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The Helena independent. (Helena, Mont.) 1875-1943, December 30, 1889, Image 4

Image and text provided by Montana Historical Society; Helena, MT

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025308/1889-12-30/ed-1/seq-4/

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n.iaisoi si mm liii rioN.
Daily(im lmiin. 8nn^1^^ |^T ^i^ar
i't niuuili.
Daily.I-.- tarrier. 1-1 v-ek 7 e^VSV'-Klj tin mivaiii e nil J j) i'i jw....
1M^'i 'a^* no
MM n ((iiorniii^ilulv elected,^l*i-nns rcrtiliej^to the two Iioiim-..
Ithe^but it
tolinve Ix-en^Were Um Remit
ijnortiniof^elect tt^to hold
iiih.i' hi;^^^^- at the rUk ^f mlwcriber oulf*a^e^1- by nxi'ternd tatter. ^ ti^ k nr i ^ jiI or ex-^tnt* ^Tiler |*f^ljlo to Thf Independent I'aliiieh-^i i.t- Company.
nri'iirmMdmtriria Tbi IHOTMH wttM^at their L'^!i:i^- nr pUre*. uf baiuncM rau order li^^(natal i^nl or thrunati telepln.no No. luu. 1'taate^report rum ^f Irretfal.r delivery promptly.
Advertieement..to Ineure prompt inwrtien,^thonl I be handed in BaBM I p. tn.
RejectedMMMMMUM not returned unlet.
BOetwif iLrluML
Till.11 l^.Ml ST Ol Till. BKNA1 i .
Wehtvt |tNMMted Um riow tahen by^Um mqpmgMMnilyol Um ait nation of^affairs gum In out ^f Um laflurpotkM of^the BMVMtns board 'if Silver Bow^county in attoMpting to t brow out \^m^i-ini't III. which tOBliItod in iMVgnrtUng^rival bouoMot tlie Legialative, AsBombl).^White W vill ilwsya remain i uyilMj to^Um bIbi tow al WtwttaWi how it mm UMt
nunin Una iftOtMM MR BOMght to Im
bmwhm4Oafcti ImmmIoI ^Motodi^^eoofdion1 to tim limn. iMistoinn. inn!
BJBJNMOfUmroil tit ry, t brv lire iiiimouhIv^BWBltiag tim NMtH of BOOR a pojfofM^uti'T. hikI lookup hfwtfd to Mil ^djuat-
luotitof tlif nlTu i r upon | jw-t HD'I iHJatl^bu.sitt. Taking. however, tlm e.1 :ituh of^UtfMJi Bt^ it now frvihlg, they arc^naturally U'il to iBajain^, Hi t. Wlcit will^lie tlu^ iirolmlile action o! t o I intc^l^HtalM Unit* BOOB Um ailiin-sion of^MaMW elect! il bv cither boil)clu'in
innto ba ihe legally wgiaiiM il Houm ol
RaMJlMMBteUVMf ami, m' onil. W hat i^^1 lie true MgaJ (UltlMof allairn UMMf tli^^tppliosbls tot ba Mt uut ion .' ITpM^the ft mint pnpOtiUoBi ^ lnle W are i.ot^t ntirely without BfM client. MM] the^^jHMHM may to wiiiiii exU'nt bt a MBttef^of n|k-oulat ion. the latter it mMMptiMa^of ^s rritaio a (-olution an any toiithe-
lltoll |^rO|K.HltlOll.
