The Daily Missoulian., 1917-02-10

IL k/HAA
the governor or the person exercising the
functions Of the governor shall issue writs
of election and fill the same"
| Section 422 of the Revised Codes Of 1907,
provides as follows:
whenever vacancy, failure to elect
by reason Of tie vote, occurs in either
house OF the legislative assembly. the gov-
ernor must at once issue writ Of election
to fill such vacancy
I am therefore of the opinion that the
governor OF this state is without authority
to fill vacancies in the house Of representa-
tives caused by the death of member
Respectfully,
(signed), S c. FORD.
Attorney General
In his remarks upon the floor Of the house yester-
day. when the appointed member from Silver
Bow submitted his resolution. MI. Higgins said:
Il have yet been unable to find any lawyer who says
that the action Of the house was constitutional"
This column Of The MissouIan in commenting
editonaly upon the strange proceedings, uttered no
word Of personal derogation Of the appointed
member from Silver Bow. 1t is not the custom Of
this newspaper to indulge in personal vituperation or
billingsgate when discussing men or measures.
As the gentleman holding the appointment" now
sees fit to indulge in personalities instead Of argu-
ment, may not be amiss to recall the further fact
that his present method of dealing with mooted ques-
tons is also in keeping with his past record in SINH
lar cases.
Some Of the longer time residents of the state may
recall the somewhat notorious case that arose in the
county Of Silver Bow some years ago. when men
were beaten and deported to Silver Bow Junction
by self appointed" committee. which we be-
Geve the present appointed member Of the legis-
laure was also confessedly aiding and abetting.
In passing sentence at Helena on the perpetrators
Of the deed. on January 3. 1908. Judge William n.
Hunt said:
when man any set of men take it
upon themselves to say that they are the
law and to defy the processes of the courts,
to defy the police authority Of the land, to
usurp the authority OF established govern
ment, to upset the very badge of society
in which all live there is power that
will come to the rescue of the man who is
wronged in that way, and that power is the
power that protects you and protects me,
and must continue to afford all protec-
tion. else government is destroyed"
The writer Of these lines has no desire to raise the
personal equation. but in view Of the personal bill
lingsgate INDUCED in by the appointed" member
from Silver Bow county upon the floor Of the house
yesterday. protected by the constitutional right that
is thrown around members Of legislative bodies OF
not being held to answer in any court for words
spoken in legislative debate. are puzzled to know
if the appointed member from Silver Bow enter
tanned the same belief aof "dsreputabe character"
when he and his friends made the written appeal
to the present editor Of this newspaper in January.
1908. to plead with President Roosevelt for a par
don for the Jail sentence which the present "ap-
pointed member from Silver Bow was then
serving.
No, The Mssoulian representative will not be re-
fused permission to enter the sacred hall Of the Mon
tana house Of representatives for its action in dis
cussing the appointment OF the gentleman from
Silver Bow.