The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-01
HOLD-OVER SENATORS.

In the state senate which met in 1895
the five new counties created in 1898
were duly represented each by a sena-
tor. 1t was the duty of the senate to
classify the five new counties into
senatorial districts by lot, in accord
ance with q paragraph of Article ",
section 4, of the state constitution,
which says:
1t shall be the duty of the first legisla-
tive assembly to divide the state into
senatorial and representative districts,
but there shall be no more than one sena-
tor from each county. The. senate shall
be divided into two classes. Those elected
from odd numbered districts shall con-
stitute one class and those elected from
even numbered districts shall constitute
the other class; and when any addi-
tional senator shall be provided for by
law his class shall be determined by lot.
One-half of the senators elected to the
first legislative assembly shall hold Of
fee for one year and the other half for
three years; and 1t shall be determined
by lot Immediately after the organization
of the senate whether the senators from
the odd or even numbered districts shall
hold for one or three years.
Pursuant to the foregoing, the senate
on Feb. IL, 1895, adopted the following
resolution, which was introduced by
Senator Greene, of Jefferson county. a
republican:
Resolved. That for the purpose of COM
plying with section 4, articleV. of the con-
stitution of Montana. the secretary of the
senate be directed to write upon separate
slips of paper the names OF the counties
of Valley, Teton, Flathead. Granite and
Ravalli, and place the same in a hat, and
also to write upon separate slips of paper
the numbers seventeen, eighteen, nine
teen, twenty and twenty-one, and place
the same in another hat; that one of the
pages of the senate draw from the first
hat mentioned the name of a county and
that another page shall draw from the
other hat a number. and that the number
so drawn shall be the number of the SEN
atorial district consisting of the county
so drawn: and that this process shall be
repeated until all of the said counties and
the said numbers are drawn.
The drawing took place with the re-
suit that the new counties were num-
bered as follows: Granite. No. II;
Flathead. No. IS; Ravalli No 10;
Valley. No. 20; Teton, No. 81. Under
this arrangement the terms of the
three republicans. Sigh Of Granite,
Cooper of Ravalli and F1owerree of Te-
ton. expire Nov. 4. 1896, and their sue
cessors are to be elected this fall; while
the terms OF Ramsdell. populist of
Flathead. and Hurd. democrat of VAL
ley. do not expire until Nov. 6, 1898.
1t is said. however. that Messrs.
Sigh. Cooper and Flowerree. do not
acknowledge that they go out of Office
this fall, but claim TO have been elect
ed for four years under section OF
article V. of the constitution, which
says: Senators shall be elected for
the term OF four years. and representa-
tives for the term OF two years. except
as otherwise provided in this constitu-
ton" The last seven words Of this
section taken in connection with the
paragraph from section 4, quoted
above, seems to settle the matter ad-
versely to the claim OF Messrs. Sigh.
Cooper and Flowerree. II is possible
that there is some verbal ambiguity.
the wording OF section 4 as regards adj
ditional senators is not so clear and
explicit as could be desired: still the
intent Of the constitution that the
terms OF one-half the senators should
expire every two years is perfectly
manifest. and the courts would I'M
doubtedly so hold. Otherwise. with the
further increase OF new counties there
would be no harmony whatever i'm the
expiration of terms. the very principle
upon which duration Of office I'm the
IL Messrs Sigh. Cooper and Flow
erree insist upon the claim that they