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The Helena independent. (Helena, Mont.) 1875-1943, November 28, 1889, Image 8

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ThePosition of the Montana Democ^^racy Plainly Stated in the^House of Representatives.
TwoGood Speeches on the Situa^^tion From Representatives^Comly and Wallace
I - . - ... . - I Brier \^kn (.oierilor I ^ i *^I mi Klctlon ^^rtllli ate HM
III T. . . . l| I ii |( -
Theroutine busmena of tun house of n p^reaenUtivcH were broken by . discn^nioii of^aiiumnil interest yesterday afternoon. It^bid lieeti undurHtiMHl t but it resolution,^statin^, tln^ democratic position in the legis^^lative trouble, would In- introduced at the^inorninK session mid afterward Im apM for^Ktilmml discussion by the house. At the^clone of the BorniuK session iniiiicdiiitclv^tH'fore adjournment Mr. ('omly rend the^following resolution
Whereas,The present disoroain/.cd Oon-^dition of the h ernial urn iisscuihly of the^state iit Montana ih yreiitl) to Im- deplored^by all jiii-t and true men and iI citi/cus,^and while we ilo not cinsider that the MM^hern of this house of representatives are in^the least responsible foi such disorganiza^^tion, yet we are prune to believe that a di -^^nut regard for the opniiotiH of the |ssiple^should prompt t hoHe entrusted by the inu^^tile with such p^iwers ami trusts as those of^legislators, to at leust declare their reasons^for present action and then intent ions for^the future, therefore I* it
KcHolved,by the house of repri sentutives^of tbe state of Montana ttutt it iscoiitrarv^and antaKoiiiftic to the principles winch^underlie the foundation of our American^republic to in any manner ree-ocm/,' as rep^reseiitatives m the legislative assembly of a^free |^oplc any person or body of aafaoM^who do not derive their authority to act by^virtue of an election of the |s-ople. That^we characteri/.e the action of returning^hoards as revoluti.iiiarv and subversive ot^democratic institutions und a republican^form of covenum-nt, w ho disft untiling their^ollicial duties in the interest of poiitieaj^parties and ambitious d. in a. oyiles, have^I pressed will of the |s^oplc lit
ignoredthe cipressed will of tin^the ballot I.^i and issued cr ridicules ^ ^t^election to candidates who were not elected^by tbe |^eople and have refused to certify^those who nave received a majority of the^|m^oples votes.
lb-solved.That in the interest of free^coviriilnc.it and for the future welfare of^the people as well as in the furlherance of^justice, unlit, and the protection of the bill^lot box from irres|ionsible rcturiiino boards,^it I., e.mi.i s our duty to pursue the colllse We^have already followed ill the recognition of^our members, and that we base the nnht of^one to act as representative U|miii the fact of^his election by the people lrres|sstive ol all^frauduleiil uid illegal actum of ntannuo^boards, surrounded us they may be bv eel^tificateH and seal, ever MMMMMClDfl the^declaration of John Adams in a similar rase^in eonyreos. ^The ureal seal of the state is^not broad enough to covnr fraud.
Atthe conclusion of the reading loud ..p^plans.' followed. I |Hill liiotloll of Mr. Pen^^rose the resolution was made a s|^ecia!order^for tbe afternoon. After the asHemblinu of^thchotiHc at 1 o'clock ami tbe routine at^roll cull, tile rcHolutioii was soiilii taken up.^Many spectator* were preHeut 111 the gal^^leries and on the floor of the bouse. Anion^^them were ilon. W. A. Clarke, of Untie^and Maj. Maoinnis. of this city.
