The Helena independent., 1894-09-25
THE CAPITAL IN COURT.
The Supreme Court Called Upon TO
Decide a Question Relating
TO H.
Under Which OF Two Laws Shall
This Falls Election Bs
Conducted 2
No EIsotloa for Com mlaslansrs In the Ola
Counties This Year -Prsssat oom-
missloaers Hold over.

The anpFemo court is called upon 10 do
eide which OF two laws should govern tho
voting on tbs question OF the permanent
location Of the seat OF government Of Mon
tana, Tbs question oomss bsforo that
court upon the relation Of @. II. Lloyd. a
resident OF Silver Bow eoupIy. by his at
to'noyu. q. W. Btaploton aud Jude, Kirk
patrick, OF Butte. Mr.. Lloyd yesterday
applied TO Tho supreme court for a writ OF
mandamua ordering tho secretary OF state
10 obey the law OF the territory OF Mon
,ana. approved March Is. 1889 entitled IAN
act 10 provide for printing aud distributing
ballots al tho public expense and 10 Eegu-
late voting at territorial and other slee-
tioos."
Mr.. Lloyd alleges that the secretary OF
state will, unless otherwise directed by the
supreme court, proceed In the matter OF the
capital election under the provisiona OF tho
act OF the legislature Of ,bs state Of Mon
tpnn, entitled IAN act providing for the
submission Of tho question Of tho psrma-
nent location Of the seat OF govern mont"
approved March G. 1891, which act ia al
legged by Mr.. Lloyd 90 bs unconstitutional
and invalid. and that said act OF Match Is
1889 10 the law which should govern the
action OF the secretary OF state in the sab
mission OF the question TO the electors Of
the state. and under which said secretary
Of state should procssd TO perform the
duties required Of him By Law.
Secretary OF State Ro,witt In the capital
election two years ago. proceeded under the
law approved March 9. 1891. and intended
to follow the same Law again this year.
Yesterday Mr.. stapleton and Judge Kirk
patrick appeared before him. and after
learning his discrimination In the case made
formal demand upon him TO ignore the
law of 1891 and proceed under the low ap-
proved March 49, 1880. Secretary Ro,wil.
upon ths advice of Attorney General Has
ksll, refused TO comply with the demand,
and the application for n writ Was nt once
made. The secretary will mako r0turn Of
the writ nt noon to-day, and his
answer will be that hs 10 acting under the
law of 1891. bslisving IL 10 be in force and
effect, having taken tue place of the law OF
1889. The case will be argued Thursday AZ
two o. o'clook.
Tho law OF March l3. 1889, provides that
IL shall be the duty Of the secretary of state
not less than thirty days before said cleo
zion last above named 1892 20 certify TO
the clerk Of eneh county In said state Of
Montana the said question OF the choice of
the place OF tho permanent location OF tho
seat of eovsrnnent. and that ID ID made the
duty of ths clerk of each county OF said
state 10 include the ssms in tho publication
which he 10 directed TO make. II 10 farther
provided bv said act that the clerk OF each
county shall havo printed on the regular
ballots provided for said election ,he capi-
tal question In such form 90 will enable the
elsotors 20 vote thereon.
| The law approved March Q. 1891. under
which the secretary OF state acted In the
capital election In 1892, required him 10
have printed q separate ballot for the vote
on the capital question. and TO provide five
such ballots for every voter In the saate
and distribute them 10 the several county
clerks. Believing this 10 be the Law OF the
state secretary Rotwitt refused to comply
with the demand of NJ. Lloyd, and Mr..
Lloyd applied 70 she supreme cout
10 10 an interesting speculation as 10
what would be the effect OF a decision by
the supreme court that ths law OF 1889 gov
erns, and not the law Of 1891. The latter
law actually did govern In 1892 and II tho
election Of 1892 was not properly held,
where are wei