St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-11-23
torney general, after going ali over the
ground, concludes his opinion as fol-

lows.
1t seems to me, after very careful consid-
Grafton OF the question anu.a review OF tne
diff tent provisions OF the constitution ana
the ordinances connected herewith, that IL
was evidently the intention of the constitu-
uonal convention that all officers, lnciudlng
the members of the legislative assembly.
should receive their certificates OF eleetioti
from the same source as prior to the adop'
ton of the constitution, where the ofhce
is one which existed under ter;
rilorial law. Wherever the othce is
territorial law in force relative to the issuance
of certificates of election for the same III my
judgment that law is still in force pnd sh 'uld
be followed. For example: fiud no attempt
Oh the part Of the constitutional convention
10 change any existing laws relative 10 GER
tifeaIes of election to be issued 10 members
of the legislative assembly, which is fully
provided for in section 1893 of the compiled
laws. and therefore such certificates must
still be issued by the county clerks OF tne It.
spective counties
The law referred to by the governor,
Walker and Claybu is as follows:
The certificate OF election from the clerk Of
the proper county shall De held and consid-
cred as prima facie evidence of the right to
membership of the person certified therein
10 be elected for all purposes OF organlzaton
of either branch of the legislative assembly
Tonight the members of the legisla-
ture of both parties were in caucus un-
til a late hour, but no definite pro-
gramme for tomorrow was decided
upon by either. Capt. Smith still holds
the court house. and has largely in
creased his guard. Hundreds of stran-
gers from all sections of the state are
in town, and there is no doubt that the
Democrats are fully prepared to aid Gov.
Toole in his decision to upheld the law.
There will he no trouble unless
the Republicans attempt to up
hold their fraudulent schemes by
force, and should they do
so they will be met by force.
1t is understood that United States Mar
shai Irvine, a Harrison appointee, has
sworn in a large number OF deputies,
the leader of whom will be Duncan Nc
to be that the furniture in the legiS-
Iative chamber is property of the United
States. and he will need three men to
protect it. The Democrats think that
Capt. Smith, pioneer and Indian tighter,
Will be match for the pugiliSt, should
the occasion arise.
KINNEY'S FLANK MOVEMENT.
Special to the GLOBE
HELENA, Mont, Nov. 22.-At II 80
tonight State Auditor Kinney, whose
duty it is, under the law, to call the
house of representatives to order, fur-
nished the newspapers with notice ad-
dressed to the house of representatives,
notifying them to meet in the Iron
block, Main street, at noon tomorrow,
where he will open the session. OF
this soon spread and the Democrats are
jubilant, feeling that they have won
victory already. The law provides IN
case of the absence of the state auditor
that the oldest member shall open the
session, and this duty will now devolve
upon Harry r. Comfy, the DEMOCRATIC
member from this county, who will call
the lawful legislature together in the
court house, as designated by the gov
ernOr.