Tailingtin s.- |iro|xiHitioiiB in their or^iler. anil MMfiMj 111 mmil that lalDOnliag^to t'Htahlli-heil DfOOadMlM ^The i lei't ion^of a senator in DOHJIMi in not in ti e^nntur^^ of M OfiiMtr) IsgMllUva ai t^^tliBt^itinau eleetii'ii UxJ not thf^cn^aetnuilil of u la ^'.^ ami that ^uf the mi^liihty ami l^onu litleH of nueh an eltv tion^thownate of the I'nileil Stati n is the^hole ami ^^\elusi\^ jml^'en.^ it would at^oni'o ho BOWOmM that a ImhIv liaM the^I'nited Sttit^^H wnatt* woultl invest iojlta i^fully tho merits of the eoiitnoerby. In^other WOfdl the authority to examine^into the ^|^ i^ f' ion lis to w ho was act unity
I'lerte.lllielllliers of the house, ^le\ohc'l
ii|on it a ^ orres|Hinilini: tluty to m-e that | H(a|,, ennvasi^thecreat priiinploH of our government^involving the Hiverei^'nty of the paopit
bai]purit/ of Um btllol bhbcb vindicBteO^anil prPHcrve*!. Without farther ouu^ment ti|Kit) this |MBUm WS ^|Uoto fit^lnrRo from section oil!, McCrnry of eh i^lions, and the re|^irt of Senator Carpen^ter, of|\VisconHin. which was adopted hy^lb* UbHoJ States Hcnatc in Um forty^third cont;reni, lirst BeHHioii report J'.il.^.McCrnry section .^^!^^, says:
luMHtnnrlius si BBtatl ot llie I mil d Stuti s^ere rhosi'ii in i iieli state hy the h ei- l iture^BBMBOftM ^ MBOiIbbI Um4UM mnute iiiit\^soiiii tiiui s tliul it iieresHMy to iin|uiie :ind^di termini wlivthei a hmly BMaMiWfl lobe^UmIb|MBMM ^t 'i shile is in fnct ^.uch.^If two luslies Ipw- orirnr.i/ed, i nch chiim-^liiU to be the h'^islnluie. ami HMh BBtl^electid ft MMABTi ^f BBOtOJ the sriiate, in i^oidiT to drciile hi Ibjbm t BMW, RMBl *di|BlH^and determine whieli whs the Ififllll.tniT^Sin h a ease nrosp in Svke. \h. hpi ucer, in^I he * nale of I lie I mil d Sutes, foil v-tlmd .^eouuriHs, lirst kcsnioii. rc|iort nututu r Wi)t^And in deterinimni; tlmi cme 'he senate of^the l nid d States laid donu h rule uliu-li^may at lirsl appear to hi , Imt wlneh is not^tu realitv, in eonllii't with the ioaMaM we^have been considering iu the prefeod^inn sietioii. of tin* chapter. The'
Svkis'elet't ion to Ik-valid, it would follow^IkBtl rrmitouH certificates, delivered to men^cone( d^d not to lx: elected, had enabled^persons who la fact BJBjJM not to vote for a^s( nut'r to i hi t a senator to misrepresent^tin.- state for mi years. On tin- other hand,^if we treat the court house legislature ^^^tl.' lafBj leoishiture of the state, it ill con^^ceded that ^i (jive effect to the will of the^|nopli as evidenced by the election. 8o^Jtli.it. to state the proposition in other^words, we are called utsm to choose be-^! t wi en tl.( form . U'l the sulistaiice, tl.^ fiction^I and the fact; and, MMMftrfBjg the import-^ance of the election a senator, in the opin-
Hillof V.;ir iMIIllli'Mee tlje -i-lei'e Would Hot
bejtiMtilied in BMtfMiH MM Will of the^|*ople, as expressed by the ballot box, on:^ol deferent', to certificates issued errou-^couilv to BBHBM who were not elected.
