Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1889-12-03
The H2use Committee NJ axe a
Report CT the Question Of
Prima Facie Rights
of Members
And Incidentally Score His Ex
cellency for UnwarrantedI In
reference inthe Domain OF
Observation-Disclosures.
THE CONTROVERSY.
Onicial I;"port of The House Committee.

Onicial Report of the House Committee.
Tie house commute, 10 whom was
referred the prrpuati "a al u report on
the status oi the legislative ma'icr
now cX stunt al HelrI a, ,n SIu Jay
d,livsErd d ', lumu. a, I,lwrI, the
main foaIuip- al which alc apItrUdru;
Al fer Iern.ug the IasJ ui sp,cul
committee ,f I.r h,u-- nUyuG Hai,rd
Oh the governor aud rylOItcd That
lue house bat u,gtuzgu and Wa,
ready 10 recyiye aby COMMUNICATION
I ium lnuI, aud the fIg,her Tact Iual
tue governor had I,pltd tuat mas.
muuu 4, tue LUase ii representative,
Lal not nIei lm Tue place dvslgpa,ed
uy Ills eAug,eEey oy lrOclauiataou, Il,
could hulu any iii ia communication
With lt-tue CUmuitIUs goes Oa ls say:
IL would serHn 80 tar ~ any stAte-
NE ui nom Tile hONeiuDI - CV.cv. uVu
that hl- utgIluatiun ~ CyumunluatC
viii the nuu les AllsUs lium tAe tact
ludt il = not a-seiLUI,d ln lhe rosuI,
Ia tue cuplJ o., ugslsnhted Uy hIn;
aud the quvstlnu aIIsCs Nuglhgr the
/. l.gdmicy Of elIhrr liUIs OF tle /, E.,-
lAlIye asst may lGrns, uI can ue iuaur
tuIurli, UPON thr puItlCuiaT Room IN
winch II 4, asseinJuru or NuetHer a.
~ pertains tu ban - designate our
pace oi ucsliug.
Tntre h 40 provision Of our state
constitution or OF statute Jaw pu s,u-
Iug Iu VIII a. IOpuI Cilu buuse Oi the
comforting authority L. ue.einiue that
question upon huy man Ur officer uu-
/, = tue VlOSlsl ~ tnat The auditor
shall call Iue huJsr 80 order us "a mat
TER uf implcu iyn, canieIs upon uIm
the Authority ul saying where IN the
capital Ac will perform that duty, IL
IL prubahle such lmplIcI uuthOIty Is
conferred upon The auditor by section
1893 Ot the iiith uIvisiUn Uf the COM
pilrd sttlut-s cf the state, inasmuch
us the nOpse has assembled Al the bail
designated by that officer, the Offices
tion OF the officer Is invalid. Ii no
such implication Arises lrJuI that Sec.
tion, IL would seem to be certain that
u apIeft ti1pd 10 the members of the
house themselves informally To cay
where they should meet, aud that
hayIng determined that question, no
other department Of the government
could find fault with their selec-
tion. The imperative need
{ Keeping the functions OF each de-
partmeut Of the government wholly
separate, of maintaining each in It's
sphere Of acton, cO-equal to the Uther,
is essential TO the harmonious work
ing of our institutions; and If Ii be
true that the executive department
may, without provision Of law, srro-
gate TO itself the control Of other de-
psrtments snd upon frivolous grounds
declipe TO recognize our authority,
then our commonwealth has not yet
achieved that liberty with which
other states commence their career.
In the view of your committee Ii
would be rs appropriate aud lawful for
the judicial or legislative department
to decline TO recognize the authority
Of the governor, If in the absence Of
any law fixing the place In which he
should transact bis official business, he
had selected place which did not
meet their approval. Would any de-
partment he justified in resisting
writ issued by the supreme court, fur
the reason that In the absence of q law
designating the same, II was issued
from q room which some other depart
ment did not approve; a proposition
identical with the position assumed
by the governor and which for an in
slant cannot be maintained? Section
/, article 4, OF tue constitution pro-
vides, after creating the executive, ju-
dicial and legislative departments of
our government that "No person or
collection Of persons charged with the
exercise Of powers properly belonging
TO either OF the Others except as In this
constitution expressly directed or per
mltted."
II this house has merely in a spirit
of frivolity or obstinacy declined to
meet In any room TO which II had
been invited; while thoughtful people
would not have condemned It's action,
its right TO decline such invitation and
select place of meeting would have
been denied. But when the selection
of that place of meeting was coupled
with the statement of clear purpose
on the part OF co-ordinsts depart.
ment to usurp the functions Of bonrd
If canvassers appointed by law to dis
charge the duty Of determining ques.
iions presented 10 II, while the house
might have accepted the suggestion
and resisted such usurpation forcibly,
Il seemed the duty OF good citizenship,
peaccably 10 assemble elsewhere, aud
proceed with the duty exclusively de-
volvlng upon the house OF the legisla'
tive assembly.
In the proclamation Issued by BIZ
I excelenoy on the 22ud inst. " Il re
clled that no law provides, aud no per
sou or officer ls authorized 10 selec
the room In which the legIelaiun
shall meet, aud rs sequel 10 suel
statement, the governor proceeds 4
desipnate the room In which thi