Whenthe H|s cial order was called lb pre^^sent.itive ('omly ansa- mid said: ^At the^silKUcslion of iiiauv uiembers I drew these^resolutions, which I 1 hulk ^ iiihotly the views^of the members of this house. It is our^duty to be guided bv the lirst IfMl principle^that Constitutes i he unlit of a member to^his scat, that is Ins election by the majority^v.itcuf the people. It ih 11^^^ n that priuci-^pl^ that all form of representative govern^mi nt is founded. We have admitted in our^lorui of ^overniiient that the majority uf^Hie ipiabtied electors shall constitute the^Will of the |M-ople. Only by a majority of^I Heir votes can any one hold u seat m the^home' of representative*. It is ticcfssin y^for ua to impure into the ipucstnm who has^hceii elccti-d. II these returning und cm-^yOWtiuK boards have issued certificates to^members who have not Ist-n elected, it i-^our duty to find who has lecelved the in.i^jority of votea. So [ftf as the pii liuiinarv
1.1 .' 1111 i i ^ *l. of the botly is collCeriled the
firstiiintti r to look, to is die ccitilicales o|^the count \ ch i ks. I lie crll loi'iilcs of tin-^county clerks have MM received and t In^members kjvHUng llieiu are entitled bj |i 40^heats. If I Irene ccrtilleates mi fraudulent^tt is our duty to investigate them. I'ln^matter resolves itself into the question as^to who have been elected by the |sople, not^w ithstamlniL' caiiviiasinu boards. I Ills^|ireciHieiit haa Ihm'H priH.*htimcd at various^tunes in our history. I lie notable pre^cedent occurred niiiliv years lino upon the^HeatniL,^ of several nieiiibi'rs of congress^from New .leis^y.^ II p Mr CoMljf 0 ted^the case show in^; that it was nyht to mi^back ol tin' certilicateH to show that the^vote of the MNMM should deterniiue the^riyht of a representative lii a seat. Con^Untune, Mr. Comly said, ^it was tiiuilty^decided to leave the matter to John IJuincy^Adams, His answer to the projsisition was^'the ureal seal of the state is not broad^enough to cover fraud.' In the state of^Maine in 1*7!! a Mini11 ir en*, la'cum-d when^a returning board MMMMMj of the uuvcr-^nor and council of state threw out the vote^of the city of Cortland 1 think, because two^ItlMMl votes were cast in otic precinct. The^action was similar to that of our returning^board. In the dilemna of the Maine^MMI the unit It-r was carried by a pro^^vision of law to the supreme court and the^case will be found in Maine re|Kilts No, 70.^Ihcsiipiime court decided that it was not^within the province of the ri tuniiiio board^to ^o into the quest ion of the UMtlit] ol^votes. H w as their duty to count the \ui. -^I n cJVt^ lliem anv other |siwer was revolu^tioiiary. Tin court said tin- ipi. sti.ui to Ml^decided was who were eh ctcd to the le^isla-^ture. lfthat returning board has not i d it^its authority and issued certificates ti^wroitK |iers.iiis tnose ,^ .sous wa le MMMItl .1.^tied, and the persons who weie elected had^lights to their suits without eel I inc.lies.^The piMitioii of that house Is tin position^taken by this house. I have said tti.it tliese^reaolutiotis enibisly this principle that the^qualification of a iiiemlier consists in his^i In lion and not in any certificate of any^MtotntlMJ bonnl.^ Mr. CoiiiIv'm remark*^w.re frequently ut-rruuted by applause^Afte- the resolutions had a^ain bi en read,^Mr. Wallace said: ^Thisresolution presents^for consideration the entire controversy ol^the election in Silver How county. Ou^February KMgMi provided for the ad-^inissioii of four new states. An election of^d^ legates to the constitutional convention^was held. tin Maichour terri
toriallegislature p.,ss^d the ele^^-^tioii and reL'i-tr .tion law. liv virtue^of the election ol ttitular I we are^here as representatives ot the state. That^election law providi .1 tor tin conduct of the^i lection of October 1. Mr. Wallace heie^read the election laws auu told how It was
tooperate ^|^ Mihl' county clerks to iasue
