The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-03
Highest Of all in Lcavening Power-Lates U. S. Govt Report.
ABSOLUTELY PURE

tor next appointed d. J. Tallant. Of The
Cascade delegation, temporary secretary,
and called on Rev. 8. Il. snider TO open
the battle with prayer. The minister evi.
IDENTIFY scented q battle, a. he prayed that
the members would be assisted IN realizing
their duties to the citizens of the state. and
tho grave responsibilities resting on them.
In q special manner the minister invoked
the divine blessing on the absent member.
and hoped no would soon be able to take
his place among his peers.
When the prayer was over Auditor Cook
aeked il Judge HARDWOOD was In the room.
He wasn't. but Judge Hunt was. and in le-
sponse to the Invitation he came forward.
I. G. Bach, OF the Lewis and Clarke dele
cation, saw Judge De Witt in the room and
askcd If II were necessary to have q Justice
of the supreme court administer the oath.
Judge Hunt himself said it would be better
if there were one present. The auditor,
however, said there was nothing TO prevent
Judge Hunt administering the oath.
Auditor Cook read from q typewritten
list the names of those he had placed there
&c members. When he reached Choteau
county, be called out neither Hamilton
nor Lsech, but did call Burns, the man re-
turned as elected with or without Box Ell
der. As the names were called each man
stood up. Judge Bach then got near the
auditor aud remarked to that gentleman
that he presumed a mistakc--merely a mis-
take-had been made. II failed to hear the
evidence Of title that supports your
right to call tho name Of
BUNS applies with equal force to
Hamilton. He has q certificate issued at
the same time and by the same authority.
We may not be able to make you call his
name, but A. b. Hamilton has q certificate
of election, has takcn the oath OF office be-
fore the chief Justice of the supreme court,
and ia a member of THE house"
The state auditor at once went at the
second pat of his programme. 1t conslst-
ed OF a typewriter paper, which ne read,
and which said: Implied in the duty OF
calling the members-eleot to order 10 in
VOWED the duty of examining the prima
tacie evidences OF such election and arriv-
ing at the conclusion thsrefrom as to the
person appearing from such evidence to be
elected. I am embarrassed by the papers
which are presented to me as to the elsc-
ton Of one of the members from the
county of Choteau. Mr.. A. B. Hamilton
holds a certificate. properly signed. and in
form showing that he was elected. l am
also presented with a writ of mandate. per-
employ in its terms. issued out OF the
highest court of the state, which adl1dRes
in effect that such paper is false. and was
arbitrarily issued by such board without
right and requiring the Insurance OF an
other certificate to Mr.. Eugene E.. Lsech,
showing that he was elected as Q member
from that county instead of Mr.. Hamilton,
but for reasons not necessary to be %reclteu,
such certificate is not yet issued. II would
be, in my view, disregarding the deter
mination of the supreme court, made upon
full hearing of the matter as to the duty OF
the ~canvassing board, and violatlve OF Its
Judgment for me to hold such certlncate
valid and I shall not call the name OF Mr..
Hamilton. Mr.. Leech, by this decision.
will be entitled to evidence that he is a
member of this body, but he has not pre-
ssnted such paper and I do not think l can
anticipate his reception thereof and l shall
not place his name on the roll. but leave the
perplexing question for the fifty four re-
naming members of this house to deter
mine after it's organization."
II have read the mandamus," said Judge
Bach, addressing the auditor. land unless
you have read the original you do not know
what is in it. I undertake to say you have
not read it. The mandainus affects both
| Mr.. Hamilton and Mr.. Burns. 1t directs
the oanvassing board to canvass the vote
and issue certificates to the two mon high
est on the list. Mr.. Hamilton has . oertih-
cate and is ready to present it."
AT this point MI. Hamilton stood up
alongside w. A. Logue. of Deer Lodge:
M Hamilton. please be seated" de-
manded the state auditor.
Mr.. Hamilton regarded the auditor with
q frozen stare and continued to stand.
"Is there a deputy marshal in the hall2"
exclaimed the auditor.
Instantly there was hush in the hall as
il somebody had been struck dumb by the
proposition to have q United States official
take part in arranging the affairs of a leg
~islative assembly, by making one of its
members sit Town. Il burst Into a wild
cheer, however, when Judge Bach cried out:
''Td like to see what deputy marshal would
dare come into a legislative hall and inter
fere with members"
A. +. Bray, one Of the Silver Bow popu-
lists, came forward and made q short
speech, in which he denounced the pro-
ceedinRs as an unseemly wrnngle, and
called ON both sides to get together and not
repeat the scenes of three years ago. +.
S%oharnikaw, democrat, of Deer Lodge, told
the auditor that in calling the house to Or
der he had lone his duty, but had no right
to say who should or should not be seated
as members of the house. Richard Jockey,
republican, of Lewis and Clarke, called Mr..
Scharnikow to order. saying no one had any
right to question the authority of the
speaker. Judge Bach started to call the
auditors attention to something. He was
cut of short. however. by Auditor Cook
saving that this is not a debating society,
and l don't want any trouble"
Mr.. Hamilton called out to the auditor
that he had his certificate of election and
would stand on the floor as long as any
OLuST dlCIlOSts IL y = AhA
evidently been anticipated in the pro-
aramme, as the state auditor began at once
calling up one by one such members as be
choose to recognize. 1t took about a min
ute and a half for Judge Hunt to read the
oath and for the temporary clerk to get the
name of the first man signed to a prepared
list. The second man was disposed of in
the same time. Then the auditor began
calling them up by counties. which hast
ensd matters. When Choteau county was
reached, Burns was called and sworn.
Hamilton was not. When everybody else
Fad been sworn Mr.. Hamilton walked in
front of Judge Hunt, and holding up his
csrtifi sats, asked to be sworn. II have
already been sworn in as a membe of the
house, and merely present myself to be en-
rolled as the others" Needless to say be
was not enrolled.
II suppose the next order of business II
the election of speaker pro tenn" said Az.
ditor Cook.
j. Il. Monteath, republican, of silve,
Bow. moved to 40 into the election o.
speaker, and Mr.. Scharnikow moved IL
amend by eiectina temporary chairman
This was declared carried, md MIR. Bray
Of Silver Bow. got up and nominated Thos
, Matthews, hia populist associate, as q mar
against whom no one could vote with an,
good reason. as he was identified will
neither Of the old parties and represented
no faction.
Before the auditor could say anythin,
about further nominations, Judge Bacl
confronted him. hat in hand and overcoa
over his arm. Judge Bach saw. as did al
the other democrats, that no attention wa
going to be paid to his right Is the oldss
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