Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1889-12-03

lN'b, NaF'UH IIe c0H'Iu -. .Hs -lu.e
vested n nluls'iL,
b. yhat pfnre-- of logic surl cor see
gueBr.- ilHw friu su- h conditions,
sour committee T. unable to de.ct.
mite. lie Ur e angt.uB was au Al
irmd e. df-Ir-urH % net t0 override,
the cun1iluppu of the ate aud tu rs
sumo n- = matter # Executive uut,,
lp uCrTmIn+ WHO wee primarily
member OF the rgi-laliyr a->rrnl /.
aud when the hall it-elf, Instead o.
b"lng placed al the Cl-p0sgl # tie
house o. ru'e-ritHlIy ;, had been
token u-.e'-IUu { ,y the governor, -
Lessee, and the sUlrabcs Thereto had
tren ol strurt-p, uUtll .ur Instant col
/. ihr ss-eulL' ug 81 the huu.r. it.Seeug. 4
| the duty tu provide another place in
/ which u uBli meet aud orsauIZ.
without any fp,m ur eXerut I'VE dirll.
/ tiOn.
! Your committee r. aware that fram a
/ siuglr pre--ulHt vr diatI .ct tbrse /, "a
/ cnt-tiny, .-- - tn ll- ylgnt 81 rarlair
] mUrnh' = 10 INulr reyI- ~ tllS huHy,
/ MnUiIestly ,bst rUutIJysr-y i, not d.
/ t'rmiurhlr primarily nor ul ina civ
/ uy tlc gJr"r0uE NJ Wuyi~iprs Ell
/ luN, aUG 40 art .c % In The {. Institution
! devUlyes uruu lHm ihr au hu,iiy tn
] intervene lu Wth e matter, and auy
Ht'Cmul ut that E1 G i- wur>r lufi
! meddlrsoi1e; D. l u-UT. alton, aud ia
/ t1oll.m dictate it Ir,.- auc..
No supremacy Of a psrtlculur party,
] uo leT'ouHl "mlI'iuu ut man, upd dli-
ierruce "i polili"al prlnep e., could
Tor an iusl jI-uly he remnte,t dis
/ r~gard for tIc constitution aud laws
/ IN this matter, Ii J. better Tor the
s.ut-, ifIhe district Ia question cast "A
msjOriy uf IL yole- according tn law
| Tor the republican party, aud the tri-
| bunal appointed 10 determine lha'
Iact wrougluIly; that We abide 10y tuut
decision, than lhat usuTpatiou ur au,
afrhy come To- the ref'ue. Ii that dis
trict VIA. lawfully carried by 10 deuio-
cr,ts, aud the canva-stng tribunal
WIouply det-gniue,i toe result. acqui.
rscvuce IN tier determination. j. L.e
| dictate Of ~ OtI-nI uutll an CUpOr.u.
nity oscurs lo correct the wrong liy
law, ard il would seem, upon spcl au
o,Ienlatious occasion, lLst every ver-
sou aud party. without reference to
ultimate results, would rejoice To abide
10y the law hppicHb!e 10 the con 70.
vrrsy. IL would seem that some
method exists, whereby, upon su eX-
ANIMATION Of this mater, II could De
authOriatvely determined which one
# these two seis Of Representative
presents such muuiments OF title ro
their Office ss would prima ;acIe make
them members o this house. Under
uur territorial laws ia force until the
ptsssge Of ordinance by our constitu,
tional convention, the eauvlssipg of
votes Tor members OF the lower house
Of the legislative assembly wss left
with eanvassing board of which the
chairman of the board Of the board of
county commissioners or some other
member Of that board wa made nee.
essary member and the clerk tf that
board was required TO- We certificates
of that result, because he yas the
proper person lorecord Whist was done
ny the county commissioners or under
their lawful direction or the lawful
al ectlUn CT Que or more OF them, Fin-
ality was given 10 the action f this
county commissioner aud two other
officers so far as as ascertiiuiug re-
suits affecting members Of the bOus-
was concerted. and their action gave
prims facie right 10 a seat in the
Eouse to any person having the
clerks certificate of election, and un-
Ill the house should otherwise de-
clare; but by virtue OF authority of the
enabling act Of congress, approved
February 22nd, 1889, in section
"a, legislative authority on this
question was transferred from the
territorial legislative assembly TO
the constitution convention,
whereby it was authorized to pro-
vide by ordinance II II SO choose, "for
the election of officers for full state
governments including members OF
the legislatures Our constitutional
convention chose to accept this author
ity and il did y ovide ''for The elec-
ton Of officers for full state goveru-
ments including members of the
legislatures" and by the eighth subdl.
vision Of ordinance . which Is our
law, provided that returns for the
members of the legislature should be
msde to the secretary aud cauvassed
by the governor, chief justice aud sec.
retary. Thus by law the matter was
taken from the caDvasslng board Of "A
county aud put In the hands Of officers
of ihe territory, and the duties of the
clerk OF the county as TO any final cer'
tificate, fell with the duty Of the county
canvassing board and thenceforth Was
vested in the state board OF canvassers
abb ointed by the constitution. The
constitutional convention could have
declined all authority or, accepting IL,
tue authority To finally determine
who were elected members Of the
house, might have been left with the
county can sasslDg boards asunder the
territoris laws, but II expressly trans.
ferred that authority to the state
boa d aud there IL now reposes. The
clerks certificate WIS part Of tue for
mer system of ascertnining the result
and his junction fell when this system
was set aside by the constitutional
convention. No certificate from any
source gives any member during n
Temporary organization more than a
prima facie righttoa seat In such house
and II Therefore becomes important to
ascertain what certificates entitle u
person to minele In such temporary
Organization. When that Is asoertained
there l. no authority for one person
having a prima faeie right only TO ex-
clude rom participation IN such organ
ization another person having the
some right. l, Is important that the
will Of the people shall prevail but
there must be method OF ascertain
inc that Will.
Whichever Of these claimants pos