The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-02-02

The Chaar-Un der rule No. I the President
can yota on all questions of ayes and noes.
| Bsck-The question being put In the affirm
alive, IL Is lost.
I The Chair-The vste being six to SIX, the
motion to sustain the Chair IL lost.
Notwithstanding to rule No, %, the Chair
| The Chair--The gentleman ncorrect. Un-
4 der rule No. 50 the Chair Is Sustained. T.. gag
white-I understand that applies to mem
| bers on the floor.
Back-A short time ago called the atten-
| ton Of the Chair to rule No. 2, but the Chair
didn't consider the rule absolute.
| Ches.mzn-I would like 10 ask II the ques-
tion was not put in the Affirmative.
| Witter-Mr. President, l would call your
attention to rule No. II: Every member
/ who shall he present before the vote is de-
/ clared from the chair shall vote for or against
| the sxme. and no other. In case he is imme-
| di ately interested, he shall not vote" 1t
seems to me the President here is Immediate
| Nurris-I believe the Chair has already de-
eided that question. / move We proceed to
/ business.
| Seconded.
| Chessmaa Ayes and noes
| Mitchell-I don't think it Is necessary in
| order to proceed TO business that we proceed
| by molten. An order from the Chair is
enough. y
| Moris-I withdraw my motion. believe
| tho SohSChs va Wy scSoua Il Sah ~Ash
drawit.
White-The gentleman is not right The
1 mstion cannot be withdrawn without the
| consent OF the house.
| Back suggest that the President take
| time TO look up the rules.
| Whito-l seconded the motion.
| Cardwsll-l seconded the motion.
Laughter. =
| Whfte-I rise to question of privilege. ]
Wa appointed by the Chair one OF the CON-
1 uaiftee on crede ntials and not desming IL a
apfopet or legal committee 1 have taken pains
/ 10 prepare communication and ask that 1t
| be Yrad,
Back-There Ia a motion before the house,
and fdoa't understand that It has been with
| drawn. wish to ask IL 10 has been disposed
! of'5 and. ifso, AK that thsrecords show how
| Ttwas done. -. a.
| Morris-I believe the Chair has ruled.
Ckair-The clerk will read the report on
| mileage.
I Report read
| White move the report be adopted and
| the committee discharged.
Seconded and Carried
| Aorris-l call for the reading Of the report
| on credentials.
| Witter-I still object to the reading Of the
report and move the report be rejected.
Laughter.
| Back object to the report of the COM
miItee on credentials being received by this
| body. ] believe IL cannot be received except
| by the full body, and where there are object
| ions made by two or three members IL can
not be received. 1t cannot be read until
| there Is q vote taken upon 1t.
Morris-l demand that the report be read
Chair-The clerk will read the report.
| 'White-l rise TO q question of personal
privilege. ask my statement be now read
| ltls certainly in order.
Morris-The clerk Is directed to read re-
port OF committee on credentials.
| Laughter. %.
Back insist that my objection be entered
upon the mi nutes.
/ 7Clsrk-Mr President, your committee on
| credentials respectfully reports that from
eleven Council districts they find that the
following members have certificates Of cleo
| ton in due furm from the proper officers;
that they are entitled to seats, and that there
are no other persons claiming any right
| thereto:
From Missoula county-w. e. Bass.
| Jefferson county--Edwafd Cardwell.
| Lewis and Clarke county-W. A. Chessman
and w. G. Gillette.
| Custer county--C. G. Coz.
| -EMeagh-r county-Granville Stuart.
ir Gallatin county-G. ID. Thomas.
| S,Bsaverhead oonnty-B r. White.
Silver Bow county-A. G. Witter.
5" Deer Lodge countv-A. H. Mitchell.
IN adison county-W. w Morris.
l., We therefore recommend that the above
| named persons he recognized and respected
cil
| d. Your committee would respectfully further
report that in the Council District comprised
Of Choteau and Dawson counties, A. B.
Hamilton and H.. 8. Back are respectively
claiming seats In this body a. Representatives
from this district. That tho said A. B. Ham
tilton has presented 20 your committee . GER
nficate Of election from the County Clerk tf
Choteau county, which y In proper form And
duly s.ss = o.. y r. 9ssi me-. .s Ihs snds,
ELECTION properly smanasss from the senior
1tounty ID said: district; and flias said County
}of chotshu Is such senior county; a. will be
l&een BY: Inference TO section, 3, page 63l. Ban
i pack Statutes, and pages 102 and los Of Laws
ffJf fifth Session. TIA, by SECTION s45, Fifth
Edivision Of the Revised Statutes Of this Ter
ritory, IL In made the duty Of the Clerk Of abe
| Ro. I'd Of County Commissioners OF the
OF the CANVASS Of tn. votes OF such county,
I and at once transmit the same to the Comfy
Clerk of such senior county. That under
this statute the certificate Of the abstract OF
4 votes of said district properly comes from
the clerk of the senior county, and Ia entitled
IRE full faith and credit ~ against oil other
abstracts pertaining to come from such clerk.