Inthe m illion of your committee it is not^BOBalBtaajl for the BMOj to inquire ss to^the rixht of uidividui.l membeis to sit in a^lagMUtaUB which is BOM di d to have a^ipioriiiu in ho'h honses of leoallv ehs'ted^BMBJabaMa lint. niHloi li'edly, UM senate^must alwiv^ inipiin wliither the bisly^which pi' te'iil' d to i !^ ct a senator was the^legislature ot the slat' or not; because a^seiiator can onlv ha BMBBMl bf tin legisla^^ture ol a -t ite. In tins ca-e. Spencer hs\-^niK been -s ated by the si nate. and bahBJ
primafaait wHIIad to hold the seat, the
senatecannot oils! him wit lent ReBBB into^an impiity in *B|Bf4 to the lifM of the^individual |s i MM vv lio elauu to BM llHall^the quorum in thesi r. s|n ctive bodies at^the court house and I he stub House. W, en^not oust K|iem'er from bis seat without^baqmlrMH ami deti rniininu tint theeii/ht^or nine individuals, who wen elected were^not entitled to sit inthe bfUatSN of the^state, because they l.uked the eertith ates.^Hut it tin senate can impure into this^ipi 'stion at all. it must certainly impure for^'lie fait r ither than (he evidence of thefset,^It BBMMl be nuiintHimd that when the^'.^ BBlt has In en BaaapaUad to i nter HBO^such an ex iniiiiation it is BMBMpBd by mere^BffMM fai n evidence of the fact, and the
ciiiiicitilaaaaaadadta be boUxMh more
thanprima facie evidence. Hut thnut
BMI | ' Bad ol that to the fact itself and^ili terininc whether the persons claiming to^hold eats Wfie in |M ehctnl. When wt^do t Ills, vv i'oiiic to the conceded fact that^these pi rsons l.iokiny the certilicate had in^l iei In i u elected, ami that the (nosomi who^claimed to Ia ipioruui of the two honses^were iu fac the (a rsons who, in virtue of^t lie i lei'I um, wen ent it Ii d to const it ute t he^quorum ot Imth houses.
AMttMiBaj,therefoic, for the hare sake^of arL'iimeiit. that tho OOftifiCBtaBglw^by the state BUTBBBiBjg btMfd tn tho live^BMMbafl of the rump BOWJBBi the tiran^ite Idis k, were MaflaJajU to ent itle them^to seats for the purpose of OfgBlliialilBI.^ami that the l ie iiii'iuherH at the court,^house hotibu of ri'|^rcseiitutives w ithout^cert ilii ates, to ho declared hy a courl of^BBMpatMl j'lrisdiction to he cut itled to^the cert iticutoa and yon Imvo parallel^casKs to the one just citisl. Indeed a^much st fonder ease is here proscntcil b}^I the court house hoiiscof leprcsentativcs,^I for that in addition to Um ItBODfBiUoB^thereof by the |WVBfMf ^f the state, the^I im nihers without the ccrtilicate of the^board, in a direct pro
verygravamen of the question is in^^volved. The subjects of this government ^^have delegated nwny juut such inherent^powers a* are contained in tlm provisions^of our national constitution. I nder it^congress bus the exclusive authority to^dispose of the public domain, and make^all needful rules and regulations for the^government of th* territories. And so^it is. in the passage ^f t he ordinance,^there were no todapaMMOt legishitive^functions belonging to the territory on^aei oiint of which the convention could^bjubm to act under any wc ereigu power^of the people.
Thepow er of congrofcs to''h legnte'legis^^lative authority to the legislative ass. iii^hliea of the territories has too long been^re ogrK/ed and exercised to be now an^often question. Hence tho source and^power of such legislation is vested in^congress and the territorial legislative^assemblies. Tho legislative functions^thus conferred continued to exist until^they were wiped out by the adoption of^tho constitution of the state under its^enabling act. h'rom thenceforward it^is vested in n senate BJkl house of repre^sentarives to l^e designated, ''The legis^^lative assembly of thestateof Montana.^^It is clear that nowhere else can be^found any such powers. The forumtion^'if the constitution, nnd its submission^to, and adoption by the people, w Inch^^^MM give it validity, were done under^an .ct of congress und by virtue of the^powers es|iecially conferred upon tho^''invention. The inherent power once^existing in the people being delegated to^BMbJMM under tho constitution, the con^^vent ion created for a particular purpose,^BQBBBBMd j*Mt such powers as were BS*^prcsslv granted and none were confern^by ianpUoaUoa except such as were nb-^solutclv necessary to the exercise of tho^of Um power granted. Had the^territory been an independent sover^eignty at the tiiiie of its admission, no^question of power in such case could^ari-e. It grows out of tho peculiar nnd^dependent relation of the territories to^tho national government. Xor can^this ordinance be justified upon^the grounds of necessity, vvhiel,^has hitherto been a favor^ite plea of the republican party.^It will bo shown that tho territorial^laws applicable to the election of mem-^liers of the legislative assembly were in^full force; that ample and complete pro^^visions are made for all that is con-^temphthsl by the ordinnn-c, and that^the BMMMWfl receiving the BOttMoBtM^of election of the clerks of the rosiss t ive^counties aro entitled to their seats for^tic, ptitpOM of organisation, hiuI that^tho rump hoiiBe is not only a rump^house in name but a rump baaMj bj^fact.
