Daily Yellowstone journal., 1890-11-16
THE LEGISLATURES

The question of how the coming
legislature is to be organized, subject
which this paper treated at length q
few days ago. 10 beginning to excite
the comment of the press throughout
the state. A very clear view of the
situation is presented In the following
article which We clip from the New
Northwest.
II .oots now that the Montana SEN
ale will stand ten democrats and six
republicans. Mr.. Kempaud is FL, cted
Joint representative from Dear Ledge
aud Beavernead counties, and the
apparent IN. mbership of the House is
30 lepuu lics Ms and 25 democrats.
What mex? Section 9of the consti
tuition providts that
The eIate shall, at The beginning
and close # each regular session, aud
at sucn o ner ,imes as may be necess-
Ary. ,l,c' one OF lis members president
mo TEN ore. The house of represent
tatives hall elect one of it, members
speaker. Each house shall emo, Sc its
other iiic.rs, and shall Judge of the
elections, returns and qualifications OF
ats mt nbeis.n
Several questions pr sent themselves.
Is this the second legislative assembly
of Montana, or the second session of
the ilfst legislative assembly,? Will
the secretary Of state call the roll OF
senators auu the state auditor cali the
roil OF members Of the house? Or, will
the hoid-over chief clerks of the re-
spective bodies perform that duty?
Lat winner there was the house,
which passed upon the elections.
returns and qu ilifications" of its
members, WAS recognized as legally
constituted and coordinate branch
oy the seE ate, aud indirectly by the
supreme court of the stale. II was
fully organized, acted with the senate
in the election of U s. senators and
passed bills which were acted upon by
the senate. 1t was presided over by
Speaker Witter. The democrtic
members absented themselves from
this body.
Tnen there was the ostensible house,
composed of these democrats entitled
to seats who absented themselves from
the legally constituted body, and the
Ave democrats from Silver Bow who
ntd no certificates from the state can
vacsing board, but who claimed seats
under certificates issued by the clerk
OF Silver Bow county. This body
went through the form of organization,
slec,ing Mr.. Baker speaker, but was
not recognized by the senate.
1t seems probable the senate will be
organized, or resume, without any
difficulty, and that there will be a
democratic majority. Now, which of
the bodies claiming to be the house
will the senate recogniz1? On this
question hinges many things Of inn
portsnce. 1t is true the day Of deter.
m!natioD In lot yet upon "a, but the
day Ia approacbl Dg, The issue must
come ana must I've met, and 1t 10 well
to begin considering 1t and what it
involves. As yet no one seems to
have given 1t careful examination, II
any. Even the question whether this
will be the second legislative assembly
or the sec nd session Of the first legis-
lative assembly, seems unco sidered.
But, the section Of the constitution
above quote is doubtless copied from
pretation there given to IL. and the
practice under il, will be a precedent
for Montana. Again. that portion Of
the section rrerring to the choosing
of officers OF the house, is not as
explicit a. 1t is In relation 10 the
senate, and will probably y be controlled
ty Interpretation and practice else
where.
Let us assume, however, what may
be entertained by some, tina, this il
the sec0n nd session o! the first lepisla-
tive assembly; that the organizations
continue, and the chief clerk of the
Blakely organization shall call the
names of the five pc ons from Silver
Bow holding certificates from the
clerk Of that county, which would
give them y quorum, and that they
should be finally seated a. members.
To do this, the five members from
Silver Bow holding certificates from
the state canvassing board, the strong.
cot prima facia evidence of member
ship sustaihd indirectly py decision of
the highest court having jurisdiction,
would necessarily have 70 be rejected.
IL then the senate shall recognize
this body, 10 II fair to presume that the
legislation emanating from those bod
les will 90 uncontested? And II thrown
Into court and carried to the supreme
court OF the state, could that court
consistently, with Ito decisions In the
precirct "a case, recognize o. legal a
legislature, members of which held
their seats by virue Of alleged votes
cast At n precinct, the purpor.?d re-
turns of which that very court had
pronounced fraudulent? II, on these
grounds, IL should decide against the
legality of one act of the legislature,
would not all Legislation Of the session
tail for the same cause? For, In all
probability, before the decision will
have been reached, the sixty days
Limitation OF the session will have ex.
pired and Montana will be without
isgislatioh.
II, however, the house is organized
with the members holding certificates