Daily Yellowstone journal., 1889-11-19
THE LEGISLATURE.
An Interesting Dissertation on
ths Legal Aspect of the Ques-
t,on of Organization.
The Miles City Fire Department
Becomes a Fact by Organiza-
tion OF Hook andLadderNo.I.
THE LEGISLATURE.


As timely and therefore very ia-
tertsting piece of information, we re-
print from the Helena Journal the
following communication on the man.
ner in which the legislature is to be
organized:
Americans are noted for their love
ano Respect for law and authority.
the people Of Montaua are no excep-
tioD to this rule, snd shall he much
dI-al pointed il, in the organization OF
the legislative assembly, which meets
next Saturday, there are any revolu-
tionary proceedings on the part of any
member Of eiti er house Of that body.
To help every member TO come TO u
right conclusion la the matter the fol-.
lowing remarks are submitfed:
To prevent unseemly or revolution
airy Sction on the part of members of
legislative bodies, laws are enacted
providing for their organization. TIE
territorial IL legislature has enacted tue
following COMPLIED statutes # Mon
taLa, p. 1914:
Sec. 1926. AT the time fixed by the
laws OF the United Stats aud of this
territory foi the cohveniUg Of any reg
ulgr s-ssion Of the legislative assembly,
the secretary OF the territory, OF IN his
Bbseuce or Inability, then the Oldest
member present, shall take the chair
and call the members Of the council
elect to order, and shal appoint fro;u
the members clerk pro TEN. [Only
SO much of this section is quoted a.
fixes the time for organizing the house
OF representatives.
Sec. 1877. AT the same time that is
provided for tie council teing called
10 order, II shall be the duty Of tine
territorial auditor. and In case If bi,
absence or inability then the oldest
member present iu the hall of the
house OF representatives, 10 call the
| persons elected Ia that body to order,
aud appoint from thnse elected clerk
pro TEN. The several counties ana
districts Of the territory shall he called
over by the chairman IN alphabetical
order. and M tue names Of The mem-
bers-elect are called, they shall pre-
sent their certificates and take the
oath OF Office prescribed by law.
(CoDpil.d Statutes OF MoDtans, p.
l0l5.
That there may b. no doubt that
this is law Of the state of Montana, we
quote the llowing from the constitu-
lion # Montaua, usipg the printed
pamphlet. 1t will be found beginning
Oh rage go. and article (erroneously
printed "s,ctionn) Xxx:
Sec. |. All laws enacted by the leg.
i-lative assembly Of the territory of
Montana and in force at the time the
stste shall be admitted into the Union
aud not inconsistent with this copsti.
tuition or the constitution or laws of
the United States OF America, shall be
and remain IN full force AS the laws of
the state until altered or repealed, or
until they expire by their own limIta-
tion; Provided, that wheuey yer IN said
laws the words, "Territory,n "Mon-
tsna Territory" or Territory of Mon-
tanan occur, the words "Staten o.
estate OF Montana" shall be appropri
ately substituted and read therefor.
S.me technical objection may be
made that the word "terri,erial" was
not changed TO ''state," but 1t cannot
lie, for the first sentence OF the section
Of the constitution quoted cures all
such technicalities. This law was sin
force at the time the staten was lad.
mitted into the Upion,n and Ii is "noi
inconsistent with this constitution OF
the constitution or laws of the United
States Of America" and, therefore,
with the verbal amendments neces-
sary on account Of the change of the
territory TO a state, Is the law Of the
state Of Montana. There can be nc
question, therefore, that Edwin A.
Kenney, state auditor, has the right
and power TO organize the lower house
OF the legislative assembly Of Montans
next Saturday, and that II is his duty
to do so
The question arises, which are the
names Of the representatives-elect
how shall he know them? The an.
swer is plain. but before IL is answered
let the following paragraphs from Or
dinsnce III, entitled Elections, page u
of pamphlet referred TO, be read:
, Fifth. The votss cast at said cleo
ZION Tor the adoption or rejection o
said constitution shall be canvassec
by the canvassing boards Of the re
spective counli,s not later than fifteer
DAYS after said election, OF sooner, 4
the returns from all OF the precinctl
shall have been received and In IN,
manner OF the laws OF the territory @
Montana for canyassing the votes n
general elections Ina said territory, snC
the returns OF said election shall b
, made 10 the secretary Of the territory
who with tho governor, and the chic