The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1890-04-17
The Montana Case

The question of seating senators for
this new State has been under discussion
In the United States Senate. We use a
brief review OF the facts as appears in
the Portland Advertiser of Saturday last.
1t is short but comprehensive.
The question of control Of the Montana
legislature turned upon the question
which of two sets of five men each claim
ing to be the representatives from Silver
Bow county, was lawfully elected. The
Republican claimants had been declared
elected and had been certified by the Ter
ritorial canvassing board, and held certi-
hcates signed by the governor and secre-
tary Of state. The Democratic claimants
had certificates signed by the county
clerks. Leaving out these there were 20
Republicans and "a Democrats indisputa-
bly, elected. 1t appears that the Terri
torial canvassers, on meeting at the time
required by law to make the final declars-
ton of returns made to them by the
county boards, found no duly certified re-
turn of Silver Bow county, but instead a
statement by the clerk that the board had
determined to reject the vote of precinct
"a on the ground of illegality and fraud,
and had been Interrupted by q writ from
the local court commanding the board to
include precinct "a. The order was car
ried out after the Territorial board had
adjourned an appeal having been taken In
the meantime. Before it adjourned.
however the board completed its work,
and acting on the county clerks certii
cate, had rejected precinct "a, canvassed
the rest of the county, and accordingly
declared the result to be the election of
the Republican candidates. This trouble
some precinct "a was In camp of rail-
road laborers, and ia votes were cast.
all but three being Democratic. 1t was
ascertained quite beyond doubt that a
considerable proportion of these men
were aliens who had no right to vote, and
there were so msny other evidences of
irregularity that the county canvassers
felt bound to cast out the precinct and
would have done so but for the Interior
ence Of the local judge, himself Demo-
crat and a candidate for office. On the
day after the Territorial canvass was de
clared Montana was proclaimed State.
The new governor duly convened the leg
stature, but by plain usurpation of au-
thority designated the place where it
should meet aud directed that only those
legislators holding certificates from the
county clerks should be admitted. The
Democratic members held the county GER
tiflcates, but the Republicans deemed that
they did not need these as they had Gre
dentials from the ultimate canvassing
board and from the Territorial governor.
The result was that two Houses were or
ganized, the Democratic House meeting
in the place designated by the State gov
ernor and including five Democratic clai-
mants from Silver Bow and the Republi-
can Representatives meeting at hall of
their own choosing and having with them
the Republicans from Silver Bow. The
Senate was organized by the Republicans
without much difficulty, but when it came
to choosing United States Senators the
Democratic House and the Democratic
Senators united and elected one set, and
the Republicans elected another. Later,
when II appeared that the Republicans
might after all win through parliamenta-
ry tactics. the Democratic Senators fed
in hodv from the State. The question
which Of these sets was rghtfully elected
Silver Bow was elected. If any doubt
remained upon that point 1t should be set
to rest by decision Of the Montana su.
preme court. A member from Silver
Bow having brought suit for pay for his
service as legislator, tie court decided
that as his certificate of election emanat-
ed from the legally constituted canvass
ing board and accredited by the COVER
nor, 1t was primd facie evidence of his
RIGHT n TIM nftlco