The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-11
His Republican Friends Succeed FL
nally In Having Him
Sworn In.
Democrats and Republicans Are
Now Numerically Even In
tho House.
4 ballot Taken in Both Branches OF the
Legislature on United States soma
tor-Other business.

tsrday in having Eugene Leech sworn in on
the strength of q certificate which tho
suprsme court directed the canvassing board
OF Choteau county to issue to him; and they
did it in the interest Of the junior fraud
from Montana, who 10 able TO be In Helena
and looking after just such work through
the courtesy of q pair which q democratic
senator made with him on all political CUES
tions. The republicans accomplished this
BY the aid Of tho speaker and his populist
associate from Silver Bow county,
which gave them q bare majority
OF one vote to carry out their plans. Had
A. j. Davidson been present there would
have bssn a Vie vote of q to 81 ON the quss.
tion OF seating Leech. and that would have
been enough to defeat it. Az the matter
stands with Leeoh sworn in, the democratic
snd republican parties have each twenty
six votes in the house with all present. and
Two of the three populists can decide .
political question. With the min demo-
Gratis in the senate that party has thirty
hve votes on joint ballot, one less than a
majority of all tho members. Tho seven
republican senators give that party thirty
three members on joint ballot. The popu-
lists haye the other three members. all in
the house.
II was simply a question Of numbers
that gave the republicans their extra NOM
Der yesterday. Still they did not get what
they wanted without y bitter struggle.
Judge Bach made q fight that might have
excited tho admiration of even his republi-
can advsrsaries had they been engaged in
a loss unholy cause than that of trying to
extend by six years the Warrington resi-
dsncs Of Wilbur F. Sanders. Judge Bach
was taken by surprise by the support which
the republicans 20 unexpectedly received
from the popullsts. against whom the sup
porters of the War Rorss were 80 recently
and 80 bitterly arrayed in the speaksrship
fight; bitter even to the extent of ridioul-
ing the present occupant Of the chair. But
the democratic leader made a gallant fight,
and though the cause for which he stood
received a baokset. yet in the short battle
preceding that result the blood spilled was
potato would have dropped some blood
after the pounding Judge Bach gave the
state auditor.
In view Of the proceedings yesterday, y
short history of the Lesch-Hamilton con-
test since its Inauguration IN the house
may prove interesting. When the state
auditor called the house to order on Mon
day. Jan. 2. he refused to call the name of
A. B. Hamilton as a member from Choteau,
though that gentleman was there viii a
certificate issued by the canvassinR board
of his county, and the laws of the state
distin city state that a certificate of election
shall be prima facie evidence of right to a
seat. Justice Dewitt, OF the supreme
court. Ex-Gov. B. Plats Carpenter and
other able republican lawyers held that
under this law the auditor had no right to
call Hamilton's name. His duties were
ministerial. and not judicial. The repub-
licnns, however. have a fashion in Montana
Of agreeing with their judges and advisors
when their judges and advisers agree with
their party schemes. So Hamilton's
name was not called. When the house was
finally organized Leeoh had received the
certificate which q majority Of the supreme
SQUIRT had ordered the Chotsau county
canvassing board to give him. His certifi-
cate and that of Hamilton were referred to
the committee on elections appointed ahead
OF time to consider their case. The COM
mittos at it's first meeting agreed to send
for whatever evidence was needed to prop.
erly decide the case. At the next meeting
the republican members Of the committee
evinced a disposition to back out of that
agreement. 1t was then determined to ask
the house for further authority to send for
persons and papers, with the idea that if
the house accorded them that privilege, il
would be taken 40 the sense OF that body that
they wanted a full and fair inquiry. The
request of the committee was made Mon
day. 1t was laid over till yesterday. Be-
fore any action could be taken on it. and
while the c~antest was still pending before
the committee. the republicans sprung
their scheme of seating Leech first, and in
vestigatinx later; in other words they made
him a present of property in dispute, and
scheme commensurate with the talents of
Wilbur +. Sanders.
Senator Matts drew first blood yesterday
In the contest for the location of the state
educational institutions by Introducing hi.
bill for the location of the university Of
Montana within three miles of the city o.
Missoula. Tbs bill is quite voluminoui
and was evidently drawn to cover every es
sential point in the establishment of thu
institution. Tho senator wanted the bill
referred to the committee on public build
inGs, hospitals and asylums, because bill
of like character went to that committee a
the last session, but the senate. on vivl
yoce vote, decided to support the president
who believed the committee on education
was the proper one to consider all measure
relating to educational institutions.
A majority Of the senators had an ide
that it was necessary to ballot ut noon il
separate session for United States senator
Lieut.-Gov. Botkin explained that in sep
arats session the ballot could be taken q
any time. and read extracts from the fed
eral law governing the election Of Unite
States senator. as follows:
'Sec. IA. The legislature of each stat
which is chosen next preceding the expira
tion OF the time for which any senator j
elected to represent such state In conQres
shall, on the second Tuesday after til
meeting Rnd organization thereof, proaos
to elect a senator IN congress-.
'Sec. Is. such election shall be conducte
IN the following manner: Each house sha.
openly. by . yiva-voce vote of each membe
present. name one person for senator j
congress from such state, and the name G
the person SO voted for. who receives
majority OF the whole number of votes cas
in each house. shall be entered on the jour
nal of that house by the clerk or s~ecretar
thereof; or If either house fails to give sue
majority to any person OF that day, til
fact shall be entered on the journal. A
twelve O'Clock meridian of the day follow
ING that on which proceedinpa ara ranuira