The new North-west., 1891-01-09

Principally Devoted to tho Legislative Com
plication.
Correspondence New North West.]

HELENA, Jan. Z, lS3l.-lhe Leglslature r
met in Helena at 10, noon, on Monday last' :
rs provided in the Constitution. The Sen ,,
ate convened on the first floor of Electric
Hall. The House convened on the second
floor of Electric Hall. 1t was called to
order by Auditor Kenncy, who appointed
a clerk pro ten and called the roll Of coun-
ties. All the Republican members but
Bray were present-twcnty- in all,
constituting Il quorum, and the oath of
office was then administered to them by
Judge Dewitt. These members MI hold
certificates from the State Canvassing
Board. The Halls We're those rented and
furnished by the Governor and State Treas
r1rer for the purposes of the Legislature.
No Democratic Representatives partici- J
patcd in this latter organization. Under
the decision of caucus held by them on
Sunday, twenty -four of them holding State
Canvassing Board certificates, or entitled
to hold them, with the contesting members
from Silver Bow holding County Clerk
certificates, assembled at 12 noon, at Web
stcr Hall, and proceeded to organize them
selves into what they are pleased to term
House" They were soon after "recog-
nizcd" by the SeuaA and Governor, and
the latter on yester&@ delivered to them,
in joint assembly, asaasazs gubernatorial mes
sage. We have therefore in session a
Senate and two bodies each claiming to be
the House. There can only be one legal
House. The place of assembly the tree
ognition" and the delivery Of the message
are all immaterial points in determining
which Of these bodies is the legal House
The Constitution referring to the House
and Senate says: Each House shall x * Is
s'iulge Of the elections, returns and quail
s'tications of its members" This is an in
controycrtiblc right. The Supreme Court
of Montana last winter, in the case known
as Thompson VS.. Kennev, in rendering
decision which has been loudly and loosely
inycighcd against but which is impregna-
bic, took extra care to specifically declare
and concede this. The Democrats there
fore adhcring to their claim of last winter,
in defiance Of the decision or the Supreme
Court that certificates from the State Can
vassing Board do constitute, and certiti-
Gates from the County Clerks do not con-
stitutc prima fitcie evidence of membership
in the Legislature, have jumped at the
conclusion that if they organized a House.
got themselves recognized by the Senate
and Governor, and enacted ostensible leg
islation, it would therefore be law; and
that if their cnactments were brought to
bar in court by a writ of mandate to com
pei some ottcerto perform functions there
under, the court would only inquire if the
journals Of the respective bodies showed
: the bills had been regularly passed and had
been properly signed by the Speaker, Pres
I, idcnt and Governor This is the usual
limit of judicial inquiry. and they cvi
: IDENTIFY believe the court will not go furthe,
f than this or they are trying to run a bluff
: They apparently propose, therefore, II
: entirely ignore the House proper and g
n on their way. They have made mistake
Y They have overlooked two important pues
tions. These are t,co bodies claiming to b'
. "thc House, Which is tie lcgal Honsc
: Who shaN det"rmine that question So ia
4 as have been able to ascertain, there ha
: never been u precedent i'll American his
h tory for this situation. All the decision
: upon which the Democrats base thei
: rt,>os >s.,.--- .h-s1rer- ---e,-- :=.'7--- Z
:. 4 body was conceded and the contests Were
d in regard to membership therein. The sit
y uation here is entirely different. The pri
# mary question is: Which is the House :
/ In the ahs-l,c Of decisions on the point
q .uctrngy on elections is the standard au
> thority, and I think it pertinent to her
d quote:
s It is to be observed in the outset ina
= where a number Of persons come together
. each claiming to be a member of 4 legisla
Il tive body, those persons who hold tn
Y usual credentials of membership are alon
q entitled to participate in the organization
For it is, as we have had occasion severa
. times to repeat, a we'll settled rule tina
v where there has been an authorized elec
r ton for an office, the certificate Of election
d which is sanctioned by law or usage, is tn
:, prim0 fucie written title to the Office
y Sec. 500, Herr rs. Trego, II Pa, State Rel
l. 292
The Supreme Court of Montana, in til
case of Thompson vs. kenney, decided tha
the certificates Of election from the Stat
Canvassing Board were the proper certif
. Gates of election and not those issued b
the County Clerks. The body purpcrtn
l. to be the Democratic House does not cor
is tain majority Of the members of tn
4 lower House holding these State certif
ic Gates; more than a majority Of the lowe
o. House, consisting Of Republican member
Il. do hold certificates from the State Car
n vassing Board.
10 Again we cite McCrary on election
:, See 514:
- In case of division of Il lcgislativ
= body that ought to be a unit, it become
n important to determine which is the leg;
Is and which the illegal assembly. In sue
o. case the true test is this: That is the leg.
- organization which has maintained tn
20 regular forms Of organization according
+, the laws and usages of the body, az, III Il
to absence of these, according to the law
II cnstnrss and usages of similar bodies
), like cases, or in analogy to them. TIL
~ rule affords the best possible test of legit
d mate organization.
he 1t Is provided in Sec 1920, compiled Law
n of Montana, 1887:
ch At the same time that is provided for tt
ID, Council being called to order, it shall
al the duty of the Territorial Auditor, and
- case of his absence or inability, then Il
~ oldest member present in the Hall Of tt
OF House Of Representatives, to call the pc
re sons elected to that body to order ar
nv appoint from those elected clerk pro te1
- The several counties and districts of tt
u Territory (now State) shall then be callt
OF over by the chairman in alphabetical ordc
al and as the names of the members ELECT q
he called they shall take the oath of ofll
:. prescribed by law.
nj Every essential requirement has ther
N fore been complied with by the Hou
nv assembling in Electric Hall, and the mel
ha bers are one and all equipped with Il
primn facie evidence of their electio
which the Supreme Court has decided
correct and proper, and which McCra
er says is necessary.
ar Now who shall decide as between the