The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-10-29
1Hx AnnuLLnrEHr cHAn0E.

TEE AnnuLLxEHT cHAl0R
The Helena Independent few days since
contained correspondence from Dillon, UNI
der date Of October 18th, purporting to give
an extract from a speech Of Mr.. Samuel
Word, Of Virginia City, which was IS fol-
lows:
ain order to save to the Federal officials
the extra compensation which the Bannack
Legislature had voted and which caused the
debt that the Territory now has TO pay, Sam
ders went to Washington and In utter defiance
and contempt Of the will Of the people had
their laws annulled, the greatest outrage on
popular rights ever perpetrated on this coun-
try"
Certainly such charge rs this shows to
what pitiable extremity the Democratic
party Of Montana In the present crisis b
driven. The recitation Of few well known
facts and the statement'of the legitimate de-
auctions therefrom will show the utter
groundlessness OF any censure upon Col.
Sanders for the part he took In procuring the
amendment Of our Organic. Act In which
there IL contained the annullingof the acts
Of two separate Legislative Assemblys OF
Montana.
Sec. 9Th Of our Organic Act provided that
after the first session Of the Legislative As
sembly Of Montana that "the apportioning
q the representation In the several counties
cor districts to the Council and House Of
" Representatives according to the number
"of qualified voters shall be prescribed by
alaw." This meant according to law that
should be passed by the Legislative Assem-
bly, of Montana. The Bannack Legislature
which was the first Legislature for Montana
failed to make the apportionment Of repre-
sentation rs above. required. But after 1t
two other sessions Of the Legislative Assem-
bly, of Montana, or what was called such Leg
islative Assemblies Of Montana, convened and
passed what purpored to be laws. A case
arose In the courts In which one of the laws
passed by these so-called subsequent Legisla-
lures came up for consideration. The point
was raised by Col. Voolfolk, we believe,
thatthos two so-called Legislative Assemblies.
had no legal validity. Judge Munson, then
the Judge of the Third Judicial District for
Montana, sustained Col. Woolfolk's view and
held that by failure Of the Bannack Leyis-
lature to make the appor.ionment before
mentioned the Legislative functions Of Mon
tana had lapsed- 1t came to the knowledge
Of Col. Sanders that the other judges would
sustain this view. The Acting Governor Of
Montana, Secretary Thomas Francis Meagher,
held these Legislatures legal. Here was
civil chaos. No one could tell positively
what would ultimately be held law. 1t
might be years before this could be deter
mined. An appeal to the Supreme Court Of
the United States Of q proper case would not
come up for hearing In less than three
years. In the meantime persons might be
convicted Of crimes designated by the Legis-
lstive Assemblies Of Montana and serve out
years Of imprisonment. Conveyances Of land
and mines which would be good under the
acts Of those Legislative assemblies might
prove to be void and worthless. This was
new and changing and growing country. De-
lays and uncertainties as TO law were ruinous
to II. In this emergency Col. Sanders went
to Washington and procured the above speci-
fed annullment to our Organic Act. There
were numerous precedents for annulling the
acts Of Territorial Legislative Assemblies by
Congress, but none for giving validity to
them. Underthe circumstances 1t would
have been next to impossible to have had
Congress pass curative act. Congress would
think IL first necessary to examine all the
laws of those Legislative Assemblies. They
had no precedent for IT.. The best that could
be done was this annulling act. The act It
self shows that Its author did not consider 1t
absolutely certain that the courts were right
for thersin Il ID specified athat for the pur-
poses Of reviving the Legislative functions OF
the Territory OF Montana which hare been
odjadged therein 10 hare ldpsed." IL b also
provided that MI claims Of vested rights I'M
der the scts Of the Legislatives Assemblies Of
1865 may DO tested In the courts. II is evil
dent BY this amendment It was intended 70
restore civil order and certainty and yet not
10 destroy any vested right. 1t Is little sim
gular that there was mot to be found any
Democrat who could cut the Gordian Knot
that tied Montana 10 disorder. There was .
Democratic Delegate in Congress from Mon
tsna then, but not word was heard from
him. IL devolved upon Col. Sanders who
had been defeated for her Delegate to devise
the means Of restoring to our Territory civil
order. 1t IL said, however, he did this to save
the extra compensation to Federal officials.
What extra compensation did Montana ever
allow, 10 Federal officials? Perhaps Mr..
Word meant Territorial officials. But he
alleges this extra compensation caused our
Territorial debt. That debt Is about 500, 900.
The amount which was paid to the Judges
ana Governor from the time Of the meeting Of
the Legislative Assembly Of 1865 to that Of
1867, could mot have much exceeded $4,000.
Ii win thus be seen how wide Of truth the
charge IL and to whist low, demagogical tricks
che opponents Of Col. Sanders are resorting.
There d too much manliness, too much in
tellipence, too strong disposition for fair
piay among the people Of Montana for them
to be deceived BY, or ally themselves with,
such disrcputable methods and malignant
statements. The charge win recoil upon those
who have uttered Il and win be felt Ut the
POLLS on next Tuesday,. I'LL IL 5ia laia'
-Missonla county hrs failed tor years to Sc
cure Legislation essential 70 her welfare and
financial integrity. Frank I. Worden has
6rIally yielded to the oft-expressed desire
and permitted his name TO be placed in norni-
nation for Council member We believe him
the best man .sGissoula county could send and
trust the rest Of tie District win supplement-
the majority he will receive In his own coun-
" THU II amatter of vital interest to Mis-
sonia county.
u. N. Uptonis one of the pionees, . man
al nne administrative abilities, sterling char
ncksr ma good Judgment. He has never held
Or sought nomination for efice. He has
been noninatsd for Sheriff and should be
~ go. i 4 Cnst your vote for UPTON .gMaa Il