Daily Yellowstone journal., 1889-12-20
GOV. T00LE,
Fearful that his Proclamation
may have been Misunderstood,
Endeavors to Square Himself
in a Proclamation.
A Brutal Prize Fight in Butte
Results I'm the Death of one
of the Participants.
AN EXECUTIVE OPINION.
What Gov. Toole THINKS Of the Legislative
situation.

From the extremely lengthy docu-
ment known as Gov. Toole's first mes-
cage. we repr ut the concluding para
raphs referring to the political situa-
tiOn, from which IL will be seen that
our chief xecutlve Is not quite salts
fled with the apology made for him by
Clark, Maginnis ct al in the matter Of
the proclamation, but takes this OPP
portunity" 10 apologize a little him.
self:
Two bodies are now sitting, each
claiming 10 be the legal house Of rep
reseutatives; one assembled is sitting
in the place designated by the execu-
tive for that purpose, the other assem-
bled in place designated by the state
auditor, and is now sitting in another
place of its own choosing. This condi-
tion Of affairs has prevailed for more
Than three weeks. Ii is born of i'm.
pu Sc, passion has had time to cool,
and returning reason ought TO assert
itself. 1t Is high time that personal
ambition should be suhOrdinated TO
patriotism and the VIII, els If govern
ment permitted to roll. Itis to be re-
gretted that the body wrongfully
assuming TO be the house Of represent
atives, and who met in the plaUe des-
ignated by the auditor, misinterpreted
the proclamation of the executive as
well as the letter Of instruction 10
Captain Smith, as claimed by the re-
port adopted aud promulgated by its
committee. Fully appreciating the
wise distinction between the execu-
tive aud the legislative departments OF
1 the government, aud the indeper'
dence of each as contemplated by the
constitution. aud desiring Ia be fairly
considered by my couptrymen, honor
bids NE forget pride a.d admonishes
me not 10 conclude this mt ssage with
out putting on perpetual record a sol'
emn and public refutaiion of the
charge that the governor by his proc
lamation or Otherwise, at the time il
WAS issued, or at any other time, evei
intended To interfere with the right oI
any person claiming TO he member OF
Of the house of representatives TO his
seat, or that il was the intention OF
the said John Smith, until after the
temporary organization Of the house
OF representatives aud by virtue Of his
control of The room In which the
peoples representatives were to assem-
ble TO dictate who would sntel
therein
"While the constitution provides
THAT the supreme executive power o
the state shall be vested In the Cover
nor, who shall see that that the laws
are faithfully executed, no authority
was ever assumed except to declare
the law in the hope that these per-
sous " no had the proper certificates o
election would advise those who die
n,t to r, frain from participation in th,
organization Of the house. The fact
disclosed in the reclamation justified
the executive at that time, in the hops
that such course would be pursued
that no intlmation was ever giver
thst force would be employed to tbs
end. In the light Of the past IL is pos
sible that the language Of the procla
nation may have led dsome honest mer
to believe that the executive wa
wrongfully encroaching upon ibe leg
islative branch Of the government, bu
conscious of the fact that no such pur'
pose was intended, call upon thos'
recalcitrant members who claim e
have been mlsled by the governor, Il
stand not upon matter Of punctilli'
in the presence Of such threatening
danger to the state, but to join will
their colleagues in the transaction o
the public business.
"Of course there can be but on'
houss of representatives. No legisla
ton can be. bad until that point is set
tied and acquiesced In by the senate
and the executive. Let us hope tha
your wisdom may provide a speedy
and satisfactory solution Cf the pend
ing difficulties. Every consideration
demands an amicable adjustment, !
such a thing Is possible, and i earnest
ly hope for such result. But as Inn
portant as this session has been showr
to be, Il is better that II should laps
and all legislation fail, than that th'
principles upon which our govern