The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1917-02-13
TUESDAY MORNING, FEB. 10. 1917.
THE MINER AND MR.. QUITS.

Speaking frankly. The Muscular is surprised
that newspaper Of the standing of the Miner
should attempt to gloss over and condone, and by
the rankes, kind of subteruge and sophs,ry try and
make it appear that the appointment of William
Cuts member Of the legislature Of this state, is
authorized by any provision of law.
We do not believe that any lawyer Of standing in
Montana over his signature. will say that Gov
Stewart had the slightest constitutional warrant
for this heretofore unheard of assumption Of the right
to "appoint" member Of the law making BODY of
our state government
he exlgencles OF the occasion must indeed have
been seemingly desperate to have induced the gov
ernor OF a state to have taken such bold sep in
the face of the plain provisions of the constitution
that he has taken his oath to support and uphold
Personally the governor is ikeable gentleman.
he MlssouEan only explain his recent act of
PLAIN usurpation Of the functions of governor by
the generally accepted belief that he must have been
acting under great personal solicitation and pressure
But in attempting to explain and defend the ZAP
pointment' of Cuts. the Miner, either in an effort
to deliberately msead or in ignorance of the law.
says:
NO one, the Miner takes it, will contest
the absolute right of the governor of Mon
tana to fill n vacancy in the United States
senate between general elections, and yet it
is found that The Muscular objects to the
executive exercising the same prerogative in
relation to nominating person to fill an
uncXprcd term in the far less important
Legislative assembly of Montana"
OF course no one disputes the absolute right of
the governor of this any other state to fill va
cancy existing, between elections, in the United
States senate, BECAUSE THE FEDERAL
STATUTE EXPRESSLY GIVES HIM
THAT RIGHT.
But the president Of the United States has no
right or power to appoint member of the congress
OF the United States nor has the governor of state
any right or authority to appoint member of the
legislative branch OF his state government
Under original theory of the federal govern
ment, the senators were supposed to be ''ambassa
dors OF the states hey were not to be elected
by the voters and could not be until the passage Of
the recent federal constitutional amendment
| he senators did not represent the people" but
the states. In the event Of vacancy between
The meetings Of the states legislatures, the governor
OF the state authorized to fill the vacancy.
But nowhere in the federal or state constitutions
has the executive ever been given power by the peo
pie to appoint member OF the coordinate egs-
lahVe branch OF government. In fact, the whole
theory OF tree government has been that the egs-
latNe and executive powers in the state and federal
governments must be kept free from control, one by
the other.
Imagine for one moment President Wilson at
tempting to usup the power Of the federal legislature
by the appointment OF member of congress, in
the lace OF the federal constitutional provisions which
are IN exact keeping with The spirit and provisions Of
state constitution.
Imagine the United States senate or the house OF
representatives calmly accepting and 'tarifyng" such
a revolutionary assumption Of power by the president
of the United States
Now every lawyer in Montana and every hiet
school student in this state knows these Fundamental
provisions of government in every state in the Union
he editor Of the Butte Miner knows these things
Governor Stewart knew these things to be true ane
yet in the face OF the written opinion of the attone,
general of Montana, Governor Stewart, for som,
unknown reason. appoints member of the leg
islature and to the eternal chagrin of every nigh
thinking and women in the state, regardless O
party regardless Of temporary advantage for o
against mining tax law, majority Of the Montana
house Of representatives tamely ratified such unlawful
proceeding on the part Of the governor Of this state
The Muscular cares nothing about whethe
Cuts or John Doe or Richard Roe was appointed
member OF the legislature. or whether the appoine
halls from Silver >, Bow or Lincoln or Mssoul
county. the action taken is the most dangerous pre-
L.. Ill =. i
mission TO statehood.