Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1890-01-30
PRICE FIVE CENTS.

ihe i'ei'as auobRPs VI tuie tueDfy
need not be fuither traced. IL de.
s'roys Itself by its inherent fallacy,
without the iorce OF the authori lee
above quo' d 70 the contr ,ry.
The constitutional convention was
authorized by act Of congress TO mskv
provision "by ordinance" for the elec-
ton of Off ers for full state govern
Dent.
In the body of the constitution at
sec. IL, schedule, the state iiic-T. To
he duly elected and qualified ~ pro-
vided by ordInanc are referred 10.
The ordinance wss framed and adept
d by the convention, promulgated tn
The people, aud by them ratified
Thr provisions o. The constitution
ahd orIiusncr felst ny 10 carrying out
the eer'ioD, TO set IN motion the rtate
government, wes Intended for iInme-
diatc execution with n q sh, ri lime
after he cor stilu,i0I wes framed. The
PLAIN intent OF tin. convention when
framing Ord. No. =, j. shown in the
prrvlsi ~ divnaInJ the state, lei i~ia-
tive III d district oiiic. r. into one cIa-r,
ami directing that the returns of the
-le,'tiun of thee ufiicrr. should be
msde 10 the secretary of the ierritury
and canvrss.d IN the same manner
aud hy the sane Hard as the vote
upon the constitution. Anf IN the 9Th
InIa. rsph of that ordinance the el.c-
tion 1T county and township officers
WIS provided for. ard the 10th pro-
vidos that the VOTES for the above
county and township Officers. end for
clerk Of the d,stric rou,t. -ba u. re-.
turned snd canvp-sed as l. provided
by law.
The effect CT the ordinance upon the
statute il To change snd mOoify its
provI.iGns 30 far ~ il Necessary to
give the provisions Of the ordinance
foil scope and effect. Ii follows that
-rlstnr's ceriifirat- ~ election eman-
a'e- from the legally con.tltut-d cam
vassing hoard aud will lie ad 1litted 10
This action ~ prlms f,ci- ev drnce Of
his election the office 10 due-ti, n.
The facts of attendance up"n s.s-
sions Of the house. and ~ TO distsace
travelled are asserted by the affidavit
Of the relator and admitted by the
verified answer of respondent. No
question has been raised upon these
matters, spt fo,tn in REALTORS affidavit.
The constitution Of the slate fixes
the amount Of compensation ut six
dollars for each days attendance and
twenty cents per mile for each mile
neces-ari y travelled, by the nearest
uruslly travelled route In going to the
seat OF government from The nember's
r"ideuce and returning theretn. And
the relafor's claim conforms to these
prescribed rates.
1t remains 10 be determined wbethp
the law enjolns upon the state audi
tor the du,y of auditing and settling
said claim and Issuing TO the ielator
certificate thereof. Sec. l2l, Fifth
Div., Comp. Statutes, provides: "he
snail audit all claims against the treas.
ury, and when the law r,eognizss q
cain, but no appropriation hiss heen
made therefor, shall settle the claim
aud give the claimant n certificate
thereof. and report the same TO the
legislative assembly"
This provision Of the statute should
he considered in connection with sec.
- of art. of the constitution, which
section provides ss follow:
Sec. 20. The governor, s.cretar Of
state and attorney general shall crn-
stiiute board rf ate prison commits
sioDers, which hoard shall have such
supervision Of sll matters connected
with the state prisons as be pr'.crIbsd d
by law. They shall constitute q bos,d
OF examiners, with power tn "xpmin-
81 Chains sga'nst the STATE, Ike 1T sal.
aries or compensation OF officers liked
by law, ard perform such o ip' duties
IS may be prescribed by Law. Aud no
claim sgaiDst the state, except for sal.
aries and compensation of officers fixed
by law, shall be passed upon by the
legislative assembly without fret hav-
ing been considered and acted upon
by said board.
The section Of the statute above
quoted provides that the auditor
'sball audit all claims against the
treasury and when the Law recognizes
the claim, but no appropriation hiss
been made therefor, shall settle the
claim and give the claimant certifi-
cate thereof, and report the ssme to
the legislative assembly," The con-
siitution has created board Of exam
liners, with power TO exsmine all
claims sgainst the state, except SAL
aries and compensation of officers
fixed by law. and provides that mo
claims against the state, excert for
salaries and compensation Of officers
fixed by law, shall be psssed upon by
the legislative assembly without frst
having been considered and acted
upon by sai board"
| The salaries or compensation Of
officers fixed by law being expressly In
all cases excepted by the provision OF
the Constitution, from the action Of
sajd bosri of examIrep, the duty ~
the state auditr, under the statute. y
clear ~ TO the relator's claims. No
other clsse Of claim szsipst the state 10
presented In this action than the COM
pensation nj IN ON er fixed BY lav.
However, it h deemed proper 10 COZ
slider the statutory and cons,itutlonal
provisions toge' her, so that no missp-
prebepsion will arise ~ todecisi.
herein. r..
The relator ssks that his clslm
against the state for com pensation for
services % member OF the houss Of
representatives of the legislative
assembly Of this stste for dny-f6uv
days atteudrn,e at the sessions u
that body, together with mileage for
seventy-flve miles Travelled by the
pesrest vsuslly Travelled route frnm
his residence 10 that wssmb'y, af the
rate fixed nv Law. ntoou !. t,uo IN thr~.