Wocannot close without again ei-^pruBsing the belief that the Senate of^the United States, in so far as the elec^^tion of members to that distinguished^body is concerned, will adhere to its'^former precedents, rescue from the^i hands of tic dcspoiler the sai red rifhta^of tho ballot, and thereby vindicate tho
couemin^ Co.
Watches,Fine Jewelry. Silverware, Bric-a-Brac
OHlllHfto determine whether precinct flgW and condenin the wnmu
No31 should U' counted, obtained a^jiidnmenl of the court in their favor,^which in .ured their election and became^and is the law of the case until set aside^or reversed; and ns bet ween the parties to^that proceedings, i. e., the live membera^at the (irnnite block w ith cert itica'e-i f^the state can\iissinn bOBJBV and the I've^BJWaMBN at the court BOMB WiUwVl the^cert Irlcate. of the at ate canvassing board.^UM mutter cannot lie .|iiestioned oollat^crally. 'I bis lieinjr tho easo until the^right ^f the members at the court house^to the certiticatea held by tin1 ini'iiiU'ri^at the ^ i ran ite block, if of anv value, is in^some way impeached, they are the^legally elected members of the house of^reprc-ciitativei- of the stale of .Molilalia,^and cut it led to exercise the fund ioijs of^Htich oiiiee. Indeed it RTOUU bs dlficutl^to perceive how one MOJWM 80 ordinate^lirani h of the g^^\ i rnnicnt ^ ouhl bl BUM^mated by the judicial decision of anot her^coordinate branch was the question^properly presented in a direct proceed^lag for that BWpOBBi
KnoiiKhhas boon said to show that,^BCCOfiling to principle and precedent, the
Howevermuch we regret that l'^o^1^men and gOOBl representatives of the^republican party have been deceived by^daobjBMg m^ n and poliUoiBBB, in plncicir^, too BIBjch contldeiice in their rckless^statement of facts, we are not of t bOBB^who Islieve that the prim ijiles of justice^'and fa rness have llown from the chain^| liers of the American Senate nevermore^I to return; but rather indulge the^opinion that all things will bl righted at^the ptapBf time, mid that the persons^BMBMaJ senators in congress by the^Court house HoBJM of ltejirebontativcs.^recotini/ed by the chief evecutive of the^state, elected by the votes of the peoplo,^and organized according to law. w ill till^the positions to which tliey shall la'^elected.
Mom'.\^ rimdiduteH for federal ollices. in^the absence of senators from this state, are^seeking aid from republican, of other^.tales. Carter is on their trail, however,^and it BOB*1 work.
Geo.Steck ^ Co,,^Mcliliii ^ Sons1,^Kranicb ^ Bach,^Hamiing Pianos^and Others.
cutestbatWBOB tin two legislatures m this. Ix_ ,jL ,i^n
, , ,, , , ,I Henators in congress elected bv the Ho'iPe
casedepended upon this: in one bmlv \ve:e . .,,- ,, . .
ofKepresentntives ^f .Montana having a
Imajority of the members act ually elected
willlie recognized by and admitted into
theSenate of the I'nited States, and
thatthose elected by the Ixxly a portion
ofwhom hold the empty certificate)) of
thestate canvassing hoard, contrary to
jthereturns of tho election, and upon
Iwhich depends ite organization, will
haveno aiuiiding there.
