The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-16
ton than other states. 30 far ~ that was

tlon than OtneI stntes, % IAI ~ NAV WAS
concerned.
The most important business before Tho
house yesterday was the special order, the
bill proposing q constitutional amendment
dividing the state into twenty senatorial
districts and sixty-ons representative dis
tricts on the basis of equal population. Il
was taken up In committee of the whels.
Benson in the chair. Fleming. of Beaver
head. at once moved to strike out the en-
acting clause. Tallant seconded the mo-
ton and in opposing the bill said the
trainers Of the constitution of
the United States had set a
very good precedent in making
senators in congress- Az the great state Of
New York. The trainers Of the constitu-
ton Of the stnte had the same idea in their
minds whom they allowed each county a
senator. There was no use denying the
fact that there was = great deal Of bad leg
bodies it was worse than in the others. The
senate was tho proper check on this legisla-
tion. Though he represented what would
be one of the more populous counties he
favored giving the smaller ones equal repre-
sentation in the senate. 1t also gave too
nan opportunities for accommodating.
Lewis also opposed the bill, saying it would
put the smaller counties at the mercy OF
the larger ones. Jockey was opposed to it
because he believed the agricultural CON-
munities were disposed to be moro conserv-
alive in the matter Of legislation than the
larger and moro thickly settled ones. But
Ter also opposed it.
Bach, Monteath. Matthews, S~eharnikow,
Bray and Burke favored tha bill. Judge
Bach, in the course of his remarks. during
which he commended for representation ac-
cording to population, said the trainers
OF the constitution of the United
men who ever lived. There w wore
wise ones before and had been sinoe. In
oidentally he charged that there would
never have been 80 many new counties but
Tor the e%ntangling question Of the election
of a United States senator. In conclusion
he eaid the people of the state should be
allowed to say whether they wanted it or
not.
During the long debate Judge Bach re-
ferred to Speaker Matthews as a member of
the democratic party. The speaker
promptly called out that he did not care
to be c!assed as . democrat" at seems I
have gotten into the wrong house." re-
sponded the judge, "and l owe an apology
to the democratic party" There was some
applause on the democratic side at this.
The house divided on the motion to
strike out the enacting clause and refused
to do 30 by yeas twenty one, nays twenty
eight. The bill was ordered favorably re-
ported, and the report adopted by the
Ny yooO A1yo clkApCcAs
The vote shows that the bill cannot pass.
as it takes two-thirds in each house to pro-
pose an amendment to the constitution.
The house established a method of pro-
cedure in acting on senate amendments to
house bills. 1t was decided to refer all
such amendments to committee of the
whole, to be considered the Same day, and
that the final vote in the houss on the mat
ter of concur enee be by yeas and nays.
This action was suggested by the course
taken on the amendment made by the SEN
ate on the house bill fixing the pay of mem
bers OF the succeeding legislature At the
rate Of So per day. Tho amendment made
the law so into effect in 1896 instead Of
1894, on the idea that it would not be oper-
tive for the state senators elected last No.
vember and who held over for the next
legislature; the constitution providing that
NO member of the assembly shall receive
any increased pay by reason of any act
passed by Themselves. The house. as soon
az the amendment was read, concurred in
II by yeas, twenty-ssven, nays twenty.
Subsequently, when its effect was seen, the
concurrinQ vote was reoonsidered. and the
matter taken up in committee of the whole.
There a wide difference of opinion was
found to exist, some holding that the in
crease to SO = day would affect only the
and others that it would apply equally
to the hold over senator's. under
the CLAUSE of the constitution
allowing members of one legislature to fx
the pay of its successors. The committee
recommended that the house reject the
ference. hi house adopted the report and
refused to concur in the amendment. by
yeas 4. nays Al. The committee of confer
enee appointed are Bach. Tallans and Car
psnter. The senate amendment to the
house bill Furnishing executors, administra-
tors and guardians for failing to report
was also taken up in committee Of the
CURED in, which was done by unanimous
vote. The amendment is practically a
substitute for the bill and provides as fol-
lows: ANY administrator, executor or
guardian who shall fail to make, render or
file any account, report or statement in
required Of him by law. may be, by thu
court within which ths estate is being ad-
ministered, summarily punished BY y fine
in any sum not exceeding 500, and may
be committed to Jail until payment be
made. and his letters may be by the court
s%ummarily revoked"
Bills we're introduced as follows: By
Scharnikow, regulating the fees to be
charged by clerks Of district courts; by
Babcook. appropriating $21, 118 to pay fol-
bounties on stock destroying animals; by
Tallant, for tho appointment Of three game
and fish commissioners, who are to appoint
officers to see that the laws are enforced: by
Carpenter, amending the law relating to
conveyancss; by Carpenter, relating to
costs in civil onses; by Carpenter. limiting
jurisdiction of justices of tho peace to cases
involving fines of 800 or imprisonment for
not over three months; by Monteath, al.
lowing county mmissioners to appoin,
deputies to assessors; by MonteAth, repeal
ing the old law allowing sheriffs 81 a day
for board of prisoners; by Nontsnth. regu-
latinR charges for transportation OF prison
ers; by Walkup, appropriating $4,000 foI
the expenses of the state iremens' tonrna-
mont; by Graves, regulating the practice o
medicine, by rsquitin diplomas from regu
larly organized colleges, ten yearg contin,
ued practice IN state, and examination b,
tho state board of medical examiners
RoEs gave notice Of n bill to FIX tho penalt,
for the crime of burglary.
The committee on ways and means re
ported unfavorably on sen ate billa providin,
for deputy state auditor and deputy stat
treasurer; but recommended that the usne
,al appropriation bill provide for 81, 500 TO
clerical hire for the auditor and 81, 200 70
the treasurer. Tho comnittss on privilege
and elections reported fayorably on til
house bill providing for registration O
voters. and for elections, and they ver
made special orders for Friday afternoon
The committee on state institutions re
ported favornbly ON the bill providing TO
an orr hans home. with an Amendments sub
! stltnting Walkerville for Butte.
. The house bill to pay county, district an,
! township officers by the month instead @
. by the Qusrter, was passed.
senate bill providing for q state board O
education was made the special order fo