The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-02-16
WAS MADE UNANIMOUS
The nti-Gamblins Bill Vent Through
the Senate on the P.y.
POMEROY'S CASE HELD OVER
The Senate Doesn't Want to Con
firm Him, but the Senators Are
at sea- he Law on the sub
ject-Bills Introduced.
Special Dispatch to the standard.

Special Dispatch to the Standard.
HELENA. Feb. 15.-The muddle in re
gard to the judicial nomination in the 11th
district still continues to occupy the front
rank in public estimation. Governor
Richards has certainly gotten himself
into n mess with the senate, the outcome
of which is still doub ful. The nomIna-
ton of pomerory was referred TO the judi
ciary committee and they held a meeting
this afternoon at ? O'Clock. There
are five members OF tho COM
mittee, Leonard, Eggleston, Bros
nan, Metzel and Greene. All wers
present at the meeting. Two objections
have been urged IN Helena against the
nominee of the governor, Charles w.
Pomeroy of Great Falls. The first was
that he was not a resident of the district
over which he was named to preside, and
second, that he had not had the experi-
ence as a lawyer nor the qualifications
necessary for judge. Although the re-
port of the judiciary committee has not
been made public, 1T is rumored that its
decision was unfavorable to Mr.. Pome-
roy.
There is no question that the report of
the majority of the committee will be
adopted by the senate and the nomina-
ton sent back to the governor. In fact it
has leaked out to-day that the senate re-
jected the nomination in executive session
yesterday, hut afterwards reconsidered it
and referred the matter to the judiciary
committee. 1t is n matter of conjecture
as TO whether the confirmation of the sem
ate is necessary in this appointment. The
bill creating the judgeship does not state
that the nomination shall be confirmed
by the senate, but merely that the gov
| ernor shall appoint within 30 days.
There is difference of opinion in regard
to the necessity for confirmation by the
senate.
This matter will be governed by the
constitutional provision, which is as fol-
/ lows: Tho governor shall nominate and
/ by and with the consent of the senate APP
point all officers whose offices are estab-
lIshed by this constitution or which may
I be created by law, and whose appoint
| ment or election is not otherwise provided
| for. If during a recess of the senate n
/ vacancy occur in any such Office, the gov
ernor shall appoint some fit person TO
discharge the duties thereof until the next
/ meeting of the senate, when he shall
I nominate some person to I'LL such Office" p"
! The weight of opinion is that as the bill
| became a law on the 9Th of February and
| the 80 days allowed the governor to make
the appointment will expire before the
| adjournment of the senate, that the con-
/ frmation OF the latter body is necessary.
| 1t is understood that Governor Richards
| will be waited upon by delegation from
| the committee before the report is pre-
| sented TO the senate.
The gambling bill went through in great
| shape. 1t was put on it's third reading
| and final passage and passed without a
dissenting vote. All the senators were
present except Ramsdell and Hoffma n
and all 10 of them voted in favor of the
sweeping prohibition of gambling. 1t is
| generally predicted that this bill will pass
! the house by a large majority.
Sligh's medical practice act, No. 26, was
also passed Is to /, Brosnan voting in the
negative. Sligh's bill, No. AZ, amending
| that part of the civil procedure code rela-
| tive to eminent domain, passed without
! opposition, aud Chandler's bill. No. Al,
| for the better protection of fish and game
and the appointment of q board of fish
| and game commissioners. was also
passed, yeas 15, nays 4, Greene, Met ael,
! Power and Steele voting in the negative
| The bill prescribing the duties and COM
! pensation of the employees of the two
houses was referred back to the judiciary
| committee with the recommendation that
| the house amendments do not be con-
| Cured in, and it was voted and the bill
| was returned to the house In its original
| form. Later message was received from
| the house announcing that il receded
! from ITS amendments and the bill went 10
| the enrolling committee.
| House bill 80, tho Hedges bounty bill,
! was considered in committee OF the whole,
| Chandler in the chair. 1t was slightly
| amended and recommended for passage.
Bills were introduced as follows: Sem
| ate bill "a, an act to repeal section lS5 and
| to amend section 1S7 of the civil pro-
cedure code, Feb 10. By Leonard. for tho
! iudiary committee. Senate bill 60. an act
to amend sections 1896 and 1900 of the
| civil procedure code. Feb. 10. by Leonard
| for the judiciary committee. Senate bill
| G6. an act to repeal sections 373 and
| ga OF the penal code, Feb. -, by
Leonard, for the judiciary committee.
Senate bill 67-An act TO amend section
277 of the civil code. Feb. Is, BY Leonarl
| for the judiciary committee. Senate bill
6S-An act to provide temporary accom-
modations for state officers. Feb 10, by
Folsom for the public buildings conn
| mIttee.
Tho senate then adjourned till 10 a. IN.