The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-08
The VOTE FOR SENATOR
A Question Raised Is to Whether II
Shall Bs Taken January
10 or ~
What Constitutes Organization
the Problem Confronting tho
Law Makers

Meeting or the House Election Commute,
Yssterday-ssms Measures That
VIII Bs Passed Upon.
Anew phase has developed In the sons
torial situation that 10 causing those inter
ested considerable concern. II relates to
the date on which ballotinR for United
Btates senator should begin. Under the
federal law governing the matter tho slime
set for taking the 6rst ballot for United
States senator is the second Tuesday afte,
the Organization Of both branches Of the
Legislature. II has been the common I'M
all the officers Of the house were not elected
until last Wednesday, that this second
Tuesday would fall ON Jan. II. But doubts
are expressed as TO she correctness of this
position. Members Of the legislature and
lawyers in Helena generally hold to the
opinion that neither branch Of the lsaisla-
ture il organized until il has elected all Of
its officers. But the United States senate,
tho body that would have to
pass on tho matter finally In case
there was q contest, has decided
that organization ID completed whom the
msmbsrs of both houses meet at the place
designated at the time fixed by law and
take the oath Of Office. This was 80 decided
in the Dubois laggett Idaho senatorial
contest. Dubois was elected on q certain
Tuesday and the next Tuesday the leRisla-
ture met in joint session and elected Clag-
gett. Dubois got tho certificate and then
Claggstt went before the senate with a con-
test. Both the contestants were republi-
cams and the senate took the contest 40 q
legal proposition. Senator Turpie made
an extended argument. taking the position
that each branch of the legislature vas Or
eanized when the members had taken the
oath Of Office at the regularly appointed
time and place. He was sustained by .
vote of eighty for Dubois to eight for Clag-
Rstt.
Judge Dixon. talking Of the matter yes
terday. said his own opinion was shat the
organization was not completed until all
the officers were elected; but that under the
decision Of the senate in the Dubois-Clag
pett CASE he was Of the opinion a vote
should be taken mex Tuesday. the under
standing being there should be no choice,
and the balloting to continue every day
until Wednesday. tho 18th, the senator, If .
choice had been reached by that time, TO be
elected that day. In this way all possibility
Of q contest as to the date would be avoided.
The rspublioans who talked about tho
matter as = rule expressed the opinion that
they believed that the 18th was the date on
UhSAh IN AAkA . h~lIok f0r ao~okov k-k kko-
thought there would be no difficulty in the
two parties agreeing on 4 date. and thus
avoiding any contest. On OF before Mon
day there will probably be a conference of
the leaders to decide Just what to do under
the circumstances.
The War Horse dies hard. He had an in
terview with Richard Jockey, of tho Lewis
and Clarke delegation, between the hour
whom the house committee on elections ad- |
jouEned Friday afternoon and that fixed
the meeting yesterday morning. The
result was that Jockeys backbone was
and his mind underwent a change.
30 did that of Tallant, of Cascade, the
other republican member of the committee.
When the committee adjourned on Friday
afternoon 1t was generally understood
among the members shat they would hear
testimony on the part of Hamilton to es-
tablish the fraud at Box Elder. and by
Leech in rebuttal. When the committee
met yesterday morning all the members
were present-Bescher, populist. chairman;
Bach and Buck. democrats, and Jockey
and Tallant. republicans. A. B. Hamilton
was accompanied by his counsel, Robert
E. Smith. Eugene Leech. the republican
was accompanied by d. G.
Wade. who represented the republican side
the controversy. r. g. Davies appeared
as tho representative OF the populists.
Lawyer Smith opened the proceedings by
suggesting that, as there would be a great
deal OF testimony on both sides, the COM
mittse should adopt some plan for issuing
for witnesses and papers. This
at once brought up a discussion as to the
power of tho committee to compel attend
Hnce, and disclosed the republican plan.
Judge Wade commended that all the com.
mittee were empowered to DO was to exam
inc into the certificates and declare which
Of the two was the valid one on its face.
Jockey and Tallant conceded with their
who further claimed that
the committee should take NO
other evidence than the mandamus of the
supreme court, which declared Lesch's cor
tho proper one. The democratic
members remembered, however, that there
was a provision in the constitution which
made each branch of the legislature the
judge of the election and qualification of
its own members. and that nowhere was
there anything that transferred that pre-
rogative to the supreme court. So they re-
fused to coincide in the views of the War
Horse. as voiced by Judge Wade. After
further discussion OF that branch of
the subject in n informal way, Judge
Bach asked what kind of testimony the
contestants proposed to offer. Lawyer
Smith said that on behalf of Hamilton it
was expected to prove that twenty or
twenty-one half breed Indians had each re-
ceived a bride Of $40 to vote the republican
ticket at Box Elder; and that A. M. Henry
was the man who manipulated the scheme.
Mr.. Smith declared further that in addi-
ton to the men who were bribed, his side
would produce other witnesses who saw and
knew OF the transaction. among them one
the judges of Boz Elder precinct. He said
that eight or ten of the half breeds would
DO sufficient to overcome the majority of
seven which the fraudulent Box
Elder votes gave Lesch. Judge Wade said
that if the committee desired to summon