The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-11

c. CORFU, late CAsT Dclmonicoas
made 4 short reply. He said the repuhli-
cans claimed they we're in a minority
through the injustice done them. They
felt that il was a wrong that should be
rightad. Ths appeal for a pair was meant
purely for partisan advantage. II Mr..
Davidson was endangerinR. his health By
coming TO the house the burden was not on
tho republican members. lie coulo come
or remain away az he saw fit. When Justice
was lone the republican side he would be
willing to extend the courtesy asked:
The motion to proceed to ballot Tor
| United States senate was then carried, and
tho Formally of nominating speeches hAv-
ing been dispensed With. the house voted.
Tie republicans voted for Sanders. their
caucus nominee. and the populists for
Samuel Mulville. The democrats divided
their vote. The reauit of the hallo was:
For Sanders-Annear, Babcock. Benson.
Bray, G. H., Burrell. Burns. Carpsnto-.
Goder. Fleming. Goodell. G1ayss, huffman
Mckay, Netzel. Monteath. Rose, SWEET.
Tallant, Van Clevs, Winters-25.
For Clark-Ash. Butler, Fitschen, Kill
gallon, Lookhart. Looue, McDonel. Martin.
SappinRton. Scharnikow, Truman. Will
son-12.
For Dixon-Bonner, Burke, Fitzgerald.
German, Ward. Walkup-6.
For Hauser-Baoh, LorinR. smalley,
Tisrney, Wahls-5.
For NEUTRALITY-SUSPICIOUS., Bray. A. +,
Matthew'S.
For Maginnis-Murphy-1.
For smith, II. B.-Dudley-1.
Then came the surprise Of the day. Mr..
Fleming. republican, Of Beaverhead, moved
that Eugene ieech be admitted to the va
cant seat from Choteau county, without
prejudice to the right of A. b. Hamilton to
contest. Judge Bach at once moved to
adjourn. As the roll call proceeded. and
Mr.. Bray. populist. Of Silver Bow, voted
with the republicans, 1t was seen that thare
was going to be q very close call for some
one, and the interest was great. When
Speaker Matthews voted with the republic
cans also ii was seen that tho motion to
adjourn was lost. Mr.. Beecher. the other
populist. voted with the democrats. The
result on the motion to adjourn wal yeas
&c, nays "a.
Judge Bach got the floor and proceeded
to make q speech against what IL was now
apparent was . determination m the part
Of the republicans to seat Lsech without
waiting for the committee on elections to
investigate the case. He said the Choteau
contest could not properly be befols the
house until all the testimony was heard.
Whatever wrong had been done had COM
menced at Box Elder. and now. as in the
past. his voice would be raised against The
tASSOOAAAHo ! ~ Wv
Chotsau county in regard to that matter.
But the members of the house were acting
as judges. and as such they were not aware
of the proceedings of that board. Judge
Bach at this point saw Auditor Cook sitting
in the rear Of the hall, and exclaimed:
part of q man who sits on the floor Of this
house, and the wonder ia the auditor does
not usurp tho speakers place now as he did
then. l%Applause.] compliment him on
his modssty." Judge Bach then spoke of
the refusal Of the auditor to put Hamilton's
authorized to say that Justice Dewitt, OF
the supreme court, was surprised at the
action Of the republicans of the house,
and held to the position that a
ministerial officer had no judicial power.
Judge Bach said he knew now why the audi
ter the oath to members OF the house. judge
Harwood had been called for. but he had
refused to come because no didn't want to
go back on the effect of his manda-
/ mus.
Thu republicans were getting FESTIVE I'M
der the able exposure OF their plans. and
Mr.. Monteath interrupted with a point of
order that Judge Bach was not e~oniinR
himself to the motion. Speaker Matthews
asked that Judge Bach do 80.
Judge Bach said he expected to do that.
"Ihe next step in the proceeding" he con-
tinued, was the auditor'srequess for a dep
utv marshal. At the suggestion of his
friends l accepted the explanation that he
didn't know what he was doing; that he
was excited. But he has since said himself
that he did it as a bluff" Judge Bach said
the action Of the auditor had been a wrong
to the dignity Of the house and every mem
Der of it, but gentlemen on the other side
sat silent and entered no protest. He
wished to say in Justice to one member ON
the other side that that gentleman had
since said he was misinformed az
to the citcumstances or he would
never have taken tho stand he
did. Not only had the party lash been APP
piled, but falsehood had been used as we'll.
The gentleman referred to had been told
that a certificate was already issued to
LeecL. Until Leech had presented him
self Hamilton had the de faoto and the de
jure right to the seat. Judge Bach then re-
ferred to the opinion of q leading rspubli-
can lawyer who held the same views, and
who also held that the issuance of the man
date by the supreme court did not destroy
the certificate OF Hamilton. The man with
the first certificate was entitled to the seat
until the other could show a better title.
The contest had been referred to the com
report, though the democratic member
were ready to 90 ahead with the inquiry.
Judge Bach read the report of the commit
tee, handed in Monday. to show that Tai
Ian had made the motion to ask authority
to send for persons and papers. and tina
Jockey had seconded it. If there was AM
delay 1t was not caused by the democrats,
II don't believe an angel from heaven, will
oil his eloquenoe, and with divine author
ity, could make any impression on tn,
other SIDE" exclaimed Judge Bach. "Who
ever gets to be senator from Montana,
trust he will be q man who can hold hi
seat with such a title shat not only his owl
colleagues. but his adyersaries as we'll, viii
acknowledge his title. / trust no demoora
will be seated who will have to be taunts,
az the junior senator from Montana was b.
one of his party"
The speaker again called to Judge Bac
to stick to the question, aud at the ~applaus
from the spectators. said he would have tn
galleries cleared II it we're repeated. Judg
Bach went on to speak of the action of til
Choteau canvassing board. and said tb
governor had asked the legislature to d
something to right the wrongs inflicted b
such bodies, and he might have added,
suggested Judge Bach, "those done by stat
auditors" At this Cook shrunk into h
collar and remained there I'LL he left th
house.
Mr.. Bray, Of Silver Bow, said in explains
ton OF his vote on the matter OF adjourn
msnt. that he would always be found o
tho side of those who wanted to work. II
question was whether %oanvRssinR board
! could make and unmake legislatures. Nv
desire to be chosen by tho people," he sal,
land not by osnvassing boards and 81