The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-02-22
HERE'S n NV MOSES.
He Il Hard at WORK Making Laws for
Montana.

He Is Hard at WORK Making Laws for
Montana.
Special Dispatch to the Standard.
HELENA, Feb. 21.-When the house con-
vened this morning Chaplain Shippen
took a new tact in his appeals to the
throne of heavenly grace. He thanked
God that this country had its Washing
tons, Lincolns, Grants, Shermans, Sheri-
dams and other great men, and that the
house of Representatives had Moses to
lead it out of darkness into light. Who is
the "Moses" referred to is still matter
of doubt, but it is supposed to mean
Booth, who has undertaken to lead the
house through the piles of legislation
awaiting consideration at the head of n
steering committee"
Booth offered the following resolution:
WHEREAS, There remains only II days of
this session OF the leg .slatlye assembly; and,
WHEREAS. There is a great number of house
and senate bills now in possession of the several
committees. upon which no report has been
made therefore be it
ReSOlUcd. That all standing.and special
tees OF the house be and are hereby requested
TO present to this house, at its regular session
on Saturday, Feb. %, 1896, reports on all bills
now IN their possession.
On motion of Paschal, this resolution
was adopted.
Shropshire, chairman of the special
committee appointed to decide whether
the legislature should sit GO working or 60
calendar days, reported as follows:
Your committee have had some difficulty in
determining just what rule OF construction this
legislative assembly should place upon the con-
stitutionai provisions respecting the period of
the session of the assembly, but has come to
the conclusion that the assembly should adopt
a rule of construction and act upon it, and we
have come to this conclusion for the following
reasons:
The constitution provides that "No session of
the legislative assembly after the first which
may be 90 days, shall exceed co days" Tho
question has arisen whether this provision con-
templates 60 legislative working days or 60 con-
secutive days. Strong argument and plausible
reasons can be adduced in behalf of both con-
structions. and We have found eminent author
ity for both.
The committee after citing cases of like
nature in Arizona, Alabama and Illinois,
in which the supreme court maintained
that the constitutional provision meant
60 working days, continues as follows:
Inasmuch as this legislative assembly may be
the Judge of its constitutional powers in the
first instance, and as no great public interests
are involved. we do not think that these decis-
ions should control the action OF this legislative
assembly in arriving at conclusion in this
matter. especially in view of the fact that the
ablest opinion delivered upon this question was
by a divided court one judge dissenting in
very able opinion, which shows very clearly
that there are abundant reasons in supper, OF
the construction that this provision OF our con-
stitution evidently meant 60 consecutive days.
This view of the dissenting judge has been up
held by Attorney General Miller Of the United
states and o.her eminent authority as well.
We believe in the views of the dissension as
being more reasonable upon the constitu ional
with the practice which has heretofore obtained
in this state. We are OF the opinion. therefore.
that, by constituting this provision of our constl-
tuition 10 mean co consecutive days as the period
OF the legislative session, we shall be within the
law, and that this construction OF our consttu-
tonal powers would not be disturbed by the
courts, inasmuch as il could not be said that the
legislature had exceeded its authority or abused
its rights in ,hus exercising the power In view
of the foregoining facts we are Of the opinion
that this legislative assembly cannot legally
continue in session beyond midnight OF the 7th
day OF March next, and that 1t shall adjourn on
or before that hour
As to the per diem compensation to which
the members may be entitled, we would say
that. if the session is to be considered TO con
time only GO consecutive days. then the men,
bers should receive compensation for co con-
secutye days and no more. We therefore beg
leave TO submit the following joint resolution:
RcsOlrcd. BY the house OF representatives. the
senate concuTTing. that IL is the sense OF this
legislative assembly that the session thereof
cannot continue legally beyond midnight on the
9TH day OF March next, and that the respective
houses do adjourn on or before that hour. That
the members are entitled 10 per diem eompen-
sation for 90 consecutive days, beginning with
Jan. :, 1895.
The report was received. the committee
discharged and the resolution adopted.
Tatfr,,ar's hill IN rraafa n la~al rafa -
interest and 10 prevent usury was passed
this morning By the following vote: Ayes,
.; nays, D.
Other bills 10 pass were as follows /:
Lciscr's bill relating TO city ordinances ;
Reynolds bill relating TO contract labor
by municipalities Brosnan's bin TO legal
ize certain purchases by the city of Great
Falls: Hoffman's bill relating to toll roads