IL Your committee are clearly Of the opinion
tlat the certificate Of Mr.. Hamilton " EN-.
fpbaticallS made the legitimate evidence Of
his election, which can only be overthrown
BY showing that he idnetrsseise smajorIty
| Of the rgtal votes cast In said district, and no
| effort bas been made to show this. We are I'M
i willing TO: assent to any other doctrine than
. ton by the proper officer imparts absolute
verify until impeached by showing that the
J h0ldG Of IL n not In reality elected.
r. There AGE but two posirion. to be taken
. itfAi,4 the iaw. Que IN that the lawful Ab-
:. Mrac, vi tsr votes By the proper officer, and
: crr:iHcat' -bf election under his hand and
seal -hfi, irs'th. person named in IL TO exer-
Il Cis~ ana .tjpy the office. The other is where
10 caa. DO shown that THIS certificate of cleo
tipnis incorrect, and that the other actually
| received fhe greater number Of votes. in
sshA6 event, he is entitled TO exercise tn.
functions of The Office apd is made the legal
eyidyncs Of rhe,elrctiop. The other Is the
fact If election: ri. former must prevail
: unfit overcome by proof OF the latter. 1t
i. sssi,l he idle apdniliy to say that the statute
Il Which makes the certificate OF the abstraeto OF
thJyots Of DaTson county ~ evidence by
IND return, inadn 10 the county commission.
Ss~uf Choicaa county could b- overcome and
ipissTked by another certificate transmitted
TO tie Territorial Auditor, II Is the abstract
{ I Of fir rirrk Of Dawson, sent TO the clerk Of
~ ghtsSaRf. x.idi the latter abstract from these.
T. ;thai,sav's fniha uticity to the certificate OF
] Wilt Mr. Back has presented nothing but
II rhp arrff-;i ab>tract Of the respective clerks
:: as antsar- from, the files Of the Territorial
= lsAil5;t.s.,: fhs former, rs We have suggested
J j. Hfpi.; ihs legitimate evidence for this pur-
fposa, Wbile tbs latter, ii unnecessarily or
II IsobhifySA ase In the etkce Of rhs Auditor
q is>ooefa 1ori the purpose OF eanvas~Ing tis''
/ NotYafor Delegate in Congress, - Will o.
seen hy SECTIONS 64l 5s2, and b43 Of the gem
era, laws, n visea statutes or Montana Ter
Y9areommittee are efthe opiBion that each
Of the said Abstracts referred TO in said SEQ
= tfon SO has rsf@repcs to the vote or the DIFF
J fese ~ precincts In tho county for DeIsgsee
j. andahe, easiysxs thervof, being tssrenly par
poses for which II can hs used - eyttspas ~
The Irovi>iehs Of this statute. snfios is,
no wteer; I'd say that this abstract II inferior
ktn tk,t viii dii oo.aes from the proper officer,
i through the proper cha1nsl and. is the leGiti-
innate Evidence or the Official character Of the
tpfrsoh namst in it,. Tits The evidence recog.
t'nizer under the laws and must' prevail
| Aside from this documentary evidences there
Is no testimpny before y our committee as to
ID whashsof The parties, a. fact, did receive a
: majority Of thE legal votes, sG9St IN ,ald dis-
, trict at said Election. The credentials Of M.
III H4nHhoa being In all material RESPECTS sim.
iaar 10 thoseE presented by the other members
Of this body hose seats are uncontssted, we
respectfully recommend that he aho DO en-
! Fitted u seaein this Council; that the Scr
| ceansAt-AfmS notify hisu ID hereof, that he be
I.reauiredto attend this body In session; and
that the chief clerk be instructed - erase the
/ /: name of said H, s. Back from the roll, and
! inseTt iii lisu thereof that Of A. b. Hamilton.
y t:r,ts stises pscafally submitted. s!-"o& -,
II =. w. w Morals, Chairman.
60 90; w. T. Bass,
l,s-Csei1elf:- move the adoption Sf the re-
= pert :zIG!'I q: .fs~". +, . :. d. s. go