certificatesto nieinls-is. Hi' then yave a^well ari'fciik'i d and di failed history of the^priK'eeiliii|.'s of the canvassnii; I maid l in^unsiiately followiiiL' the election, lie K na^^me 11111^ - of tin election in the tunnel pre^^cinct dwelling U]miii the fact that HOof tin
Nlli)ballots issued to the election judk'ea^were returned. Allowing for those |swted^in the booths and a few that were destroyed^the charttesof fraud were simmered down to^two or thnii ballot*, lie said the returning^board refused to oount the Mites of this pre^^cinct. An invest lust ion was refused, the^precinct thrown out and a mandamus was^issued. I In coint. in a filial hnariii^.'held^that the cluiiires were not sufficient to I., v.^tin- precinct thrown out. Mr. Walhic then^showed that the courts order was compiled^with only in part and that the returns went^in '.vi re marked by |s ncil. The certificates^of Silver MM were rtfMMfll when Mr. Wal^^lace said ^ the presi-nt state of affair* is de^^plorable from tin- staud|n^int of i/ikk! gov^^ernment. We are here to maintain a BtM^ciple of uovernuieiit. It is the riyht of^the citizen to declare by his ballot by whom^he shall be |^oveinisi. It may lie said that^mutter* could be mljusl.il. but when vni^make a compromise with wrong; you iftjMI^recognition to the lenalitv of wrotiK. i here^is no doubt of the law emit rolling this n it^t^'r. It Isi'umes iin|sirtaiit to iMMMl^what the pipular voice ia. To this end^machinery is provided The canvassing^boards are machine*. MlthiMJI more. When^thev depart from their inachine dntns^MMtttiMJ is wroiio. This piiint was iiicelv^illustrated by Mr. Wallace bj eomparmi;^the n tin nun.' board w ith the UmM ballot^machine that Is intended to count till votes^as thev are rt-cciv J, ami which, as Mr.^Wallace said, is designed to take the place^of the members of the canvassing board,^lie said: ^It I* the will of the pMMM that^must be arrived at and it is the will of the^|s ople that must control. When a li'tflsla^lure hMMafUiand itwlf it t ikes control of^the qualification* of it* members. Where^can be found the precedent for discardniu^the vote of an entire asm liiblune of people^bMMM ol irrct'iilaritii s of two or three^votes. Those pirtifiilar votes, should be^pureed from the ballot hole* ana cast aside.^I hill is to be done in a regular way by tin^submission of proof*. There is a mar^^velous coincidence in the Maine case^referred lo and in this case. Mr. Wallace^then read from the Maine statutes a com^plete history of the fraudulent attempts in^the election of that atate. Tin argument*^and decisions were niven at length, Icaviuc^llo nsiiu lor doubt of the almost exact^parallel of the lines of action ol the returti-^M| board of llmt state and the state culi-^VaatiMJ board of Montana He continued^^|t must coiiclusivelv MM that there^was a decision of the court wluch required^the cutiviiasill!! board to count the vote of^this precinct. I he vol* should have been^counted that the Hid* of the |snple could^In secllled. tt In n' lire the pnsifs of flallil/^If fraud can he established the fraudulent^ballots will I., cast out. Ilcposilfd in the^desk of Kl (iovemor While were five cer^tllicates. one of them rOllllitlK to Senator^Ib niii ssy, the other* for four di nuH iatic^n presentative*. These ccitilicaU'm were^si. i,i d by Kx Siscretai y W alker, dated^Nov. 4. when the priM'eediliK*^wen- MMMMtel) but they were^not HiKiied by the governor. What the^ih sion or purpose of thi* board was we can^inly conjecture. It seems to me that the^resolution under discussion is proper.^It n coeiiizi s the principles of the popular^t which must be recociiized under all^circumstances. Mr. Wallace'* s|*-ecli was^regarded by all as n remarkably clear state^incut of the law lieariuu uisui the case. The^argument* were placed before the limine in^a careful mid intelligent manner, while tin^iui|Mirtancc of the subject was made appar^^ lit by the Hpeukcr's earnest and impressive^delivery.
I'liitherconsideration of the subject was^inist|*iued and the Iioiikc adjourned until^Kridny at I p. in.
