St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-11-23
Montana Republicans Now Are
Asking One Another What
Struck Them.
Sensational Expose of the Par
tiSan Perfidy ofJudge Blake
and Secretary Walker.
Gov. Toole Issues a Proclama-
tion Cinching Hol d 3rs Of
Bogus Certificates.
Johnson Comes Within Three
Votes Of the Nomination
for Senator.
Special to the Globe


HELENA, Mont, Nov 92.-The Re-
publieans of Montana are almost COM
pletely demOralized tonight, owing to
the explosion in their camp to-day of a
bomb of the largest size. 1t will be re-
membered that the legislative contest
narrowed down during the past few
weeks to the question of the legality of
state canvaSSing board certificates. All
the Republican members-elect of the
legislature hold them. while the mem
bers of both branches of the legislature,
save the Silver Bow contestants. hold
county clerks certificates as well. The
Republicans say that the enabling act
gave the state board the authority to
issue certificates of election to members
of the legislature. but this the Demo
Gratis deny, claiming that the old terri
tOrial law which gave that power TO the
county clerks was not repealed by the
territory becoming a state, and that the
constitution especially provides that all
the laws of the territory not in conflict
with the constitution shall remainin force
until repealed or amended by the legis-
lature. 1t has been known to a few
that the Democrats had evidence in
their possession that two members of
the state canvaSsing board, Judge Blake
and Secretary Walker, had also had
like view until they found it necessary.
in order to override the decision of
Judge DE Wolfe.to hold to the contrary.
This
EVIDENCE WAS MADE PUBLIC
this afternoon in an extra issued by the
independent, which contained also
proclamation by Gov. TOole. AS soon
as the votes were canvassed in Jeffer-
son county, which elected majority of
Democrats to the legislature. county
clerk, who was a Republican, on the
advice of the Republican state commit
tee. refused to issue the certificates to
the members elect, OIL the ground that
contest was likely to he instituted. The
DemO9rats-elect applied to Judge Blake
for writ of mandamus to compel the
clerk 10 issue their certificates. which
the Judge granted. The writ reads:
William C. Whalev having presented his
complaint in the district con t of jefferson
county, duly verified according to law, set
ting forth that he was duly elected to the
Office of Joint representative for the counties
of jefferson ana Gallatln on the Ist day Of
October. 1899, and that he Is e1-tilled to a
certificate of such election, and that the de-
fendaut Charles E. Stephens, refuses to
i-sue the same to him. and that said de-
fendant Stephens is the proper person to
issue said certificate of election and is now
unlaWfuily Withholding the same; this is.
therefore to command you TO appear before
the Judge of this court al Boulder, at 10
O'Clock a. m. on the 2lst Gay OF October,
~, 4 lN1,a chr
why certificate of election 10 the Office of
ioint representative for the counties of JEFF
ferson and Gallatin should not be issued TO
said Whaley, and fail not herein at yOur peril.
Clerk Stephens Immediately issued
Whaley's certificate, and without court
covering. The above order shows that
Judge Blake, before forced to 1t by the
exigencies of the situation, believed
that county clerks alone were the
proper officials to issue certificates to
members of the legislature. This was
the first shot from the Democratic
stronghold. About the time Blake
granted his mandamus, Secretary Walk
or, another member of the state can
vassing board, was appealed to by the
clerk of Gallatin county for instructions
in regard to how to make his returns.
Walker instructed the clerk to issue
certificates to various members of the
legislature entitled to them, referring
him to the same section of the law for
his authority to do so that the Dem
Ocrats now quote as sustaining their
position.
WALKERS LETTER Is PUBLISHED
in full with the seal of the state at
tached, and its receipt by the clerk is
attested 10y an affidavit, which is also
publisfe ed. Walker and Blake, ma
jority of the state canvaSSing board.
despite their previous advice to county
clerks, all of whom followed it, when
they saw that this decision from them
was the last hope to which their party
could cling. issued them. and on these
documents the Republicans have boldly
announced their intention to take pos
session of the Legislative halls and Or
ganiZe the legislature. The Democrats
are fully determined they shall not, and
Gov. TOOle. fearing blood>hed. resolved
to give fair warning TO all. This after
noon the governor issued proclamation.
After referring to the date of the meet
ing of the legislature, the proclamation
reads:
whereas, No provision of the constitution
or of the laws provides the place in which
the said legislative ass emily shall meet and
no officer or person is expressly authorized
by the constitution or the laws TO designate
Whereas. 1t has come to my knowledge
that two sets of certincates have been issued
Ut rsons claiming to be elected to said
legislative assembly, each emanating from
different sources. and not all to the sameper-
sons: and,
Whereas It is probable that conflict may
arise between the respective claimants to
seats in said body and in the organization
thereof. which may imperil the peace of the
state: and,
Whereas One set of certificates has been
issued and delivered pursuant % section
| 1893 of the Election Laws of Montana by
the county clerks of the respective counties
| and by virtue of section lS of an act of the
| leg slative assembly of the territory of Mon
tana: and,
Whereas, By express law, the persons
holding such certificates are declared to be
| entitled to membership and deemed to be
elected for all purposes of organization Of
either branch of the legislative assembly; +;
and,
whereas, When so organized such legisla-
tive assembly, by the constitution. becomes
the judge of the qualifications of its own
members.
Now. therefore. /, Joseph <. Toole, gov
ernor of the state of Montana, do hereby
designate the court house of the county of
Lewis and Clark, ~ the said seat of govern
ment as the place where said legislative as
sembly, comprising the persons holding ana
presenting certificates Of election from said
county clerks, shall meet For the peaceful
observance of this proclamation, / Invoke
the aid of all good citizens, without distinc-
ton Of Carty.
The governor, in addition to being
upheld in his opinion of the law by the
| order Of Judge Blake and Secretary
ney General Clayberg. In reply to an
official inquiry from Gov. TooIe, the at