The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-11-18
MORSE AND BEvER ARE STILL
AT SEA.
WHAT THE LAW PROVIDES
Constitution and Political Code Con.
tain Provisions for Special Elec-
ton to Fill Vacancy.
Mondays Daily Gazette.

So far as concerns the taking of
any action in the direction of bringing
the matter to a focus, nothing has
been done by either Mr.. Bever or
Mr.. Morse with reference to the tie
vote which prevents both from laying
claim to the election of representative
from this county. Both have consult
ed lawyers and both are as much at
sea apparently az they were before.
The position in which each finds
himself is complicated by the fact
that neither one is absolutely at lib
erty to consult his own wishes and
desires exclusively. Each feels that
he is under Civilizations to his party
and his own preference must be made
subservient, in a measure at least,
to the wishes of his party. Unless
something transpires to cause them
to change the attitude each now main
tains it will probably devolve upon
the governor, when notified in the
regular manner, to call a special cleo
ton to fill the vacancy now existing
in the county's representation. While
the executive has received private
information concerning the matter,
he cannot act until officially notified
that such a vacancy exists. In the
Helena newspapers he is quoted as
saying that when so notified he will
proceed to issue the required procla-
nation.
Both the constitution and political
code contain provisions covering the.
matter and prescribe the manner ini
which the governor shall act.
Section As, article 5 of the constitu-
ton says:
when vacancies occur in either
house the governor or person exercis-
ing the functions of governor shall
issue writs of election to fill the
same" +
Section 1103 of the political code
contains the following provision: So
whenever a vacancy, or failure to
elect by reason of a tie vote occurs
in either house of the legislative as
sembly, the governor must at once
issue a writ of election to fill such
vacancy"
By writ" of course, is meant a
proclamation the same as in a general
election.
The law further provides that when
officially notified of such vacancy the
governor shall within 10 days issue.
a proclamation for an election. The
course which must then be pursued in
regard to the matter is exactly the
same as though no election had been
held. Official ballots must be provid-
ed by the county, the necessary cleo
ton officers appointed and polling
places designated. In this instance
it is estimated that the cost to the
county will be somewhere in the
neighborhood of $500 or 5000.
Another question that has arisen in
connection with the matter is the
manner Of officially notifying the gov
ernor, as it does not appear clear how
this is to be done.
In accordance with the law County
Clerk Carwile last Saturday forward
ed a certified abstract of the returns,
as shown by the equity board of can
vassers, to the secretary of state,
which official is made the custodian of
all returns until the state canvassing |
board shall meet on the first Monday |
in December to canvass the vote of
the state. The existence of the tie
will then develop officially and the
presumption is that when the gov
ernor is notified of the fact, such mott
fcation shall be official as contem-