Mr.Penrose introduced a series of reso^bit mils id the mortilii'/ session of the^muse jesterduy, to Im' forwarded us a peti^^tion to coii^ri ss. Sonic discussion followed^as to the advisability of forwarding the^resolutions villiii Isith houses of the legisla^^ture had assembled, but It was decided that^the iuiisirtaiice of the subject demanded^iininediiite attention. The resolution*^were adopted, and if was directed thai tin v^Is' forwarded to Washington. I hey Mi^a* follow*:
lothe Honorable President of the Senate^and Hpraker of the House of lb prescnta-^t ive*:
Wherea*,I he Northern I'acitic railroad^coiiipiiiiy. undi'i the provision of its grant,^^tainM t .tic or the right to procure I it le to a^large area of the mineral bind* of Montana,^embracing a large number of our best gold,^silver. DOppef mid lead piialucing districts,^and. Whereas. Congress, in its grunt to^said railroad company, ha* excluded all^mineral hinds except coal and iron lands,^but has ftill d to di line what arc linn. i..1^lauds within the iin anilU! of said giant and^win reus numerous controversies have^arisen respect nig the deliuitimi of what con^^stitute mineral and whereas, if put-
III* should be Issued to the said
railroadlompiuiv for these mineral lauds^rtified to them for patent by Ihe I lilted^^^!.^ X^ s land ollicers, a treat number of dia-^avered ami recorded mines now in process^i development would be taken from the^present claimants and would not only work^great hardship ami lossof property to indi^^viduals but would also be very dj Ml rolls^totlM milling interest* ol Montana: now.^then fore, we, ymn |s tdinners, tin- house of^repri seiil itive of the slide of Montana, do^MM earnestly pray votir honorable bislie*^to immediately take such steps and enact^such necessary legislation us will prevent^said Northern I'acitic railroad company^from acquiring title to our mineral domain ^^under the provisions of their grantor in^any other manner except a* prescribed mi^del the laws of the I lilted State* relative
hearty*up|sirt to idl meaaures pro|*Mcd^that in.iv Is' conducive to that end.
liov.Toole yeaterday received a telegram^from Congressman Carter asking for an^election certificate to enable him to get hi*^mat in the national house of lepresentii-^live*. The congressman for some unex^^plained reason failed to secure the certifi^^cate before starting for Washington. It^wa* made out. signed by ^iov. l oole and^Secretary llotwitt and immediately for^^warded to Mr. Carter, the governor being^*atistied that the congressman was elected.^Now contrast this honest, straight forward^proceeding of a democratic executive and^the knavish and fraudulent actions iif re^publican conspirators in at tempting to force^regularly elected representative* out of^their scat*. It was within Gov. looh's^iHiwer to make u very annoying and em^^barrassing delay for Congressman Carter^and possibly deprive him of his seat in cou-^gnss for | tune.
Iherepublican senators met again yester-^tUy, There being no quorum present the^usual order of pris ii dings was followed^and the mis ling adjourned until Friday at^* p. m.
Ihe house met at 10 i^. in. Afbr roll call^and a pray, r by the chaplain the n unites^^i le read by the clerk. A recess of thirty^minutes was then taken. At the request of^the s|s aki r Mr. Frank bsik the chair. Tin*^resolutions presented by Mr. 1'enrose were^adopted. I|siuthe motion of Mr. Toole,^Mi. Wallace's resolutions relative to the^silver convention were adopted and upon^motion of Mr. Iluinbcr were wind to the^St. I/otiia convention. Ihe resolution* pre^^sented by Mr. Comly were bud over for a^s|*'^ ial order for the afternoon session.r|^^n^motion of Mr. I'i iiiosi . a n cess until 1 p.^lu. wa* then taken.
Theafternoon session was devoted lo a^discussion of the reeolution* introduced by^Mi I'nuily. The resolutions being adopted^the house was adjourned until I p. m.^Krida).
Nothingmuch was done yesterday by the^rumpers in their dreary back room m the^Iron Front. They met at 10 o'clock and^went into committee of the whole to further^consider the rule* reported by l*m^krny of^the sclcet committee.
Whilethe house wa* waiting for the com-^itiittee of absentees to report, Wing -k .1^leave to make a few remarks. He called at^^tention to the article in Tiik Imikikm.im^which had excited his indignation This^article, he said, was in keeping with every^^thing else w hich had ap|s ared in t hat paper,^mid was an uiiqualih.il misrepresentation^which might mislead many people, mining^whom might be some republicans, to form^t wrong conclusion in regard to which was^right in this controversy. On their side the^matter had not been put before the people^as i uiphatically a* it should be, nml the^commit tec in caucus ought Input the true^facts MM the (sople of the coiintrv mid^he hop d a caucus would Is- held after the^Hireling to consider how this should be^done.
