The Kalispell bee. [volume] (Kalispell, Mont.) 1901-1901, 1901-03-27
EXPLAINS HIS VETO.
Of the Apportonment Bill and Estab
fishes Constitutional Grounds for
His Action,

veto of the apportionment bill. Gov
ernor TOOle makes deductions from
the standpoint of lawyer as follows:
81 regret that l am obliged to az
sumo the responsibility of passing
upon the validity of this measure, but
it is so evident that the apportion-
ment made is not in conformity with
| the constitutional requirements that
| it would seem to add unnecessary
complications and invite unnecessary
| litigation to allow it to become
law Briefly the facts are these:
"Jan 81. 1901, law was passed
creating Powell county out of Deer
Lodge county. On March s, 1901,
the name of Deer Lodge county was
changed to Daily county and on the
same day the name of Powell county
was changed to Deer Lodge county.
On Feb IS, 1901. senate bill No. 81,
an act to provide apportionment of
membership and representation of the
several counties of Montana in the
house of representatives. etc, was in
troduced and subsequently on March
T, 1901, the last night of the session,
was passed and presented to the gov
ernor, and is now the bill under con-
sideration. 1t gives Beaverheal
county two members, Broadwater
county, one member Carbon county
two members, Cascade county seven
members, Choteau county three men,
bers, Custer county one member. Daw-
son county one member, Deer Lodge
county four members, Fergus county
two members, Flathead county three
members. Gallatin county three mem
bers, Granite county one member, JEFF
ferson county two members, Lewis
and Clarke county five members,
Meagher county one member, MissoN-
two members. Powell county one men,
Der, Ravalli county two members,
Rosebud county one member, Silver
Bow county twelve members, Sweet
Grass county one member, Teton coun-
ty one member, Valley county one
member, Yellowstone county two
members.
From this it will be seen that Deer
Lodge county, formerly Powell, has
four representatives and Powell
county. county not in existence, has
one representative and DAILY county
has none.
authorities are ample to show that
an apportionment which provides rep.
resentatiOn for a county not in exist.
ence. or omits one in existence is not
an apportionment of the several coun
, ties of the state, as indicated by the
title of the bill or provided for by the
constitution and as held in Balentins
VS.. Wiley, governor, etc, 81 Pac. Rep
1914, such law cannot be separated
. SO as to make one part good and an
J.. other part bad. but must all fall to-
gether.
If this alleged apportionment fail:
the inequalities of representation will
not be as fragrant as they would be
if it became law. Under the old ap
portionment law Deer Lodge county
, had six representatives and every new
county created was entitled to one
representative until otherwise provid
ed by law.
This law would continue in force
until apportionment was made. but by
: a section in the bill changing the
name of Deer Lodge to DAILY it is ex
t pressly made applicable to Daily coun
, ty. Section of the act is as fol
lows:
The change of name herein pro
vided for shall not impair or work
: a forfeiture or alteration of any vest
Y ed rights and all laws of a general OF
: specific nature now affecting or apply
ing to Deer Lodge county shall here
after apply with equal force and eff
\. feet to said DAILY county,
THE same section is contained il
the bill changing the name of Powell
Il county to Deer rodge. whereby laws
, now applicable to Powell county (tha
t. of March 6. 1900 apply to Deer Lodge
II county The result will be that wha
is now DAILY county will appear tt
have six representatives in the mex
- house and that what is now Dee
e Lodge county will have one represep
tative as newly created county.
Some question may arise as to the
II constitutionality of the acts changing
y the names of these counties. Whether
Q. constitutional or not, the result wouli
h. be the same; the old law would apply
II would follow that Custer count,
. would appear to have two instead o.
u one. as provided by this bill, and Rose