New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-17
THE MONTANA MATTER.
WHAT THE LAW REQUIRES AND pEO1DEs-THF

PRESIDENT SIMPLY DID HIS DUTY.
Washington, Nov. 10 spocaD.-And so Montana
was admitted into the Union by I" a TICK and IN
e indecent haste.1 Let's Section of the Act
for the Admission into the Union of Montana, the
Dakotas and Washington, says that whenever the
nroner officers of one Of said Territories shall certify TO
him that majority OF the legal votes thereof have been
cast for Constitution framed In accordance with
the Act together with statement of the votes, and
II said Constitution and government are republican
I'm form and all the provision of the Act have been
complied with, then 1T shall be the duty of the
President of the United States issue HIS proclama
ton announcing the result of the election in each,
and thcoupon the proposed States which have adopted
Constitutions and formed State governments shall
be regarded States, equal footing with the
other States already in the Union. So the President
had nothing to do except to execute the law, which
clearly prescribed his duty. The law was framed
by Democratic committee in the House, which
jealousy scrutinized every provision. That com
mittee dreamed of saying that Montana should
not be admitted in an election contest or any
other specific of litigation should be pending In
of her courts.
But further Section % Of the Enabling Act pro
v1des: That respect TO all cases, proceedings and
matters now pending 10 the Supreme or District
OF either of the Territories mentioned in this
Act at the time of the admission into the Union Of
either of the mentioned in this Act, and arising
within the limits of any such State, whereof the
Circuit District courts. by this Act established
might have had Jurisdiction under the laws of the
United States, had such courts existed at the time OF
the beginning of such cases, the said
Circuit and District courts respectively shall
be the successors Of said Supreme and District
courts of said Territory; and in respect 10 all other
proceedings and matters pending in the Supreme
District courts of any of the Territories mentioned
in this Act, at the time of the admission of such
Territory into the Union, arising within the limits
of said proposed state The courts established by sch
State shall esIectiVely be the successors OF SAID
Supreme and District Territorial Courts; and all the
files records, Indictments and procee iings reating
any such shall be transferred 10 such Circuit,
District and State courts, pectively, and the same
shall be proceeded with therein in due COURSE of law
but writ, action. Indictment cause or proceeding
now pending, that, prior 20 the admission Of any
of the States mentioned in this Act sh8 be pending,
In any Territorial Court, in any OF the Terri tories
mentioned in this Act, snail abate by the admission
of any such state into the Union bat the same shsu
be transferred and proceeded with in the proper Unef
States Circuit, District or State court, as the case
may be-"
Here are clear, comprehensive provisions, under
which election contests may be settled. provided they
are subject TO judicial determination at all. Tho !
people Of Montana, having very recently judiciary,