St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-01-03
The Auditor Of Montana EX-
ceeds His Authority to
Gain a Point.
Refuses to Swear In Hamilton
Although Holding a Ger
tificate Of Election.
The Democrats and One Pop
uIist Leave the House
in the Cody.
Republicans Organize the
Body with One Short
Of a Majority.

Srecial to the Globe.
HELENA. Mont, Jan. 2. To-day was
The date for the meeting of the Mon
lana legislature. AS expected for the
past week. there was trouble in
the organization of the house. I'm
der the law the state auditor is
The Official who is required to call the
roll of the house. Before proceeding
Auditor Cook announced that, while
Hamilton (Democrat), of Choteau, held
a regular certificate OF election, he was
aware of the existence of a writ of man
damus, issued by the supreme
court, which adJudged HamiIton's
certificate as false. As Leech, who
would be benefited by the supreme
courts decision, had not presented to
him any evidence of his election, he
said he had determined to omit both the
names of Hamilton and Leech from the
roll. When the members were sworn
Hamilton Advanced
10 the bar to take the oath, with his GER
tifcate in his hand, but the auditor would
not administer the oath and threatened
to call in the United States marshal to
remove him. The Democrats sprang to
their feet and warned the auditor
10 be careful. ana for moment
a conflict was imminent, but Hamil-
ton took his seat and the other members
were sworn in. With Hamilton elimi-
mated and Davdson,a Democratic men,
Der, not present OH account of sickness,
the house stood twenty-five Demo-
Gratis, twenty-five Republicans and
three POpuliSts. Two Of the
Populists went over to the
Republicans and one to the Democrats,
giving the Democrats 26 votes and the
Republicans q. The statute provides
that after the auditor calls the roll, his
duties are at an end. Today,
however. he kept the chair
and called on the house for
nominations for temporary officers. The
statute provides that the oldest member
in service shall do this. The Demo-
Gratis and the one Popuiist, when they
realized that Auditor Cook was carrying
out what they conceived to be
Well COncOcted Plan.
got up and left the twenty-seven Repub-
licans behind. AS there are tifty-tive
members OF the house, this left the Re-
publicans without quorum, but they
nevertheless elected Popuist Mat
thews temporary speaker, tenn
porary clerk and sergeant at
arms, and then adjourned till p. IN.
tomorrow. The Republicans hope by
that time to have Leech, HamiluOn's
opponent, in town with certificate,
issued by the county clerk OF ChOteau
county, before the recanyasS there IS
completed. The senate was organized
without trouble by the Democrats, who
have a majority of two in that body.
Committees were appointed to notify
the governor and house that they were
ready for business. There is great i'll
dignation expressed both by Democrats
and citizens generally at the action OF
Auditor Cook in refusing to recognize
the certificate of election Of Hamilton.
Mr. Cook gave the following reasons
for his course:
Auditor Cooks Position.
In the duty of calling the members
together is involved the further duty of
examining the prima tacie evidence of
such election. and arriving at the coll
clusiOn therefrOm as 10 the person aD-
pearing from such evidence to be elected.
/ am embarrassed by the papers which are
presented to HE as to the election OF one
OF the members from the county OF
Choteau. A. B. Hamilton holds the
certificates. properly signed. and snow
ing that ne was elected. / am also pre-
scented with a writ OF mandate, peremp-
tory in its tones, issued out of the highest
court of the state, which adJudges IN et-
feet that such paper IS false and was az
bitrarily issued by such board without
right and requiring the issuance OF an
other certificate to Eugene &. Leech,
showing that he was elected as mem
Der from that county instead of Mi.
Hamilton. but for reasons not necessary
10 be recorded such certificate is not yet
issued.
Afraid OF the Court.
1t would be. in my view, disregarding
the determination OF the supreme court,
ll0QG uDOll lAll IEdllLS Vi Ll4C nlaLLEl.
upon the duty of the canvasslng board,
and yiolatiYe Of its Judgment. for me to
hold such certificate valid. and l
did not call the name of Mr.. Hamilton
Mr.. Leech, by this decision. will be en-
titled to evidence that he is a member
of this body, but he has not pre-
scented such paper. and ! do not think
l can anticipate its reception. therefore
did not place his name on the roll, but
will leave the perpleXing question for
the tifty-four remaining members OF this
house 10 determine"
The Statute
giving the organization of the house
says:
The certificate of election from the clerk
OF The proper county shall be held and con-
sdered as prima facie evidence of the right
10 membership OF the person certified there
in TO he elected for all purposes of oTganiZa-
ton Of either branch OF the legislative as
Eembiy.
Under this law Cook is held to have
acted in a revolutionary manner. and
ne will be mpeaehed by the Democratic
senate and removed from Office. The
Democrats Will also have three con-
tests in the senate, for which
thew have good grounds. The ac-
ton of the Republicans in voting
temporary organization today can
have no valid force, as the constitution
expressly says that a majority of each
house shall constitute majority to do
business, As the Republicans
jrganized with twenty-seven members
md twenty-eight is majority,
Il is sure the work they attempted to dc
oday Will count for nothing. The Dem
Icratic members Of the house have been
caucus all the afternoon, but what
hey have concluded TO do is not known.