The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-01-19
the mighty wheels Of legislation will be q
good as clogged.

that the day j. over that learned body seems
~ far NJ ever from u solution OF the difficulty
OF organizing. The committee of credentials,
from the report 81 which III much was ex-
pected, asked further time At the morning
session, whprrupoB recess until ? p. m. wan
taken. At two o'clock. after having the
record Of Saturday corrected 30 ~ ~ nhow
that Hamilton had presented his credentials
and the chair had refused TO hav. them read,
and also that he had asked to be sworn In but
WAS refused this also. Mitchell stated that
the committee on credentials failed to agree,
but that majority ana minority reports had
been prepared.
Gillette then presented the majority re-
port, which was read by the clerk.
MAJORITY REPORT.
Mr.. President:-A majority Of your COM
mittee on credeutials beg leave to report that
they have examined the certificates Of cleo
ton placed in the hands of the chairman OF
your committee and have also examined the
abstract Of votes on fIs in the Territorial
Auditors office and find the following
named
GENTLEMEN ENTITLED TO SEATS
In the Thirteenth Legislative Council. to-
wit:
From Missoua county--w. z. Bass; JEFF.
ferson county-Edward Cardwell; Lewis and
Clarke county William A Chessman aud
Warren e. Gillette; Custer county-Charles
g. Cox; Deer Lodge county-A: H. Mitchell;
Madison couniy-William w. Morris;
Meagher county-GTapville Stuart; Gallatin
county-George D. Thomas; Beaverhead
F. White; Silver Bow
teau and Dawson--H. s. Back,
They have also examined y
A PAPER pURpoRrIsG 70 BE CERTIFICATE
OF ELEcTIoS,
Which was given to A. b. Hamilton A. a
member of the Council from the district com
posed of the counties or Dawson and Cho-
teau The paper IL dated upon the thirtieth
day Of December, 1882, and Is signed by John
4. Murphy, county clerk.
TArTAN, INSTEAD OF MURPHY, COUNTY
CLERK.
From the official returns and abstracts Of
votes on file In the office of the Territorial
Auditor, il appears that John W. Tattan was
the county clerk of Choteau county az the
time when the votes for Councilman for this
district were cauvassed. The term Of said
Tattan expired on the third Monday of De-
cember, 1882, and his successor in the office
of county clerk was John 7. Murphy. When
the votes were canvassed IL does not appear
that the abstract OF votes from Dawson
county was considered.
HOW THE VOTES SHALL BE COUNTED.
It is evident from Sec. 545 Of the genera
! laws Of Montana, page 52l 2, that the clerk
| Of the senior county and some other county
| officer shall constitute what IL usually called
| a canvassing board tor the purpose Of can
| wasting the vote of two or more counties
| when thew are united in Council district
! and determining who has been elected a.
! Councilman for that district. This board Is
to declare the result and the clerk Of the sen
! Tor county shall give certificate to the per
son having the highest number OF votes. j
Is evident that the clerk who should give this
| certificate Of election Is the clerk who can
| vassed this vote and who was necessarily one
Of the board Of caavassers.
The abstract Of the votes Of the junior
county Is to be- sent to the clerk Of the senior
! county.
The clerk Of the senior county and probate
Judge, or any other county officer. shall n
! once canvass the votes. and the clerk OF tht
senior county shall At once issue the certih
| cate Of election TO the person having The
largest number oil votes.
ISSUING THE CERTIFICATE.
How could such certificate be issued a
| once unless IL were issued by the clerk wit
made the canvass? The certificate does no
state that 1t was issued by the clerk whit
made tho canvass OF the votes OF the coun
ties Of Choteau and Dawson. On the con
trary, it Is signed by the clerk OF Chotea
county, who did not canvass said votes: Tn
statute requires that a certain officer SHOULD
sign this certificate, and the paper delivers
TO A. b. Hamilton Is not properly autheHtl
Gated. The paper presented by A. b. Hami
ton recites that he was selected as Council
man" Nv appears by The Official returns Q
said election and the abstract Of votes cast
/ now on file In my Office" The clerk Of Che
7 records which were In his office on Decembe
20, 1882 He does not state what the oficis
Il canvass of the votes was, and the abstract q
1.-the votes Of Dawson county for Councilma
may have been lost or destroyed before tina
date. The clerk Of Choteau county refers
facts which render worthless his certificate
TIM VOTE FOR couNcILMAs -,
From the abstracts Of the votes OF I'll
counties OF Dawson and Choteau for Coun
Gilman, which are on file IN the office of th
Territorial Auditor, and signed BY the clerk
Of said counties, 1t appears that the followin
votes were cast at the general election hel
Noveinber 7, 1882.
l. OH. Churchill. ..369 votes.
