The river press. [volume] (Fort Benton, Mont.) 1880-current, 1905-03-01
WEDNESDAY, MARCH /, 1905.
GOVERNOR TOOLE'S VETO.

The first clash between our demo.
cratic governor and the republican
majority in the ninth legislative as
sembly is reported from Helena, a
measure passed by the legislature
having been vetoed by the executive.
1t was not a measure of very much
Importance to the general public, as
it related to the creation of a new
judicial district and the appointment
of Fred H. Hathorn as judge, the
name of the latter being inserted in
the bill by members of the legislature.
In his veto message, Governor
Toole expressed the opinion that the
creation OF the new judicial district is
not necessary-a conclusion which, If
supported by necessary evidence, justi.
fies exercise of the veto power without
further explanation. But his greatest
objection to the bill, and one which he
discusses at considerable length in his
veto message, relates to the alleged
usurpation of the appointive power
by the Legislative assembly in naming
the first incumbent of the proposed
Office.
This controversy regarding the
appointive power is due to a differ.
ence of opinion as to the authority
conferred by constitutional provis.
ions. 1t is provided that: "Vacancies
in the Office of justice of the supreme
court or judge of the district court, or
clerk of the supreme court, shall be
filled by appointment by the governor
of the state" and it is claimed by
some that a "vacancy' exists only in
case of the death or resignation of a
public official. Acting under this in
depreciation OF the requirement, the
legislative assembly undertook to APP
point the first judge of the proposed
new district.
Governor Toole, however, holds
that the law making body is given
only the power to create an Office, and
after a law to that effect shall have
been enacted, there exists q vacancy
that shall be filled by authority in
vested with the appointive power
How that theory applies to the crea
ton Of new counties, with q full com
plement of officials named IN the bill
is a proposition that may come up fol
discussion at some future time. The
views of the governor we're sustained
by a vote of the house of representa-
tives, considerably more than one
third Of the members refusing to over
ride his veto of the measure he con
demned.
1t is intimated from Democrat,
sources that Governor Toole will ais.
veto the railroad commission bill
which has been passed by the legisla
tive assembly, and in which the frs
three commissioners are appointed b.
the legislature. Governor Toole i
said 20 resent the action of the legis
lature in making these appointments
and is being urged by his politica
friends to maintain his alleged RICH
to fill these positions until commits
siouers can be elected by the people.
Viewed from u non.partisan stand
point, the legislative assembly certain
~ appears to have been indiscreet an
unfair in this matter. Assuming tina
1t had the right to appoint the frs
three members of the railroad CON
mission, which is disputed by demo
cratic politicians, the prophetic
would suggest that the appointees hol
Office only until the mex general cleo
ton. If the republican members G
legislature, however, believed it I'D
visable to appoint commissioners 70
terms of six, four and two years,
spirit of fairness should have awarde
the four-year term to the one demo
cratic member Of the board. Thu
would have been something like
square deal, if politics cuts any figu,
in the transaction.
If the railroad commission bill fail
to become q law by reason of its vet
by Governor Toole, a dispute ovt
division of the spoils will be the eau.
of such failure. Republican member
of the legislature have attempted
secure for their friends the best part
the offices created, while our dem
cratic governor-under pretense
protecting his alleged constitution
rights-may contend he alone h,
power to appoint political or person
favorites to such offices. The publ
interests in the matter do not apes
to be considered by the legislati'
and gubernatorial disputants.