The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-01-20
VINO are elected by the plurality of votes to be
Senators in each district.

: = L ASAia ASs lltSC JIIeG O1l1S-
lions refer to the qualification of members hv
Inc administration of the required oath, The
oath is TO be taken and subscribed in the pres
cnce OF the Governor and council. The Clerk
OF the preceding House shall preside until
the Replesentative-elecJ shall be qualified
and elect a Speaker. If no quorum appears
he shall preside, and the Represe
present shall adjourn from day to day until a
quorum appears and are qualified and a
Speaker is elected. The qualifying oath I'M
der the Constitution or statute NAV be
administered to members-elect Of either
branch in any number, though a quorum
must appear and be qualified before proceed
ing to elect a Speaker, and if the whole num-
per OF votes for Speaker is less than a quorum,
ana there is nothing on record to show that a
quorum was present and acting, there would
be no election.
Question -. The Governors term of office.
and also that of his council expired at mid
night following the first Wednesday of Jan
uary, 1850. The term of the officers mentioned
expires with the election of their successors.
Questions IA, "A and 25. In the general
provisions OF the Constitution, Act tx, certain
oa'ilsor alllIlnatlons are prescribed forpersons
elected, appointed Or commissioned to the
offices therein mentioned. 1t appears that
those before whom the prescribed oatls we're
TO be administered refused to act, and that
now there is no existing Governor. and coun-
Gu before whom they can be administered.
Inc oath is prescribed, the time and other
essentials to its binding force depend on its
time, not on the magistrate by whom it is
administered. If there is no Governor or
council, or there being a Governor and corll-
ell, they refuse to administer the oath to one
Representative or to all, what is the result?
Is it not anarchy? Can the government be
IpSt fnypI rr &c ,tint ,o,nl,1,l l,,o,,.o tl,,.
is no Governor and council before whom the
prescribed oath !, to be taken? We think
not. The prescribed oath is from the necessity
OF the case, before a magistrate authorized to
administer Oaths. Members must be sworn
before they can act, and it is by their action
that the Governor and council thereafter is to
be elected and the government continued. 1t
canuot be presumed that the trainers of the
Constitution had in contemplation that the
oath had better not be administered at all
than administered by any other officer than
the one designated therein. This is one of
the most reliable tests by which to distinguish
a directory from a mandatory provision.
Question ID. One whose only title to the
presidency of the Senate is by virtue of such
an election cannot become Acting Cover nor
because lie is not the legal President of the
Senate.
Questions IL and II. Under the letter of
the courts it is at least doubtful whether the
President of the Senate is required to take a
new oath before exercising The office of Gov
erlor when that office has become vacant. A
legally chosen President Of the Senate may
become Acting Governor without the admin
l~slration of any other qualifying oath that
which was taken in his office of Senator.
Question Is. IT appears from the statement
of facts that the member from the cities of
Portland. Lewiston, Itocklanu Bath and Saco
We're duly elected, as we'll as by the returns
betorv the Governor and council; that by law
shOuld be issued to them that in
fact no summons We're issued. The motion
was scasonably made that these members,
appearing by the returns before the House to
have been duly elected. should be permitted
to participate in its organization. but the
assistant clerk refused to put the motion and
entertain an appeal. BY the constitution the
returns Were before the House; by those
returns the representatives above named
appeared elected their seats were not con-
tested, ANA the Governor and council could
not. without violation of tleir constitutional
duty, neglect to issue to them Il summons, nor
the Sccrelarv of State to place their names on
the certified roll which it was his duty to fur
nisl. The Governor and cOuncil could not
legally withhold their sumlnonses from those
appearing to be elected they could not order
a to issue 70 some appearing to be
elected and withhold it from others. Their
election was patent on an Inspection of the
returns. The House in 10 way can decide
their rights. The question, whether their
names should he added to the roll was not
submitted. They appeared to be, and were,
elected, and it is not to be presumed that the
House. knowing such facts, could have pro-
libitcd their acting. If the clerk had permit
ted the question to he put, these members had
a right to take pa iii the organization of the
House until it Should otherwise determine.
QUESTION -. Tie House cannot legally Or
game or act under Il certified roll OF l3J
names only, and having no representation TO
the five cities named provided the representa-
ti>es to Tie cities appeared and claimed their
seats the House could take no action whatever
unon ;le question of their right to participate
in the organization. the clerk refusing to
entertain d motion made for that purpoS" and
refusing to entertain al appeal from his
ruling thereon.
Question 70. We answer in the atfirnll-
tive. unless the House has acted upon the
question Of thpil right 10 act as members and
they decline TO the contrary.
Questions Il and -. Circumstances may
exist Which will Justify and render legal such
an organization OF the Senate ana sucl an
organization of the House. We think such
organization NDU!N Ne .tlotihtN aitu
Legal 10y tie existence OF such circumstances
as we have rccited in the statement stated OF
facts submitted to us and that such orgalllza-
ton. effected under such circumstances would
constitute Il legal legislature, competent 10
perform all functions constitutlonaliy belong
ing to that department Of our government.
Tumult and violence are not requisite t." a
due assertion Of legal rights. They should
be avoided whenever possible. They can
never be justified except in cases Of extreme
necessity.
WASHING Ton. January TO- The sub
committee of the Houseselect committee on
the State law respecting the ascertalntneht
and declaration of the result OF elections ioi
President and Vice President, to, day decided
to report fayorabIy to the full committee Oh
- iltnallLaal LIZ RanLaSau-