Itayadjourned over until 'j o'clock to^MM afteriiiMin, when it is again^ex|scb'il they will be on hand in^a better Irnuie of mind, tjuite a^number of the ruin|m left on trains last^ui||fa( to spend Thanksgiving at home. The^double MM t,i tin man. HMWM) of the^Iron Front wen 1..eki d vesterday and pasted^on them |ufl 111tie, of paper mi which was^writtui. T'lease go aro iud the buck way^for the Iccjslntuies hall.^ The hall was ai^most deserted, only the janitor and watch^^man being then even Iteruard wa* not be^seen.
mv rile I o^iK^- No. :t, k. ^^r |*.
Amoiv nwHiM M th^* al^ovf^i^mI^^' will bn htia ImuvbiII km^LM Hi i:.MI oVliM-k Ml DhW 1
*a\l('^'t^r- afaaNv HiiwiN oor-^r mU| invititl to Hltt'hil.
141^^H \a*vm. K. of K. ami H.
jAj j. CIS
Xiiias(toodfl thai^sonic nml Ven
tomineral lauds. In presenting this reso-^lilt ion we arc actuaU'd soh lv bv feeling* of^great anvii iv for the welfare ot the citizen*^of our state, iiianv of whom are in gn at^danger ot UviMJ their property wrested^from them by the said Northern I'acitic^company if they are allowed the privileges^of the provisions of tin ir grant M constnn-il^bv t hciii.
I'hcimportance of the silver question to^the interests of Montana prompted Mr.
Wallaceto lllttodtlie the following lesolu
tionsto the bouse vesterday morning.^I'hcv were teli t'l-ipln d t.i the silver cotivcn^lion now in session at St. IrTffriti
Whereas,the National silver convention^heretofore called to assemble at the city of^St. I,oui* in the state of Missouri on Nov.^SH, ls--i. there to consider and devise means^to further and protect the interest* of silver^a* a MM] ami a* a medium of circulation,
hi reuiUrij mmUn to the mmiol
x* deli L'.des auioiig w hom are delegates^duly eiiquiwcli'd and coiiimissioued bv the^ll i eMOUtiveoj Montana to repri Mill the^interest of the state in such convent ion: and^whereas. Molituei lui* of lite j is bifii^slc'idilv and rapklly iMMMiMJ her output
ofpreeioxu netaU, ImImIImj silver, until
sluIm bci'.'iiie one of the cliii ft st if not
thechief eel metal producing mmmhn Ulk
n.th union: and wherea*. of these produc-^tioiis silver in en pie* the foremost place in^its iuiiiiiil' and reduction, giving employ^^ment to thousand* of laborer* and to null^ions of cipit d, and our number of pro-^ducitic; silver ii'iins could mid Would be^mmi) tinns increased could the present de-^preeeiot] of silver Is- removed: ami whereas,^the chief can*' of depre**loli is t he rest I lc-^t ion of its coinage and circulation^us MMMjrt be it eliacttsj that^wc. the house of replesi ntatives,^recognize the importance of the convention^audio deliberations to tbe |s-oi^le of our^^Mte, its |s^wer and the force of its utter^^ances as repic.-m ntuig the rapidly unite lug^interest* and increasing ii sauces of the^west to combat and counteract the gold sus-^taiiiiiiit and silver destioviug c- lutiiuation^of VS. all stria I and the evtrciui cant, that we^extend to them hearty supput in their ef^^forts to sustain and remouitiz.c silver; and^to this end we cull upon tin deh gates n pri ^^st tiling there the interests of our state us^well as all others having at heart the M^perit] of the sdvi t producing distnct* of^our I nion to do all ill theif |*iwer to pur-^HUade the convention to view* luvoriug the^Ulilliuited coinage of silver and to lend their
Km'Ladies ami Oeiitlenieii.^Siiiukiii^,- JaeketM,
KllllDreSH Vests.
