The Daily Missoulian., 1917-02-10
SATURDAY MORNING. FEB. 10. 1917.
MIR. CUTS RESOLUTION.

MIR. CUTS RESOLUTION
And so Mr. Cults, the emergency legislative ap-
pointee from Silver Bow. wants to exclude The Mis-
soulian correspondent at Helena from the hall Of
the house Of representatives because he reported the
facts in the case Of Mr. Cuts appointment by
the GOVERNOR as a member Of the Montana legs-
lature.
In the light Of previous and current events in Mon
tana history, that not at all strange. In the light
Of all the facts surrounding the unheard-of procedure
Of governor appointing member Of the lesis-
lave branch OF the state government. without au-
thonty Of law, the appointed member from Silver
Bow naturally does not relish the idea Of having
his credentials discussed in the public press.
1t might have been far more effective for the
purpose sought to have made his resolution wider
in scope and provided for the appointment Of an
official censor Of all newspaper reports of the hap
penings at Helena.
Unfortunately for the welfare Of the people Of the
state the soft pedal is too frequently applied in many
newspaper offices regarding the actual, inside facts
regarding many things that transpire at Helena re-
gardmg public affairs in this state.
hoVSSSi' "HSH IudhSiS vi tliC
constitution Of the United States drafted that char
ter Of government in their wisdom they evidently
foresaw that situations would arise where men, hold
ing little brief authority, might for their own peace
and comfort Of mind attempt to shut off all adverse
discussion Of their public acts. They therefore
worte:
Congress shall make law respecting
establishment of religion. prohibiting
the free exercise thereof abridging the
freedom of speech, or of the press
When the trainers of the Montana state constit,-
ton assembled to write the organic law Of the state
10 whose legislature MIR. Cuts was recently ZAP
pointed" not elected-in defiance of its plain
spirit and letter. they also evidently recognized the
fact that some men might some day sit in that legs-
lature who would not desire 'pitiless publicity" as
Woodrow Wilson put it, and therefore they further
guarded against any legislative attempt to Russianize
the newspapers that might SEEK in the discharge of
their duty. to speak the truth regardless Of whom it
might hurt or help. Therefore. they also wrote:
mo law shall be passed imparing the
freedom of speech; every person shall be
free to speak, write publish whatever he
will on any subject being responsible for
all abuse of that liberty; and that in all
suits or prosecutions for libel. the truth
thereof may be given in evidence"
=: y = y +
Now as to the ese majesty that The Missoulan
has committed against The appointed member
from Silver Bow: The Missoulan told the story Of
the appointing of Mr. Cuts by the governor as a
member Of the Silver Bow delegation in defiance of
the laws Of the state Of Montana. The Missou-
Ian again repeats the charge. We do not believe
that in equity or in law Mr.. Cuts is any more a
legal member Of the Montana legislature than he
member Of congress or Of the brckayers union
No state constitution in the Union gives to the
governor the power Of appointing member Of
the coordinate legislative body of the state govern
ment. We have heard stories of making Masons
at sight, in special emergency. but never member
Of state legislature that prerogatve being reserved
TO the people themselves.
If governor appoint" members Of the leg
sature, he also prorogue the legislature Under
this theory Of government the legislative branch is re-
duced to the status Of Russian duma
* u u -
Now as to the facts: When the heretofore un
heard-of attempt TO appoint member OF the leg
isature was submitted to the attorney general b,
Representative Higgins that official submitted tn,
following opinion as to the proposed act being un
lawful and in direct contravention Of the constitu
ton Of the state:
Hon. Ronald Higgins,
House Of Representatives
Helena Montana.
Dear Sir
You have submitted the following ques-
ton:
is the governor authorized to fill. by ap-
pointmcnt, a vacancy in the house of repre-
sentatives caused by the death of a
ber Of that houser'
Section As, article S, of the constitution
Of Montana, provides:
"WLen vacancies occur In eitheI house.