The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-11
BLAKE IS ELIMINATED.
Ne Goes Out of Office Just as Soon
as Judge Pemberton
Qualities.
The Constitution Don't Give Him
Until the First Monday In
January.
His Term was Limited to "the General
Election In 1902" and tho Voters
Did the Rest.

Well, Blake 10 eliminated, anyhow.
The constitution which he cared 80 little
about and tho people who cared 90 little
about him, have formed a combine.
AS il impatient to have the process Of
elimination lose none Of its force through
the delay of nearly two months, the con-
stitution does not give him tho privilege 1t
extends TO other officers. OF holding on
until the first Monday in January. He goes
and he goes quick.
Either through an oversight or through
intention. and it makes very little differ
enoe which il was in this case. the man
elected to succeed Henry N. Blake takes the
office Of chief Justice Of the supreme court
Just as soon as the votes are counted and he
gets his certificate of election and qualities.
The constitution of the state and the or
dinances of the convention which were in
tended to give effect to his organic law,
are responsible for this state of affairs.
Tit sixth section of ordinance lumber
two says that ION the first Tuesday in DO
tobsr, 1889. there shall be elected by the
qualified voters Of Montana a governor, a
lieutenant governor. a secretary Of state.
an attornsy-gereral, a state treasu' or. a
state auditor, a state superintendent OF pub
lilo instruction, one chief Justice and two
associate justices of the supreme court. etc.
The term of officers so elected shall begin
when the state shall be admitted into the
union, and shall end on the first Monday in
January. 1893, except ~ otherwise pro-
yided." ~
That Except as otherwise provided" did
the business. as express provision 10 maue III
the constitution in the cases of all, lnolud-
ing the chief Justice Of the supreme court
Section one, of article seven OF the con
stitution. says: 1.-The executive department,
shall consist of a governor. l~ieutenant-Rov
ernor, secretary of state. attorney general
state treasurer, state auditor and superin-
tendent Of public instruction. each of whom
shall hold his office four years, or until his
successor ia elected and qualified, begin
ming on the first Monday in January. mex
succeeding his election. except that the
term of office of those who are elected al
the first election shall begin when the state
shall be admitted into the union and shal
end on the first Monday of January A. D.
1882"
Thus the constitution provided for the
terms of Office of the governor. the lieu
ten~ant-governor, the secretary of state, the
attorney general, the state treasurer. tn.
state auditor, and the superintendent OF
public instruction. But it was otherwise
provided in the case of the chief justice OF
the supreme court. as will be seen by this
Section eight, article eight of the consti-
tuition, provided, there shall be elected al
the first general election, provided for il
this constitution, one chief justice and two
associate justices of the supreme court. A
said first election. the chief justice shall b.
elected to hold his Office until the genera
election in the year 1892. and one of tn
associate justices to hold his Office until tn
general in 1894, and the other associat
Justice to hold his office until the genera
election in the year 1896, and each shal
hoJd until his successor is elected an
qualified"
So Blake has been eliminated.