The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-01-20
ELEGRAMS !
STATES.

pPkS, opCthCI VI OuC 1OtoC u 1hCplCoCl-
ives, to their recent questions:
question /. An election has been had by
electors of this State. The rights of the
Eeral persons voted for depends upon the
kes cast in accordance with the constitution
laws of the State. 1t was the duty of
Governor and council thus to declare it
khorized and not void.
The Governor and council examined the
urns and undertook to declare the result
il appeared by the returns. Various ques-
ms involving alone the construction of the
ostitutiOn and the statutes relating thereto
bse and the Governor, by virtue of his con-
~utional prerogatives, called upon this court
its opinion upon the questions pro-
mdcd.
" the provisions of the constitution this
,rt was required to eXpound and constrlle
provisions of the constitution and statutes
|olyed. 1t gave full answers to these ques-
ks. The opinion OF the court was then
aimed in II case Oh the modes provided
he constitution for an authoritative deter
nation Of important questions of law.
e law thus determined is a conclusive
de of the Governor and council in the
Ff%ormance of their ministerial duties, and
action OH their part in determining the
e as it appears by the returns in violation
the provision of the constitution and the
thus declared, is a usurpation of author
and must be held void. 1t only remains
apply these principles to the subjects EN-
ced in the questions proponnded. The
kernor and council lave no right to sum-
n a person to attend and take his seat in
Senate or House who by the returns be-
them was not voted for, or being voted
was defeated. To summon one for whom
M -4,- l,al ho1,, o,nA yr~,J1 h. J.l..
alton of official duty. To summon those
BIN the returns show We're not elected
hid be equally such violation. Either
We body. The summons thus given would
void. Grant this power and the rights of
people to elect their officer is answered
b~uestions theee and four.
he answer to the first question covers
ch of the ground embraced by the others.
ders of m which are void for the
BON that the Governor and council failed
perform their constitutional obligations
e no right to take part in the reorganiza-
or in any subsequent proceedings of the
use. They are not, in fact, members.
members righttillly elected as shown by
official returns and the opinion of the
Yt upon the propositions heretofore by the
vernon presented to the court are entitled
appear and act in the organization Of the
Use to which they belong, unless the House
Senate in Judging of the election and
~liticatiOn of members shall determine to
contrary. a member without a summons
appears to claim his seat is primd .tUtid
tiled to equal consideration with a mem
who has a summons. lie is not to de-
ed of tie position belonging to him on
,unt Of the dereliction of those whose
it was to have given him the usual sum-
BIS. In the absence of that evidence it
be supplied by other evidence of mem
khip. The House and Senate have the
be right to consider and determine whether
hc first instance such persons appear to
e been elected and finally whether they
Re in fact elected as they have of all per-
who appear for the purpose of composing
r respective bodies. Under the facts
tied in the statement submitted to them
judges decide that the named gentlemen
ltepublicans) We're entitled to seats and
f. other named gentlemen (Fusionists)
not entitled. Both the Senate and
Disc (mealling the body assembled to he
Eanized as such) were debarred from any
@0n thereon bv the conduct of the plesid-
Secretary and Clerk on the assumption Of
officers that no question should be
iIIiS lCiiliNt l bLS Isl VI iSo
bse names are not upOn the rolls
lishcd by the Secretary of the State, but
were claimants Of seats, was unWarrallt-
The statute of 1869 says each house
the constitutional right to organize itself;
form provided for aid in affecting an
hniZation does not confer upon a tempo
y presiding officer such conclusive form,
10 far as the act of 1867 declares that no
BON shall be allowed to vote or tax" part IN
organization OF either branch of the Leg
ture as a member unless his name appears
Il the certified roll Of that branch OF the
kislature in which he claims to act We
Pix it clearly lepugnant to the constitutions.
Rch dcclaresIhat each house shal! be he
&c Of the election and qualification Of its
4nUeis ; it aims to control the action III
within it's constitutional form till after Il
organization with the majority determined
fixed by the Governor and Council. BY
action in granting certificates to men not
earring to be elected, or refusing to grant
f|iiicates to men clearly elected, they may
Slitute each house with a majority to suit
r wi purposes, thus slrangling and over
PwinS the popular will as honestly OK
6sed by ballot. That act gives the
cutlvo department the power 10 rob tie
pie OF the Legislature they have chosen
force upon them one to serve lis OWN
= poses. 1t poisons the very fountains OF
Station and tends to corrupt the legislative
hrtlnent of the government. 1t strikes a
h blow at the heart Of popular govern
II, and renders its foundation and great
wark, the will of the people as expressed
\ ballot, a farce. Each house has the same
ter, and is charged with the saine duty. to
are the election of its own members aud
Rnlze in any legitimate way as before the
Page of that act.
!. question 9TH is answered technically, bat
aims the Republican position. showing
the House might reverse the action OF the
fernor and Council in the case alluded to-,
hat in case that the Governor and council
Rsed to decide the case according to law,
their decision was null.
Question 5. If objection was made to the
IS disability of illegally summoned persons
the House ignored the same, then the
hnizatlon of the House would be luil and
\. The Senate may organize with less
a Quorum when less than a quorum were