Year: 1867

they fully that the same is entirely free


from objection and committee believe that
rency would be greatly improved by the substitution


therefor of the gold and silver of the United States


and this connection would recommend that the Iegi.


ature memorabilia Congress for the purpose ofestabls


ing branch mint in this Territory and with this end in


view, your committee would respectfully offer the


ed JOINT memorial for consideration which we


heve the reasons set forth fully demonstrate the necessity
of such establishment.


Fl Your committee would also respectfully submit that


they fully concur with His Exceency, the Governor in


his views concerning the advantages be derived by


this Territory from such legislative action will induce


eastern capital to seek investment In rich mineral


ode and also believe that the advantages be derived


from the development of these mines ncalculable;


but your committee beg leave most respectfully differ


from His Excelency in the in which this great


desideratum could be accomplished and beg leave to
suggest that whether the cost of investing the rich


quartz lodes of this country be calculated in gold
greenbacks the actual expenditure of value would
ern capitalist.


Your committee, believe, however, that we can by


legislative action secure this desirable result bv other
means less Objectionable than the passage of law
tempting regulate the currency of the country,
would recommend the passage of good general incor
cure when properly invested; taking care however,
restrict the provisions of the that they may be
injurious to the great of our people, allow
eastern capital to monopoize all our rich mineral
lands.


Your committee further believe that great draw
back to the investment of eastern capital in gold and
silver mines from the fact that country po-
litically unsettled and laws uncertain, because
within the control of the Federal Government, and
Congress has fit interfere with local laws and


institutions, thus seriously affecting the investment of
capital under those laws and remedy this of
political chaos your committee recommend the adoption
of joint memorial Congress, asking for Enabling
Act empower the Territory of Montana to call con-
venton for the purpose of framing Constitution for
State Government preparatory to It's admission into the
Union.


Here your committee desire to call your attention to
that portion of the message which recommends the
actment of the laws annued by Congress, and in
siderng this it will be well examine the known
the annulment act and inquire which Congress in
tended to give us the power to re-enact


The first section of this of Congress which
into force March 3D. 1867 provides that after that date
the Legislative Assembly shall not grant any pr
vate charters special privileges and in section g. all
passed at the of Legislature held 1866,
declared null and void except such the Legs-
ature therein authorized might by special in each
re-enact.


1t would seem then under these two provisions that
intended to annul all acts whether public pri-
vate but from the fact that the first section the act
which applies all the Territories prevents the Legisla
from granting any private charters after March
3D. 1867 would that the saving clause in section
would apply particularly to private acts passed
prior March I'd, 1867, and which again be
granted anew than general laws, which this Legsa
would have undoubed authority to re-enact had
this saving clause, "except such acts &c, never
been introduced


1t was no doubt the intention of Congress- well
those politicians holding Federal appointments In this
Territory, through whose influence this annulment
procured abolish all acts whether general special;
perhaps with view the part of the aforesaid judicial
politicians to have particular laws peculiarly OBJ
noxious themselves, and which they would dared
to have asked to be annulled separately.


1t is the opinion of committee that Congress
msled by these would be friends of our Terrtorythese
gentlemen in ermine and that these laws
nued because they bad laws; for the very act
which annuls, provides that this Legislature may
enact. The question then naturally arises why is this
wholesale overslaughng of the will of the people of Mon
expressed through their Legislative Assemblies
In to this, your committee wond beg leave to
call your attention the fact, that in the laws passed
by the first Legislature the only that allowed
stand books there to be found
page the Bannack Statutes, of which the fol-
lowing is copy of section one


l. of following
by increased, In addition the already provided
by the U. s. Government, follows to the Governor
and each of the Justices of the Supreme Court the sum
of twenty-five hundred dollars" DC.


This act repealed by an act of the second Legis
lature which annulled and it may be found page
of the printed copy of the acts of said Legislature


Section of this act is as follows: ,


SEC Be it further enacted That all acts and parts
acts passed the last session of the Legislative AS
sembly of the Territory of Montana, allowing additional
or any compensation to the Governor, Judges of Su
preme District courts members of the Legislative As
sembly or any officers of the Council House of Rep
othis Territory, be and the here
by repealed