Helena weekly herald., 1889-11-28
Executive Office,

Executive Otnce,
HELENA, Nov %, 1889
Whereas, on the 11th day of November,
A. ID 1889, proclamation was signed and
issued convening the first Legislative AS
sembly of the State of Montana at the seat
of government on Saturday, November
23d, at II o'clock noon and,
Whereas, no provision OF the Constitution
or of the laws provide the place in which
the said Legislative Assembly shall meet,
and no officer or person is expressly author
lied by the constitution or the laws to des-
ignate such a place OF meeting; and where
as, it is necessary that some suitable and
convenient place of meeting shall be desig-
mated and provided; and whereas, it has
come to my knowledg - that two sets OF
certificates have been issued to persons
claiming to be elected TO said Legislative
Assembly, esch emanating from different
source, and not all the same persons; and,
Whereas, 1t is probable that a conflict
may arise between the respective claimants
TO seats in said body and In the organiza-
tion thereof which may imperil the peace
of the State; and
Whereas one set of said certificates have
been issued and delivered pursuant to Sec
tion ,033 of the general election laws OF
Montana by the county clerks OF the re.
spective counties, and by virtue of Section
IS of an act OF the Legislative Assembly of
the Territory of Mon ana, entitled An act
to provide for the registration of electors
and prevent fraud al elections" approved
March Sth, A. D. 1889; and whereas, by ex-
press law the persons holding such certif
Gates are declared to be titled to member
ship and deemed to be elected for all pur-
poses of organization OF either branch of
the Legislative Assembly; and,
Whereas, when 50 organized such Legis
lative Assembly by the Constitution be-
comes the Judge of the qualification Of its
own members.
Now, therefore, l, Joseph X. Toole, Gov
ernor of the State of Montana, do hereby
designate the court house of the county of
Lewis and Clarke at the said seat of gov
ernment as the place where said Legisla-
tive Assembly, comprising the persons
holding and presenting certificates Of cleo
tion from said county clerks, shall meet,
! to-wit:
The House of Representatives shall meet
in the hall formerly occupied by the Terri
| torial House of Representatives, and the
| Senate shall meet in the chamber formerly
occupied by the Ter itorial Council.
For the peaceful observance OF this proc
| lamation l invoke the aid of all good citi-
zens, without distinction of party.
! In testimony whereof l have heTeunto
set my hand and caused the seal of the
State of Montana to be affixed at Helena,
the seat of government of said State, the
22nd day of November in the year of our
Lord one thousand eight hundred eighty
nine JOSEPH K. TOoLE
By the Governor.
LOUIS ROTWITT, Secretary of State.
THE State canvassers were appointed by
the law of Congress and charged with the
special duty to canvass the votes on the
adoption of the con titution and certify the
result. They were purposely hindered in
the discharge of their duties by certain
clerks at the dictation of the Democratic
managers Withholding the returns. They
have no power to enforce the discharge Of
their duties upon the county clerks. 1t was
anational law that created the board and pre-
scribed its duties They were to act with
such means as were in their power. Posi-
bly, writ of mandamus might have been
available but it was too distant and un-
certain of results. They waited a proper
time and certified the result. They went
to the verge of all reasonable requirements.
The people of Montana were impatient to
receive that which had been promised
them if they voted to adopt a constitution
that met all the requirements of Congress
and had the approval of tho President.
The result of the vote was notorious and
this, with copy of the constitution was
the main thing to be certified to secure
admission.
~
The devolving upon the State board the
duty of canvassing the vote for State
officers was entirely separate one and i'm
posed by the Constitutional Convention.
There are no other or greater powers con-
ferred upon the canvassers than by the en-
abling act. The enabling act gave the
people the privilege of voting for State
officers if they desired, however not obliga-
tory. The people, through their represen-
tatives in the convention, availed them
selves of the privilege and gave the board
created by Congress the duty to canvass the
vote for State officers at the same time.
They did not make it an express duty oi
the county clerks to send the returns 10
this board or to the Secretary of the Terri
} tory.
| The only analogous law in any way sp-
plicable required the returns to be sent 70
, the Auditor. We see no way that q
3 court by mandamus could have compelled
3 county clerks to do a duty tina, was
not clearly provided for by la"
5 1t seems TO have been the
: idea that self.interest alone was sufi cien Z
? motive to induce the proper officers to
+ send the returns to the only board that
!, had any power to canvass them. II II
3 simply a prepostrous and unreasonable
claim that this State Board of canyassers
t was to wait weeks, or months perhaps, III
q the discharge of their main duty 10 awsis
: the whims of county clerks who would nos
l. hand in the returns which they had IN
|, their pockets.
II The main proposition is that there Yves
y but one State Csnvsssng Board created
b either by the law of the Nation or the State
J, with any shadow of power to canvass ths
If vote for State officers, and no other certih-
e cate from any other source gives the holder
E,r iaAt % hOl1 QVU