New-York tribune., 1890-04-14

Democrats to the House, and the Legislature on
joint ballot would be DEMOCRATIC: but II II was
not admitted or counted Silver Bow would send
five Democrats and five Republicans 10 the House
and the Legislature would he Republican on )olnt
ballot The situation was therefore, hlg.N
Nitical, and the party managers on pom s,urS nur
hurried into Butte City to defend their con-
hicting interests ~
The County Board of Canvassers in Silver Bow
contained Republican nlaJ0iliy; II was 'rd hd.rd
upon them by the Republicans that they shoaiu
rot count the return from Precinct NO. o'' ,rT re
cause il was in no sense legal return. IIe
Democrats replied that they o,o hon %HE Mout "ii dis
cretion. The Board admitted tnat thcI '.mc .Ln.
ton purely ministerial but ssscrieu .a, .l'%,
they not required to count any 1%Iihs % ''G,
might be handed in 10 them mercy because IL
was labelled a return. The law. thcy sai"' "'-
fined return. stating explicitly how II was 10
he prepared and made out These conditions were
almost entirely ignored IN the paper pi's'lVu
by the inspectors Of Precinct Nc. -. me pdpci
was not signed by the five INSPECTORS; pnl py ohiy
two il was not written by inc cierk' put ~ an an
inspector; ii had rot been mace up from V9'es
counted in the presence Of the public, buf had
been prepared in secret the most ina, co9in ne
said for II was that it looked more or less like a
return. but undcniably il lacked all the essentials
of valid and legal document Upon thc whoie,
therefore, they declined TO count IT, and they ior-
warded their rcpor; to the State Board Of Can
at Helena, emitting it. and showing the
election to the House from Silver Bow OF hVe
Democrats and five Republicans.
The Democratic managers Immediately went
before a Democratic Territorial, Judge and got ont
q writ of mandamns, requiring the County Board
10 show cause Why they should not he compelled
TO send III an amended report, including me re re-
jccted returns This move caused the Repuhl-
cans TO make all possible haste to secure the
Tcrritory's admission They were quite sure that
Judge DeWolfe would grant the mandamus. Be
fore he could do it, or. at least. before his man.
date could work its effect. they determined 10 get
the Territory admitted so that he, as Territorial
officer. would 10 exist Accordingly. they
hurried up the gathering Of the returns and in
few days the State canvassers had their report
ready. This boaSsl was composed OF nc Ierr,
torial Governor the Secretary and the Chief
Justice-al Republicans. II had two duties TO
perform. The first. imposed upon il by Congress-
was the duty of counting the votes cast for and
against the Constitution and of certifying The re-
suit TO the President The second. imposed by
the Constitutional Convention, was the duty OF
counting the votes for all the new state officers
The ordinance containing this direction mentioned
each officer TO he thus counted and Included mem
bers of the Legislature. The State Board as soon
its returns were in, promptly proceeded 10
10 the successful candidates. such oertihcatcS
were only issued 10 the five Republicans and five
Democrats of Silver Bow. The result of the vote
upon the Constitution was forwarded 10 the Pres-
dent, and upon its receipt he admitted Montana
TO the Union Meanwhile judge DeWoltG had
been hearing the mandamus proceeding. lie hur-
ried it as quickly he could and delivered his de-
cision granting the order. Beiore ii could ne cN-
ecuted. however. the procamation of admission
issued and Judge DeWolfe ceased 10 possess
tie powers of court. The Republicans had won :.
Their opponents, however, did not yet abandon
the battle The County Clerk of Silver Bow was
a Democrat, and acting under an old Territorial
statute. he issued certificates of election 70 the
five excluded Democrats. This utterly lawless
proceeding, for the statute in question had been
distinctly abrogated by the Constitutional Con-
vcntions ordinance, resulted in the assembling
in Helena of two houses one composed of all The
Republicans and the other of all the Democrats.
Both passed laws and BOTH joined by their party
Senators, elected persons 10 the United States
Senate. But only the laws passed by the Re-
publican House were acted upon by the state
Senate. The Democratic House was denounced
by the State Supreme Court as lawlcss BODY.
The Republican Legislature thus became in the
State the legal Legislature. and its acts are 70
day valid and recognized as such by the people
and the courts Ii is upon these facts that the
Senate Committee on Elections has decided TO
give the Republican claimants their seats IN me
National Senate. II is this array of facts that
Democratic Senators are dstOrting in their frantc
endeayor 10 make noltical canital.