The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-01-03
'BULLDOZING IN MONTANA.
Democratic Members of the Leg
islature Retire in a Body.
A QUORUM NOT PRESENT,
But the State Auditor Organizes the
Lower House.
The Democratic MEMBER from Choteau
County Refused Recognition-TwoP Pop
ulist Members Go Over to
the Republicans.

HELENA, Mont. Jan. Especial.
New developments arose in the Montana
legislative muddle this morning and re-
suited in the Democrats leaving the hall
in body, accompanied by Beecher. the
Populist member from Cascade county.
A. j. Davidson. the Democratic member
elect, who has been lying very low for
several weeks, could not be taken to the
place OF meeting. The state auditor,
whose duty it is to call the house to order,
did not put the name of either of the
Choteau contestants on the list. Bray
and Matthews. Populists, openly declare
themselves with the Republicans, the
latter having agreed to support Matthews
for speaker. In explanation Of his action
in leaving Hamilton's name off the roll,
the auditor read the following paper:
''Imphed in the duty of calling the
members-elect to order is involved the
duty of examining the prima facie evil
dence OF such election and arriving at the
conclusion therefrom as to the person,
appearing from such evidence, to be
elected. / am embarrassed by the
/ PNNtCIo NA4OA d1C UICoCubOu w
me as to the election of
county of Choteau. Mr.. A. B. Hamilton
holds the certificate properly signed and
showing that he was elected. l am also
presented with writ of mandate, peremp-
tory in its terms, issued out OF the highest
court of the state which adjudges in effect
that such paper is false and was arbitrarily
issued by such board without right, and
requiring the issuanUe of another certifi-
cate to Mr.. Eugene E. Leech, showing
that he was elected a member from that
county instead of Mr.. Hamilton, but for
reasons not necessary to be recited such
certificate is not yet issued.
cit would be in my view disregarding
the determination of the supreme court,
made on the full hearing of the matter, as
to the duty of the canvassing board, and
violation of its judgment for me to hold
such certificate valid and l shall not call
the name of Hamilton. Mr.. Leech, by
this decision will be entitled to evidence
that he is a member of this body, but he
has not presented such paper and l think
cannot anticipate him, therefore, and
Ci1dll uOb J4dCC llAc Utti1c O1 JIG IOll0s UQb
leave .the4 gRlaxiRg.@ problem for the
! fifty-four rem lining members of this
house to determine after its organiza-
tion."
MIR. Hamilton was present and appeared
before the auditor and presented his GER
tifcate from the canvassing board of
Choteau county and demanded that the
oath of Office be administered. He was
ordered to sit down by the auditor, but
refused. Finally the auditor exclaimed:
els there United States deputy marshal
PRESENT.
Immediately Judge Bach, leader OF the
Democrats, sprang to his feet and defied
any United States marshal to interfere in
the affairs of the legislature of Montana.
No officer put in an appearance. Hav-
ing called the roll and presided while the
members took the oath OF Office, the audi
tor put the question of the election of a
temporary chairman. On this point the
statute reads: ''As soon as all the mem
bers-elect present shall have taken the
oath or affirmation aforesaid, if there
shall be quorum present, they shall pro-
coed to the election of officers.''
1t has been the custom for the Oldest
member in point of service to take charge
OF the organization, but today the audi
tor kept the presidents chair and the
Democrats left the hall. Representative
Matthews, Populist, was then nominated
for temporary chairman and received
twenty-seven votes, including his own
and those OF twenty-five Republicans.
Tho constitution couc. Y11oior Of
each house shall constitute a quorum to
do business. - The Republicans held
that as but fifty-three members had been
sworn in twenty seven was a quorum and
proceeded with the election of officers af-
ter which the house thus organized ad-
iourned until o'clock Tuesday. At that
hour it is expected the whole of Choteau
county viii have been recounted, and a
certificate for Leech received when he
viii be sworn in.
On the subject of certificate the law OF
the state reads: 1.-THE certificate of cleo
ton from the clerk, if of the proper
county, shall be valid and considered as
prima facie evidence of right to member
ship of the person certified therein to be
elected for ali purposes of organization of
either branch of the legislative assem-
Bly,
Hamilton. of Choteau, held a regular
certificate and had been sworn in several
days ago, and the refusal of the auditor
to put his name on the roll caused the
action of the Democrats today. -Al
efforts today were directed toward secur-
ing control of the legislature and the
senatorial aspirants were put in the back
ground.
NEBRASKA,s IEGISIATTRE.