The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-08-19

time being and the regular business
was proceeded with.
Al the close ~ the session. and just
before adjournment. a resolution was
offered by Mr.. Carlton. which In as fol-
lows:
Whereas. There are Two persons now
claiming tn bc the state land agent:
and.
Whereas. There are important and
pressing duties requiring the immedi-
ate attention of the state land agent:
and.
Whereas. The attorney general holds
that James NJ. Page Is the legal land
agent. therefore. he II
Resolved. That the said James NJ.
Page he recognized as state land agent
until matters In controversy are deter
mined by the proper court"
The Goyernor-This resolution IL out
OF order.
Mr.. Carlton--li is unfortunate that
this controversy has arisen, hut ! am a
state officer. The attorney general Is
my legal adviser and until such time
as he IL shown IT, he wrong II is my
duty Ia act upon his advice. am not
prepared la say whether he IL correct
ar not In holding that Mr. Page Is land
agent. hut ] am pretty well satisfied
that Mr.. Ncill is not land agent
The Governor Yes. he Is. Mr..
Neill is the land agent.
Mr.. carlton-you say So. but Mr..
Nolan says u. Is not
The Governor law makes him
land agent.
Mr. Carlton II he is land agent. and
Is made 81 by law, the adoption of this
resolution pending the determination ~
that fact by the court will not preJu-
dice him.
The Governor-But II will prejudice
him; and. 50 far as that is concerned.
the interests of the state will not suffer
very much ON account of the present
conditions continuing. as the matter no
doubt will he settled by the courts
about the first OF the month.
Mr.. carlton-The business transacted
before the board AT this session shows
that there are things Ia b. attended To
by the state land agent, do not be-
li-ve. IN your position IL correct. that
the law makes Mr.. Neill the land agent.
he will not be- prejudiced by selecting
Mr.. Page or recognizing him az land
agent until this matter IL settled.
The GOVERNOR will not put this
resolution. u ~ improper. The state
makes Mr.. Nc'll land agent
1 Mr.. Nolan-It is again ease where
the presiding officer is derclict In the
performance of his duty and u IL a
case. likewise where three members III
the board cannot he silenced into ar-
puiescence because the governor is dis
posed Ia b, forgeiful of all rules Of par
liamentary practice.
The Governor Whoever heard oi
anybody except n presiding officer put
ting question where an appeal was
taken from the ruling Of the chair?
A.
heard of because never In the histor,
OF parliamentary proceedings was mn
officer found 81 furgetful ~ the dutle,
that he owed Ia the body over which
h" presided M 10 refuse To put a motion
of this kind. ! challenge the produc.
tion of "A parallel case In the history 81
/ parliamentary proceedings. Al any
| rate. " III. governor refuses To enter.
tain this resolution ". win proceed a.
best We can 10 have the wishes ~ thre.
members of this hoard expressed and
acted upon as against the objection a
one. Tn. governor at "a meeting of this
kind made president by law except a,
presiding officer has not more authori.
~ or influence by reason of his ofiicia
Office than any other member Of thi.
board. The resolution offered as a mo.
tion IL seconded by me
The GOVERNOR refuse To put IN,
motion.
Mr.. NOLAN appeal from the action
of the presiding officer In refusing q
| pui the motion.
Mr.. Hogan-I second the appeal
Thr appeal was regularly put and
sustained by three members NJ III,
board. Nessrs. Carlton. Nolan and uo.
gan voting faVoring same aud there.
upon Mr.. Nolan. upon the governor
refusal Ia put the motion or entertain
the appeal. put lhc motion incorporal
ing the resolution presented by Mr.
Carlton recognizing Mr.. Page as lant
agent. which was carried by three mem
hers voting In the affirmative and IN,
g,N'rnur simply recording u pTotea
against such action.