Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-10-19

committee on railroads and transpOr
tation, and consisted of Landstrum,
Wiedeman, Potter, Sanders. English
and Mulroney. Republicans; Mcdonald
and O'Connor, Democrats; Berry,
Walker and Kennedy laborites, ana
was considered one of the best in the
house. 1t considered them separate
ly and, also. as each bore relation to
The other. Objectionable parts of each
were eliminated; the best of each was
retained. The result was a compo5-
tie structure called a substitute meas.
IRE. 1t passed the house by vote
of &c to 2-Kennedy and Coleman,
lusionists, being the only members 20
vote in the negative.
This substitute measure was sent
/ 10 the senate by vote practically
unanimous. ana there it was amend
ed only in two essentials.
The house had left blanks for the
names of the commissioners. The
senate filled in the names of C. J. Nc
Namara, NJ. l.. Davidson and Nathan
Godfrey. The first named was Dem
ocrat and the others were Republi-
cans. The Madison county members
of the house and senate were instru
mental largely in securing the APP
pointment of Mr.. Davidson, who lives
IN our neighboring county of Beaver
head.
The house had left blank the amount
to be appropriated for the mainten
ance of the commission. The senate
inserted $4,000 as the sum to be APP
plOpriated for two years.
Thus amended the substitute meas
ule passed the senate by vote Of
tg r.,
it. every Democrat against it. The
house concurred in the amendment by
vote of sc to II.
This was Friday morning, Febru-
airy a. Rght there a peculiar Incl
dent occurred; an action probably I'M
precedented. Democratic senators
forced an adjournment until Monday,
February II.
Why?
At the close Of the session, with a
vast mass OF work YET undone, the
senate adjourned for two days.
The peculiar and significant feature
is this: If the senate had been in
session when the house returned the
substitute bill the governor would have
been compelled to send it back 10 the
legislature. with or without his sig.
nature, and that body would have had
the opportunity to pass it over his
head by tWo-thirds vote. To make
this palmer and even more significant:
The house sent the bill back to the
senate Friday afternoon. The presi
dent OF the senate could sign it only
when the senate was in session. The
senate stood adjourned till Monday.
Had the president signed it Friday tEe
governor would have had ample time
10 return the bill with his objections
fully stated. Such was the temper
Of the legislature; such was the be
lief or the members in the absolute
and immediate need Of such a meas
ure that the Republicans would have
concurred in any amendment suggest
ed by the chief executive. Then too,
the governor knew and might have
acted upon the knowledge. that the
supreme court of the state has held
that the uncOnstitutionality of one
phrase clause or paragraph does not
nullfy the entire measure Had he
wanted to fulfill his campaign protesta-
tons, his party pledges, he might
have signed the bill, calling attention
to the fact that his appointive pre-
rogative having been usurped, to that
extent the measure was uncOnstitu-
tional. There would have been 10
criticism. But he did not want the
measure to become "a law
The adjournment provided the nee
rssary delay and allowed the governor,
under the law, to take no action until
after the adjournment of the Ninth
assembly.
Thea he vetoed it.
He vetoed it for no other reason
real or apparent, than that his ap
pointiye prerogative had been usurp
ed by the action of the senate III
naming the commissioners.
This was a vain, a futile, a puerile
excuse, for in his annual message to
the Eighth assembly he stated spec
ideally that in the event of con-
tlngency such as arose two years lat.
er in the Ninth assembly, the appoint
ments should be made by the legisia-
ture. AS further evidence of his in
sincerity, once before he evaded meet
ing the issue. This was in 1903, dur
ing the extraordinary session of the
Eighth assembly. An undivided leg.
lslature petitioned the governor to so
increase the powers of that body that
railroad and warehouse commits
SION bill might be passed at thai SEES
sion. He replied in part as follows:
There may be other matters deem.
ed by some to he quite as important
as this, and to permit This would be
to open the door, which could not be
closed without discrimination and
just criticism
1t was thus, TOO, that he evaded the
Ninth assembly measure.
He vetoed the bill because he did
not intend it should become a law
in any shape
The Democratic senators abetted
him by forcing the adjournment men
toned, because they did not want the
measure to become a law in any
shape.
I They had played a game OF bluff
those Democratic senators and that
Democratic governor, and their hand
had been called. They dared not eX,
pose the cards so they shrielIed Mis-
, deal"
Now, that is a brief and true his
tory of the railroad and warehouse
commission bill of the Ninth legis-
: lative assembly. Ii would be a law
today if Democratic senators and a
. Democratic governor had not COM
bined to nullify the action of the Re-
publican legislature and keep it off the
statutes. The Republicans fought for
it to a man.