Daily Yellowstone journal., 1890-01-19
A LEGAL QUESTION.
Solution Of the Deadlock can only
be b the Supreme Court. the
only yCompetentTribunal.
Number IS Throws Precinct "a
IN the Shade as to the Num-
Der of Illegal Votes.
In a Nut Shell.

Helena Herald: We always have
and still believe thst there Is way TO
settle the present legislative deailock !,
and that n settlement will come, he.
cause the interests of the state are such
% to demand il. and the voice Of the
psol le without distinction of party
will command It in way that connol
he disrrgarded.
There are but two points to be Sc
tied.
The fir-t is as to the prims ficie
right of those claiming TO pal t;cira'e
IN the Organization OF the house, and
secoud IS the action Of the house itself
to determine finally upon the merits
Of the case the election Of is own
members.
The fist point j. settled by deter
mining which set Of certificates, that
OF he state hoard Of caDvassers or that
Of the county clerks il he most re2u.
lar and gives the best prima iacie title.
And here let II he observed that Judge
DeWolf's decision does hot reach or
touch this part of the rase. He ONLY
decided that the democratic clsimants
were entitled to the county clerks
cs t'iificate Of ele"t'ol.
The republicans hold now es they
have always held, without an exceo-
tion, that the ordinance Of the corsti
tuition repeat. the law requiring county
clerks =, issue cer,Iicl'es OF election
to members Of tn legislature. That
question. which Is the first step to
wards a c,nsolidation OF the house,
hiss ro' been settled yet though p-s--
ly ty o thirds OF the session has gone
bv. The governor undeit Dok to decide
il at the start, bur having usurped nm
authority that did not belong to him,
the CT usequence was the split that r. 9
continued down to the present time.
1t will he seen without any prea
amount Of legal knowledge being
requisite thereto, that this il purely q
legal question whether the ordinan ;
repeals the legislative statute. Both
cannot he in force and be reconclled.
If the state board had the right I,
issue certificates of election to mer
hers OF the legislature, these ceriifi
Gates are the best and should deter
mine who were to participate in th'
orget izition Of the house.
Az legal question the suprem,
court Of the state il the only compC
tent tribunal {, settle The conflict, aud
its decision should be sought and III
must abide by IL. Compromise ba
exhausted itself and accomplished
nothing. Let the cou'i settle IL aud
its decision will stand.
As to the ultimate right Of conflict
ing claimants to seats. there IL bu
one tribunal known {, the law. and
that Ia the one pro vided by the cons,i
tuiion-the house itself, not the sena' =
not committee of the two houses
for the law and the constitution Know
but one house. IL must be q commit
tee of single house duly constituted
All talk of an vestleation by any
other committee is idle aud mere
child's play. We have had enough o
Ibis sort Of play. Now let US go T.
work as we ought to have begun, fnl
lowing the liues of the law, 2, wh'cl
all must subscribe, whether willing o
not.
II the supreme court holds as w
think II must, that the decision of tn
state cspvassers gives the best primi
: facje rights 10 seats In the house, To
!, republican house will stand as tn
7. only legally organized house, and tn
democratic organ 'zstion perfected onl.
BY including five representative
, without prims rs"ie rigt to seats vii
: fall to pieces ss one organised witbou
; ; quorum.
There Is no other way out Of tn
muddle. aud tfis is the only line oI
which effort should te concentrated
spdoning all other propositions {
!, compromise.