The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-01-14

to the judiciary committee.
Miss Kate Gray was appointed clerk Of
the Judiciary committee yesterday. The
Of Captain Owens as night
watchman was received and accepted by
the house upon the recommendation of the
committee composed of Representatives
Poole, Day and Tuohy. It appears that the
captain objected to cleaning the c%uspidores,
which work was performed by the night
watchman last year. To fill the vacancy
caused by tho captains resignation two
nominations were made. Mr.. Day pro
rows nominated Morgan Sherman. q col
ored man, who served as night watchman
during the session of the house last year.
Mr.. Sherman was elected by q vote OF ~
to 8.
There has been considerable talk about
the lack Of business In our Legislature.
Speaker Comfy says that in his legislative
experience he never saw so much work done
in the first weeks session of the house.
Not only has the organization been thor
soughly completed. but bills have gone to
the committees and the rules have been
established. No delay or friction mas OC-
Cured at any time, even when the house
was out Of permanent quarters. Speaker
Comfy says that remarkable progress has
remembers one legislature when the organi.
zation of the house WAS not completed until
three weeks after the opening.
Mr.. Franks bill, introduced yesterday
morning, provides for the creation Of sddi-
tional district judges in the First and Sec
and ;,Isusn1 IicNviCta Cuh}Oh NnynnrIaQ Hill
YER Bow and Lewis and Clarke counties. 1t
also provides that the business Of the court
shall be divided in two departments. The
jurisdiction Of the judges in each depart
ment shall be concurrent and they may in
all matters agree between themselves n
interchange with one another. In murder
cases and in civil cases of unusual impor-
lance the Judges in the district may sit to-
gether upon the trial or hearing of such
cases, but the rulings Of the judges regular
~ presiding in the department in which
such Judges may sit shall be the rulings Of
the court. It shall be the d1ty of the SEN
Tor Judge to equally apportion the work:
| The bill also provides for the appointment
of an additional stenographer for each dis
trict, to be made by the judges, 80 that each
Judge shall appoint one stenographer. The
judges to be appointed shall hold Office I'M
til the first Monday in January, 1888, but
their successors shall be elected to be held
at the election of November, 1892. The
| will be $500. The bill will undoubtedly
be passed, as there is more than enough
evidence that the work is now by far too
great for the judges in the counties re-
ferred to-.
Mr.. Wallace's bill on executions is that
section 3l2 of the first division of the COM
piled statutes be amended to read as fol-
lows: All judgments are hereby declared
to be im%perishable and the party in whose
favor the Judgment is given may at any
time within five years after the entry there
of, IF his wi motion, issue an original
writ of execution for its enforcement, and
if such original writ shall have been SO
issued by him within the time aforesaid
and returned unsatisfed in whole or in
part, he may at any time thereafter, and
likewise OF his " motion. issue for the
enforcement of the same.
The leading subject of conversation dur
ing the recess hours of the house yesterday
morning was an article in the Sunday issue
of the Butte Mining journal, published BY
Hon. w. j. Penrose, of Silver Bow county.
The article was headed a "base deserter,"
and runs as follows:
"Are there any traitors in the democratic
ranks? This is the query that is now agi-
tating the democrats from all sections, n
it is suggested by the curious action of II.
l.. Frank in DESERVING his post as n member
of the house of representatives before the
body had fairly organized. There is ONE
thing remarkable in this procedure upon
the part of Mr.. Frank. He may have had
| an honest object, or he may have had an
Interior one, but no matter which, he
should nave remained at his post. The
period was a critical one for the democracy.
The voters Of the party in Butte n Silver
one occasion. His majority in this county
was a proof of the confdence they had in
him. This being the case, even at a. per-
sonal sacrifice he should have re-
NAMED at his post of duty. 1t
was not too much to ask OF him.
business interests was as important as those
of Mr.. Frank, yet they made them second
ary and remained to fight the battle The
intimate relations that exist between Mr..
Frank n leading republicans is we'll
known. Could they have had any effect
upon his conduct in leaving his colleagues
in the trying moment? To say the least of
it. he has laid himself open to very grave
suspicion, and an explanation is in order.
There is no room in the democratic ranks
to-day for men who are afraid to face the
music and who offer paltry excuses or no
excuses at all for going to the rear when
the battle is raging. Mr.. Frank may not
be a coward, but if he is not he is worse; he
is a deserter."
On Friday morning Mr.. Frank asked for
and obtained leave of absence from the
house until Monday, as he had business OF
some importance to look after in Butte.
Other members of the house obtained like
permission, as it was understood that the
house would adjourn over until Monday.
MI, Frank was in his seat ms usual on Mon
day. Yesterday he introduced the follow
ing resolution which WAS adopted on mo-
ton Of Mr.. Penrose. and a committee con-
slsting of Representatives Humber, Beach
mt Hogan was appointed to DOL into the
matter. The resolution reads:
Whereas. There has appeared and been
Published in the Butte Mining Journal OF
date January II, 1891, a certain article en-
titled "A Base Deserter, = charging a mem
Der OF this honorable body with desertion
or intended desertion of this house and
intentional failure to perform the sworn
duties of his Office in this body; and
Whereas. The journal IN question in
which said article appeared pur-
ports to bs published Wednesdays and
Sundays by w. J. Penrose, also q member
of this honorable body; and
Whereas, The charges and accusations in
said article set forth concern a member in
the discharge of his official duties. and on
their own face appear to have also been
made by a member; and