St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-29
DEMOCRACY OOWNED.
Montana Supreme Court Sus-
tains the Validity Of State
Board Certificates.
This Gives Republicans Con-
troll Of Both Branches Of
the Legislature.
Huronians Hot in the Collar
Over False Reports Of
Destitution.
Novel Method of Announcing
the Prosperity Of the Ze-
NTH City.

Special to the Globe.
HELENA, Mont, Jan. 2s.-The su-
preme court hanoed down its decision
to-day in the case of W. Ii. Thompson
against Auditor Kinney, involving the
question OF the validity of state canvass
ing board certificates. Thompson is one
OF the Republican members from Silver
Bow county who claimed his seat by
the rejection of the vote cast in
the HOmestake Tunnel precinct. Heap
piled to the supreme court for writ of
mandamus to compel Auditor Kennedy
to issue to him warrant for salary and
mileage as member of the legislature.
The auditor refused Thompson's appli-
cation for pay on the following
grounds: First, that there was no ap-
preparation out of which to pay
him. Second, that his seat was con-
tested, as was also the legality
OF the body of which he was member.
Referring to the claim, Auditor Henney
said that it was the duty of county
clerks to issue certificates of election to
members of the legislature. and that
they are the only legal evidences of
election. The supreme court in its de-
cision rendered to-day holds that the
claim is untenable. That Ordinance No.
nf the state constitution requires
that the returns of election
for the adoption or rejection of the con-
stitution shall be made to the secretary
of the territory, who, with the governor
and the chief justice of the territory, or
any two of them, shall constitute board
of canvassers, who shall meet at the Of
flee of the secretary of the territory on or
before the thirtieth day after election
and canvass the
VOTES so CAST
ami declare the result. The same ordi-
nance provides THAT the votes for all
the state officers, members of the legiS-
latlve assembly and district judges
shall be returned and canvassed in the
same manner and by the same board
as the vote upon the constitution"
The court holds that the old law
which requires county clerks to issue
certificates was rendered void by the
sections OF the ordinance quoted above.
1t had been contended by Auditor Ken
ney'S counsel that the ordinances
framed by the constitutional convention
were not part of that instrument, and
ect of constitutional provisions.
The writ was granted and the
decision was received with good deal of
satisfaction by the Republicans, while
its PRONUNCIATION did not appear to dis
turb the Democrats. The concensus
of opinion of the Democratic
members or the legislature as to
the effect of the decision is that its
only result is to give Thompson and the
other Republican contestants, their sal
ary and mileage, and that 1t will be of
principal use to Sanders and Power in
their contest before the United States
senate. They say they will pay no at
tention to the decision of the supreme
court. but will keep up the organiza-
ton of the Democratic house of repre-
Sentatives.
DATE OF THE HEARING.
WASHINGTON, Jan. 2S.-The senate
committee on privileges and elections
to-day took up the Montana senatorial
election contest, but did nothing more
than to set it down for a hearing Satur-
day, Feb. Is. Messrs. Clark and Magin-
mis-, the Democratic senators-elect, were
present to hear the determination of the
committee.