Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1890-01-29
COMING OUR WAY.
The Supreme Court Decides that
the Republican Side ofthe Leg
islature is the Legal One.
In the District Court Brazier Gets
Ten Years for the Killing
Of Harry Brown.
HURRAH FOR OUR SIDE.
The Supreme Court Decides I'm Favor Of
Stat. Certificates
HURRAH FOR OUR SIDE.
The supreme Court Decides I'm Favor Of
State Certificates

The Supreme Court Decides I'm Favor Of
Stat. Certificates
HELENA, Jan. ESPECIAL to YEL-
IowsToNE JoURNAL.l-The supreme
court Of the state of Montana handed
down decision in the Thompson
msndsmus case to-day, which affirms
the validity Of state certificates Of elec
ton and renders the position Of the
rppnblicans in the legislature unsssail'
able. Full teyt of decision by mail.
The action of the supreme court AZ
above set forth, Is what has been pa
tiently waited for as the only means OF
autboritstivelv settling the legislative
muddle by saying which OF the men,
bars Of the legislature had priua facie
rights TO seats therein. The affirma.
ton of the validity Of certificates OF
election Issued bv the state board oi
canvassers decides the mooted point
and relegates hose claiming seats un-
der and by virtue of county clerks
certificates only. to the attitude nj
contestants. Gov. Toole in his much
to he lsmented proclamation Issued the
day prior to the assembly of the leQis-
lsture. declared positively that none
but those holding certificates from
county clerks would he recognized as
members of either body, but there has,
ever since that event, been lingering
doubt In the minds of the community
that bis excellency was governed more
by parti-anship than the sound
knowledge Of law he ia believed IL
possess. In .be utterance of this lam
Gus dictum, and that Ordinance No.
provided for by the enabling act and
ratified at the same time the c,nstitu.
tion WAS, be ,ame operative upon it,
adoption by the people which was
sfier six o'clock Of October lst., 1859.
This ordinance framed by a conven-
tion which was democratic MS to its
majority, created state board Of can
vasser., and among other powers and
duties empowered, authorized and d.
rected them to canvass the vote OF the
several counties as to mem bers Of the
legislature. and 10 declare the result.
Aud to make their duties more clear,
the twelfth and last section Of the crdi.
nance set forth:
That the provisions OF this or n.
nance shall apply only to the election
and In the officers elected on the first
Tuesday Of October, 1889.
II Is difficult to conceive how any
other construction could be put upon
this ordiosnce than that 1t vested the
state b,ard OF canvassers with the
right to issue certificates of election to
those persons whom they ascertained,
from canvass Of the returns of the
several couLtles, 10 be elected mem
bers Of the legislature, but events an
shaped themselves that 1t was not
good democratic politics to go construe
II. and our democratic governor. who
Lad no moe 10 say In the matter than
any pri rate citizen, threw himself In
the breach, and issued his proclama.
ton which subverted law to partisan
clamo-, and rendered .,ossible the leg
islative muddle that has disgraced our
state. Over two months Of invaluable
time has been frittered away by this
absurd and unwarranied act. but hap.
PLY the end has been reached. and the
short time yet left to the legislature.
the imrerstive needs Of legislation
may yet he accomplished.
The effect ~ this decision will be 10
afYirm the republican lower house a.
the legal house OF representatives aud
IN constitute the five gentlemen from
Silver Bow who have no credentials
but county clerks certificates, contest.
ants for their seats pending an investi-
cation Of the vote at the Tunnel pre-
cluct. 1t Is now possible to appoint
an investigating committee for this
precinct that can investigate; that will
be clothed with the power requisite to
compel the attendance Of witnesses
and require Of them the testimony
they hav to give, and at no stage Of
the proceedings prior 10 this time has
this been possible. What effect the
decision will have upon the election Of
the the two republican senators. II 10
not for us to say. From the fact that
since It's organization. the republican
house has been the only legal house. II
may confirm Nil the acts Of that house,
whIch II would not be unreasonable
TO expect. The possibility cf there
II I'D. |... .. . |...... II.