The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-09-13
Tho Certificate of Nomination Does
not Comply With the
Capital Law.
Secretary Rotwitt Gives the Ofl-
cial Nominations for Seat of
Government.
Inc Secretary Il Advised That He Is net
Authorized to Put Pony o. tile
List.

Pony, in Madison county. will NOT be in
the race for the capital. Yesterday q letter
was mailed by the secretary Of state setting
1ofsh why that place il not included in the
list OF towns which have sent in their nomi-
hatlons. The reasons are: First. There ID
no certlhcate Of nomination Of ths town of
fony for the permanent location of the
seat OF governments attached to the doom
ment sent in BY the people of Pony. The
letter continues: Nor have you any where
named in said document the town Of Ponv
40 the place Of permanent location Of tho
seat OF government. You have nominated
tho town of Pony for the state capital of
the state OF Montana, which has already
been provided for by section two Of article
ten OF tho constitution. You will observe
that the act above quoted provides for the
submission of the question of permanen
location Of the seat of government. and not
the state capital.
"second-The parties signing this doou-
ment have failed TO set ont opposite their
names that they were electors in Montana;
they have failed TO show that they are resi-
dents OF any county in Montana; they
have failed to show their place of business
and business address. which il required bv
the provisions OF section two of said act.
which reads as follows: Sec. 2. Nomina-
tions OF towns or cities in candidacy for the
place of location of the seat of government
shall be made in the following manner:
There shall be presented to and filed with
the secretary of the state a certificate of
nomination. containing the name of the
town nominated for the place of location of
the seat of government tho name of tho
county wherein the Same is situated, and
signed BY twenty-five electors residing
within the county wherein the town named
shall be situated. and containing with each
signature the place Of residence, business
and business address of each esctor re-
spectively; and from and after the day Of
filing of the said certificate, tho town or
city named therein shall be deemed to hays
been regularly nominated. and shall be
listed on ballots as hereinafter provided:
Provided, that all nominations must be
made not less than sixty days preceding the
general election in tie year 1892
For the reasons herein noted and which
are approved by the attorney general. I am
satisfied that was not authorized to place
the town OF Pony III tho published list Of
towns and cities placed in nomination.
II have been advised that the provisions
of section two are mandatory and not direo-
tory, and that it 10 obligatory upou me to
closely follow the provisions of said Soc
tion.
Permit me to say to you tha. in this re-
epeet my actions are governed purely bv
the rule of law laid down in the act above
quoted and not from desire to prevent the
town OF Pony from being represented AZ Z
candidate for the place of permanen looa-
tion of the seat of government
Tho following certificate was issued yes
terday by Secretary Kotwitt:
City of Anaconda, town of Bouldar. citv
OF Bozeman. city of Butte, town of Deer
Lodge. city of Great Falls, city OF Helena.
l, Louls RotWitt, secretary of state OF
the state of Montana, do hereby certify
tnat the foregoing towns and cities have
oeen plaeeo IN nomination for the place Of
permanent location of the seat Of govern
nent IN Montana. and that the same and
all thereof were presented to and fled with
me prior to Sept. 8. 1892, and that each CO..
flhoate OF nomination, containing the name
Of the CITY or town nominated for the place
Of permanent location of the seat of gov
ernment, containing the name of the
county wherein the same is situated. and
was signed BY at least twenty five electors
residing within the county wherein such
,lty or town named was situated, and con-
famed with each signature the place of reg.
aence; business and business address of
each elector respectively.
And further certify, that at the oenerai.
,lection Of the year 1892. to-wit: on Tues-
day, Nov. ., 1892. the question of perma-
!lent location of the seat of governments in
Montana. will be submitted to the qualified
electors of the state i'll accordance with the
provisions of an act entitled, IAN act pro-
riding for the subm ission of the question
II permanent location of the seat Of gov
approved March 6, 1891.
In testimony whereof. l have hereunto
et my hand. and affixed the great seal Of
he state of Montana, this the 18th dsy Of
september, 1892 LOUIS RoTwIrr
secretary of State of the state of Montana.