Daily Yellowstone journal., 1889-11-19

islhtive assembly provided for in this
constitution. The terms of officers 80
elected rhsll begin when the ststa
shall be admitted into the Union and
shall end on the first Monday in Janu.
sry, 1889, except as otherwise pro-
vided.
Seventh. Th. re shall be elected al
| the sane time one Representative in
the IF y-first congress Of the United
| StStes.
Eighth. The votes for the above
Officers shall he returned and canvasstd
~ is provided by law, and returns
shall he made tn the secretary Of the
territory aud canvas .rd in the same
manner 10y the same hoard as is the
vote upon the constitution, except n
to the clerk Of the district court.
Is 1t not plain whose names are to be
called aud what certificates should be
accepted 10y the sta'e auditor acting as
chairman tor the organization Of the
house of repre- entstivts? Tn. vote
for "tne members of the legislative
assembly are to bs returned aud can
vasstd as provided by law, and returns
made 10 thu secretary of the territory
aud clnvasssG ia the same manner as
is the vote upon the constitution. The
same bolrd which Canya ,sed the votes
fur the constitution nlust canvass the
vut,s for members of The legislative
assembly. and having cauvassed them
1t NUT declare he result, aud hnviug
declared the result, ii must issue cer-
tificatss in accordance herewith.
1t may be said this board had only
the right to canvass the votes for 'hp
officers named in paragraph sixth Of
Ordinance Ill. That j. pettIfOgging
answer. and hardly worthy OF notice.
IL follows as clearly as night follows
day that whoever canvasses the re-
turns must declare the result AID
issue the certificates, unless .heie lie
some other Office designated.
But some one mSy say there Is an
officer designated 10 issue certificates
10 meulbers-elect Of the legislative as
sembly, and will quote the following
ffom complied statutes vi Montana.
pa ;e LOLA:
Sec. /, ,325. Toe certificate of election
from the cIerk Uf The proper county
shull be held and considered as prinIa
iacle evidence of the right to member
slip of the person certified theron To
| be elected for all purpose. of organtza-
ton OF either braucn OF the legislative
assembly.
THIS would be tine law Of Montana #
ordinance III. had not been adopted by
the constitutional convention. for
this election ordinance III. supersedes
section ,325. The intention Of the
convention can be clearly seon when
tue whole OF ordinance III. is read:
Ninth. There shall also be elected
al the same time the following county
and township ofiicers: Tnree county
commissioners, one clerk OF The oOhrd
vi OhS Va SA'NAS ~
corder, one sheriff, one county treas-
urer, one county superintendent oil
common schools, one county surveyor,
one county assessor, one coroner, Que
public administI ator, one county attor.
ney, two justices Of the peace, and
two oonstab.es for each township.
The terms VI Office Tor the above
naned officers shall begin upon the
admission Of The state and end npor
the first Monday OF January, A. ID.
1898, except, rs 10 con1ty treasurer
whose term shall begin ON the first
Monday of January, "A. ID. 1893, except,
Ms 10 Ms TO county treasurer, whose
term shall begin on The first Monday
in march succeeding his election, and
end on the fret Monday OF March, A.
ID. 1893, and also, rs 20 county COM
missioners whose terms are otherwise
provided for in this constitution.
Tenth. The voters for the above
county aud township officers and for
clerk Of the dittrict court, shall be re-
turned aud canvsssed ond certificates
Of election to said officers issued as Is
now provided by law.
Section 1925, therefore, applies to
county and township officers and
clerks Of the district court. but not to
members of the legislative assembly.
How do we know who was elected
governor? By the certificate OF the
canvassing board consisting OF the
governor. the chief justice and the
secretary of the territory OF Montana
And the authority to declare the re-
suits and issue the certificates ms tc
members Of the legislative assembly h
given In the same words in the same
sentence ns the authority 10 declare
the result and issue the certificate as ts
the governor is given, Both stand on
the same foundation.
II will be said that this board issued
| certificates 10 persons who were no
elected. Ajudge may decide wrong
but that Ia no reason why the judg
I meut Of the court should BE- resisted