A. Is. Hamilton. ...60l votes.
| III s. Back. .o4S votes.
HAMILTON HOT ENTITLED TO A SEAT.
Under the circumstances . majority
your committee beg leave to report that NJ
A. b. Hamilton has rot d proper cer,ihcst
| TO entitle him to seat IN the Council; br
that Henry 8. Back, having received th
highest mum Der of votes for member Of tn
Council from The, JOINT district Of Chotea
: and Dawson counties, Ii entitled 70 seat
this Legislative Council.
w. c. GILLETTE,
Il - AARON G. WITTEK.
| Mitchell sent Hamiltons certificate to u
| clerks desk and IL was read. The certihca'
, is regular In FORM and Is signed BY John
Murphy, county clark, '....
Mitchell then presented the minority r
port which was read by the clerk.
81 MIsoRITY REPORT.
Mr.. President:- Your committee on credel
= tiais having met In accordance with !
( duties; after duly;cagsidering the case OF
ii 8. Back and A. ID. Hamilton, each claimir
10 bs elected mem ers from the counties
=. Choteau and Dawson, find 1t Ia unable
!, agree In view Of the importance Of II
, questions involved, 1t is deemed proper by
minority. Of your committee 70 report us
REASONS FOE NOT coNouRRrso
In the report of the majority. While we r
greet that there should be any difference
4 opinion on question that seems to W.
!. clear and unmistakable, we feel compelle
:. from a sease of duty: TO dissent from r
| port which, in our opinion, Is fagrant vi
E iation Of the law, in taking the otic', fro
2 one prirna Jdcie entitled TO hold 1t and givil
: | IL to another, before, al least, the pelmane
= organization Of this body, when, ii at all, Il
: matter could be properly entertained hy IL.
WHAT THE LAW PROVIDES.
!, Nv section 545, page III, Ell seq, Rrvis,
: Statutes Of this Territory, II will bs foul
= that when two or more counties are unite
together in one councillor repre- sentati We III
U trict, that the canyassing board Of the
4 spectiye counties shall canvass the vote (
= such Joint officer that tits made The duty
!, the clerk of the board Of county commissio
y ers of the county last established, 30 make
q Certified copy of the abstract Of the canva
|, and immedi ately transmits 10 TO the clerk
!. the senior county that the clerk Of th, boa
= of county commissioners OF said senior rou
lty, with some other county officer th-re'
II shall Mt once canvass the votes. an'i III
A clerk shalFa at once issue a certificate III elt
!, ton to Che person having he highr.s numh
. .pf votes entitled thsr~tot 1sss 's'f,
y THE cERTrFIcArEIssrEps TO HAMILTON
= We find that in pursuance sof thi. srcti
q | of the statute, the clerk OF the board
II county commissioners Of Cboteau. IL bel
|, the senior roupty, said district, duly issu
:, to A. b. Hamilton certificate to the en-,
vi that he has duly elected to the Office OF jol
o councilman for said counties OF Chotrsu u
d. Dawson, rs appears by the official returns
!. said election and the abstract OF votes ca
:, now on file an his Office. This certificate
!. in due form and property certified uysr :
y hand and Official seal OF the clerk, ON
T. 30th day of December, A. d. 1882.
|. NocoSTEsT AGAfSsT HAMILTON. 7.
.. There is no evidences before your cent?
!. tee that any contest was sought or made
- respect to A. b. Hainiltons election, In u
* snance OF the statues In such case proyfd
\ We find, also, that as there were no ss
- steps taken to contest the election pf
Hamilton, or invalidate suohs cerfiicate; "a
y by section 55l, p. 522 1T seq. Revised stAtu
he Of Montana, that when no suoh .proceedii