The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-27
IT'S ONLY APPARENT
Much Of the Alleged Confusion in the
Codes Doesn't Reilly Exist.
LETTERFROM THE GOVERNOR
Upon His recommendation the
"Omnibus Bill" Was Passed and
This Straightens Many Mat
ters Out Satisfactorily.

To the Editor OF the Standard:
Inasmuch as the Standard has taken
great deal OF interest In the matter of
an extra session. take the liberty Of
calling your attention to certain points
that seem TO have been overlooked by
the advocates OF a cali. The chairman
OF the code committee OF the fourth leg
fslative assembly dwells at length up
on the numerous discrepancies and
contradictions discovered IN the sew
erai codes. IN an article In your issue
of Sunday. and lays the foundation for
an argument in favor OF reconvening
the legislature In extraordinary session
90 correct the errors pointed out.
Two facts. however. should govern
the Investigator who wishes to analyze
this question strictly upon Its merits.
While am not a lawyer they seem too
evident to be ignored IN the considera-
ton OF this matter. First. under Title
Nv. OF the Political Code. appears what
Is familiarly termed the Omnibus
BIZ" law that enumerates such acts
OF the third legislative assembly as are
not displaced by the adoption OF the
codes as reported from the code COM
mission at an earlier date. I recon-
mended this preparation and passage OF
such bill to reconcile any apparent
contradictions which might be discov-
cred later on. and q Is evident that this
bin will serve the purpose intended.
Otherwise the adoption OF the codes as
reported might have worked the repeal
OF the laws conflicting Herewith that
were passed by the third legislative as
senrbly. Section 5ls5 expressly declares
that II any act or part of an act Is in
conflict with the laws passed by the
fourth session the latter shall be con-
strued as repeating the former Thus
tt would seem that In so far as the
third and fourth sessions are concerned
the relation OF the laws enacted to
those I'm the codes as reported and
adopted n perfectly plain. and the solu-
ton OF the problem OF contradictions Il
readily made.
The second important fact has TO do
with the contradictions for which the
fourth legislative assembly In wholly
responsible. being confined TO the acts
Of that body. Some OF these have been
pointed out to me. as. for instance. tho
section that provides for the ebection
term. etc. The courts have long since
dure In such cases and the contradfc-
ton Of terms Is more apparent than
-eal Time u the essential and the
mayor elected for two years win serve
out his term. the annual election not
Involving tine election of such an on
Ger w,hen there Is no vacancy under the
law. The same rule as to time being
the essential win doubtless apply a. 20
the relation Of two separate acts IN ap-
parent conflict. and determine tho law
in tho order Of ohe enactment Of tha
billD.
whf1s the lawyers and the press cam
not zoo fully debarc this question am
not impressed at this time with tho
urgency Of an extra session. The fore
going points n wen taken would GER
tadnly seem 70 do away with the neces-
sity for reconvening the legislature at
great expense to the state. 1t fs true
that In other states the adoption OF
codes hasoften necessftafed a reconven-
ing OF the legislature. for all the great
problems OF government cannot be
grasped by the finite mind In so days:
but the passage Of the Omnibus Bfll''
placed the work OF our Legislators upon
a more secure footing.
That which has given me the most
concern n the matter of tire registra-
tion law. In the opinion OF some. tho
apparent contradictions might invalf-
date the election of 1895. and lead TO
great confusion In the affairs OF state.
However. the omnibus bill'' above re-
ferred to again comes 10 the rescue.
enumerating among the acts OF the
third legislative assembly the one per-
tanning 10 registration and the preven-
tbon OF frauds al elections. as follows:
AN act TO amend an act entitled. An
act 90 provide for tho registration of
the names OF electors and % prevent
frauds at elections approved March 8.
1889. approved March s. lsss-" Any pro-
vision IN the codes In conflict with tina
foregoing - imperative. Therefore the
registration law under which the last
election was held VIII be operative next
year. and no serious complications need
be anticipated from any contradictions
found In the codes as they came from
the hands of the committee and weru
adopted by the legislature.
Respectfully.
J.. Z. RICHARDS,
Governor.
Executive Office. State OF Montana.
Helena, Nov. 25. 1895.