New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-25
TYRANNICAL .GOVkRNUR TooLE.


Joseph K. Toole was elected Governor OF
Montana not because there were moro Demo-
Crafts than Republicans in that State, for every
other Democrat than he on the state ocke' WIS
disastrousy beaten Mr.. Toole pulled through
because he possesses certain clements OF per-
sonal amiability which caused few young ne
pubEcans to prefer him to his particular OPP
ponent. But the margin of difference IN the
total poll for him, the most popular Democrat
and for his opponent, the least popular Repub-
lican, was only 500 votes, not enough to bear
much strain. Mr. Toole has been in office TWO
weeks. but he has already assumed the functions
of dictator, and has committed acts so utterly
beyond his authority as TO Justify the House OF
Representatives Of Montana in impeachment pro-
ceedines. This course would be futile, for Gov
ernor Toole is acting under party orders and
the State Senate is equally divided as to parties,
but the Governor will find that the office or
dictator is as offensive in the Rocky Mountains
as it would be within sight Of Bunker Hill.
The election of October took place under the
authority of the Enabling Act of Congress and
in accordance with the provisions Of an ordl-
nance passed by the late Constitutional Con-
vention of Montana. That ordinance created
the Territorial Governor, Secretary and Che1
Justice a Board of Canvassers TO canvass the
returns of the election, as certified to them by
the county boards and to declare the result as
to the Constitution, the Congressman the state
officers and the Legislative Assembly. 1t is
from this Board that Governor Toole received
the certificate of election by which he holds his
Office. From this Board, too, thirty Republi-
F., no,o hold G.
sions as members of the House of Representa-
tives, and eight Republicans and eight Demo
Gratis hold commissions as State Senators. In
the House delegation from Silver Bow County
however, there is contest, and the politlcal
character of the House depends on its deter
mnation. The State canvassers, acting on the
returns furnished them by the Silver Bow
County canvaSsers, issued certificates 10 inc
Republican claimants Under the law, each
county clerk issues certificates to the county
officers and the county clerk of Silver Bow is
Democrat. He has supplied the Democratic
claimants with certificates.
And now Governor Toole steps in. He is
sues, as directed by the Constitutional Conven-
ton, proclamation calling together the Legis-
lature and Just before it meets he takes forcible
possession of the courthouse in Helena, arms
it with sentries declares it by proclamation the
only place where the Legislature may meet, and
that the only persons who will be permitted to
enter it are those bearing certificates Of their
election from county clerks. He has as much
right thus to undertake to define the Legis-
Iature's membership as has the Arcoon of Swat.
That he should designate the place in which as
well as the time when the Legislature should
meet was proper and right, but in undertaking
to determine which Of the conflicting certificates
should entitle it's holder to his seat, and who
should enter and who stay out Of piece OF
public real estate owned by Lewis and Clarke
County, Governor Toole has been guilty of
unwarranted usurpations As the result of
this, two Houses are now in session in Helena,
and soon perhaps, two Senates will be. 1t will
be poor satisfaction to Governor Toole to see
the laws passed by his "rump' concern disre-
garded by the State Supreme Court, and the So
called United States Senators elected by it sent
away from the Senate with contempt. Yet this
is the only satisfaction he will ever get. His
partisan conduct has alOldy cost him public re-
spect in Montana to a great degree, and if he
persists in it, he will be sure to get himself
and the people into serious trouble. Under the
Montana law the first Judge of a claim to a seat
in the Legislature is the State Board of Can
vassers. The second and ultimate judge is the
Legislature itself and the Governor has neither
a duty to perform nor a responsibility to bear In
connection with the matter