Great Falls tribune. [volume] (Great Falls, Mont.) 1887-1890, 1889-11-13
GREAT FALLS TRIBUNE.
IN WEDNESDAY, NOVEMBER 10. 1889.
SEMl-WEEKLY
THE LEGISLATURE.

Governor Toole has called the legisla
lure to meet in Helena on Saturday the
% instant This date will admit of rea-
sonable time to elect United States sena-
ators SO that they may arrive in Washing
ton in the early days of the session.
1t is intended by the republican con.
spirators to have the state auditor call
the legislature to order. He is to appoint
temporary clerk who is to call over the
the several counties in alphabetical order,
As the names of the members elect are
called they are to present their certificates
and take the oath of office prescribed by
law. As soon as the members have been
sworn, they are to elect officers, provided
there is quorom present ..... m.u.
This was the old method. The repub-
licans are very DESTROYS to adopt it for
the present legislature, because
the state auditor is republican
and it is part Of the plot,
that he shall swear in the so called Silver
Bow representatives and thus pack the
house for further business, including the
election of United States senators.
There is nothing in the new constitu
ton which expressly perpetuates this
method. The auditor was chosen under
the old system because he held neutral,
independent position. The law provided
that in case of his absence or inability,
the oldest member of the house of rep
resentatiyes present should call the men,
bers to order and appoint from among
them clerk. 1t would appear from this
that the statutes did not regard the pres
ence of the auditor as of vital Importance.
The "territmial AUDITOR no longer ex
lists. There is state auditor, but the
constitution does not prescribe that his
duties shall be entirely the same as those
OF his predecessor. On the other hand
the constitution says that "each house
shall constitute It's other officers and
shall judge Of the elections, returns and
qualifications of its members" This
might be interpreted as giving broad
powers to the new state legislature--p,w
ers which make it Independent of the
constitutional provision which says tina,
the territorial laws shall remain in force
until altered or repealed. As no such
provision is contained in the Montana
laws, the inference is all the stronger.
The conspirators should bear in mind
Section 1926 of the Compiled Statutes,
which says:
'The certificate of election from the
clerk OF the proper county shall be held
and considered as prima facie evidence
of the right to membership Of the person
certified therein to be elected for all pur
poses of organization of either branch Of
the Legislative assembly.
Now Section s, of Ordinance 2, says
that the votes for the "above officers shall
be returned and canyassed, as is provided
by law, and returns shall be made to the
secretary of the territory and cauyassed
in same manner and by the same board as
is the vote upon the constitution, except
rs, to clerk of the district court"
The constitution allows the state canvass
ing board to pass upon the returns, but
there is nothing in 1t which repeals the
territorial law quoted above, which
makes the county clerks certificate the
true credential.
But, after all this has been considered,
it must be borne in mind that this is a
crisis not foreseen by the trainers of the
constitution. 1t is contingency in
which reasonable plot is on foot to
control the legislature and rob represen-
tatives of their rights. The occasion
calls for exceptional measures. The
people will uphold Governor Toole in
taking such measures when he deems
them necessary. They love law and or
der, but they love justice and right more.