ManicureSets.^Collar! Caff Boxes,^Cmbrellas I Canes.
DirectImptirtations ol^ Japa^^nese Silk Handkerchiefs. Em^^broidered Initials. Fancy Bor^^ders^Choice Goods.
BOOdozen Choice Christmas^Ties Just Received, in all the^New Stvlvs and Shades.
ElegantEmbroidered Brocade^Satins and Fancy Silks lot the^Holidays.
OfAll Kinds for Both Ladies^and Gentlemen. Select your^goods early. We will lay them^awav until Christmas
TheHeist opportunity ever Offered in Helena to Purchase a Rh, Well -Built, Warm
convenientsix-room dwelling
WithinTen Minutes Walk of Main Street, only $3,000.
$100Cash, and $40 Per Month Until Paid For.
ASmall Family evitilil live on lower floor and rent the upper floor. The house^ia bo built that partiee liv inn on upper floor would have separate front and rear^entrance*, and neparate BlieiU and outhousee. The offer open for TEN DAY'S^ONLV Knquire of
Km^m 7, First National Hank Building.
ThatI Live in Helena.
ThatI am not a Metuuerof the IiegiHlature.^That I l.tiy my Dry Coodaof HHIMILL A CO.^Thai I inn not on Ihe Water (V mini it tee.^That I have t;ot Home Hard (!ash.
ThaiI ii^enil it at BRUNBLLA ^ ^^ 's.
ThatI am Thankful.
ThatBRUNELL'S trade ik boHMtafi
ThatI am not Breuident of these I'nited States.
1saved money this year bj trading with BRUNKLL
ThaiPeople ffOVJ Smarter every year.
Whenthey are all as smart as I am ami trade with
Iam CIohuio out the st^K^k of the I. X. L BAZAB at tiifuree much
\linre Opportunity is Now (MTere.l to purchase Dry (ioods, Ruh-^barOothlBC, Oanto' Furnishinu floods; Hoots. Shoes, etc.. at iijf-^ures newr baloia olfcreil in Helena. Improve this (iolden Opptir^tunity Don't forget the old stand on
IIyou want to make your Husband A PRES^^ENT ol' a NICE PAIR OF
Calland Select them from our stock,, as we^have a Lar^;e Line in all Colors and Prices.
11^ 1 ' Ot Wt^ni\t|No. .^ ^.. I |.|.er MHln Street.
TheHi nit k Shoe' Man.
OneWork distant from Kach for
nstreet, two^title for
OnLiv nKston street, two Hlooks from^Helena avenue for
Ont'haucer, near liroadway, for
Inthe Broadwater Addition for
ROOMS11 AND 11^,
NorthMain Street, Pittsburg Block.
Entrancefor Ladies ntnl Families One Door North of the Main Kntrance.
22Jackson Street^Below Opera House.^EFO srlll. \ IDT. PROPRIETOR
'CommonSense^ Bobs,
MitchellKami and Spring Wagons,
Tint'siciirhs, Harness, Lap Robes,
Bells,Carriages, Boggles, Ctrts, Ete.
Attention is called to our 5 SIONE^DIAMOND KINO at f.26.
ADIAMOND NKCKLACV at |2.0(X);^another at MM
Asplendid (ieneral iissortiuent of Dia^BMBd Jewelry. Qold and Silver^Watches.
Boys'Watches at MM Kach.
(SoldHead Necklaces of every size.
Wemake :i specially of Kare .iiiil Curi^^ous designs in (Sold Jewelry.
S.^. our Tray of SOLID (SOLD 10N(iK.
111North Main Street. I'ittsbuiJ lilock
w.h. baker ^ co.,
ThanksgivingD^y.^^PR EE-LIT NCH
Kriini11 A. M. to i P. M.
WithCranberry Sauce
Saladsand other Delicacies of the^Season.
KvervUxlvmost OOfdially invited.
' A. .1. KLEfNKN, Propr.
C.B. LEBKICHER,^3d Floor Herald Building,
BooksNeatly Ruled and^Printed. Call^and See what we can do.

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