Turningnow to tha MMMkl propo
'sit'on.ho a do fro fad it I The niiestions
banlegitimately involved may properly
Ih considered under two heads.
1st.Is the ordinance under which the
statecanvassing board assumed to issue
oertiiicateaof election of any validity
Jnd.If 10,dOM it authori/e the board
todeehire the result, issue certificates,
eightor nine members who had received^lagBlaf certitlcites of election, but who^were conceded not to have lueii electnl.^while in the oilier was found^au equal number of persons duly elected,^tint without certificate, of election. To^make a quorum ^^f the foiim i bodv. i' was^necessary to Bawl the persons holding c r-^11 lieu tea, but not elictid, and to BMM a^ipiornm of the hitter, it was neccssuiy to^count the lucinlH-rs duly elected, but with^^out certificates. The former body was
lalladUm iMMbaoaalagWaiotB, wfeili the
latterwas called the court house legislature.
Thesennte held that the body having a^quomni of members lit tact dtilv elected,^should ho NgBfdol M the legislature of tlie^state, for the BBtpBMOfi leetiue the BMBtBt^iu congress, and t he grounds of this deci^^sion arc thus stated in the committees, re^^port, submitted by Ketiator ^'ari^iior of^Wi IBM -in
ThenutUir, then, cmues to this: I lie^state hou~e legislature was the legislature^in form, and the court houseiBgWotMBfWi^the legislature in fact. While these two^pnteudid hgi.latnres vieie in evisti nee.^each cluiiuiug to possess the legislative^power of the state, Spencer was eleetid to^the senate bv the court house le ishitnre,^i.ud Kvkrs was , 1,-et^^^! bv (tie st i^e house^legishiture. Spencer was first ihvted. and^on the day of his BtBOtioS tin eouit b^legislature was lecogmzed by the governor^as the legal legislature of the state. There^^fore, in determining us to the right of^Spencer or Sykes to t bis-( ,t. t|i. senate is^compelled to choos^ lietwein the body m^fact elected, organized, net mg and recog^^nized hy the executive dapaHMBBl M the^legislature, and BMbUMI BOdjTl organ^^oid in lorni. but without the elec^^tion and without a recofii'tiou ou the^pait of the executi\e of the State^at tlie time they preti ndevl to elect S^ ki s,^Win n we Consider that all the f irms [in ^^scribed by law fur caiivi^iug and certify-^^ ng an election, and for the orguui/ation of^the two houses, are designed to secure to^the iwrsons Hctunlly (lecied the iinht to act^ill the offices to which, in tact, they have|convention^been elec'ed. it would bt sacrificing the end^to the melius, were the senate to adhere to^the mere form, and thus defeat the end^which the forms were iBJteMV d to scenic.
Thepersons iu the two bodies claiming to^be the sennte mid house of representatives^who voted for S|k iiccr, constituted n quo^^rum of both houses of 'he m^ inliers actually^elected; the yerson. in the fiate house leg-^ialsturo who voted foi Sykcs did not cotvsti
Tiikfar-reaching blizzard is hovering^over the unhappy country to the east of is^and reminds ns that Montana is the only^laud of pure delight.
Ann.nil what will it profit a man to be!^elected by ii rump legislature and lose the!^seat for which he is reaching}
Saki'Eusnnd Mantle will be run through^the Itickards process to-night.
Underthe Able Snper-
visionof^Prof, M, H nnfcNL
Nora very cold is n grip.
Neverkick s man when he is down. It's^a waste of eBergy. (to for the mail who is^climbing above you.^l'luladelphiu In^^quirer.
Ue(after a tiff i^So you pcr-ist in break-^jug the engagement
MatureI'lancee^Certainly, what do joii^take mo for
HeAbout 4d. Netfer think it over: it^and repeal the statutes applicable to the niay your last chance.
electionof uiemlierH of the Ix^gi*lative^Asaembly ^^Dne of two things must exist to give
validityto Umordinaaoa, it must have
Ihmmiireuted through the inherent^^OWOf Of tho people, rcserveil to them^und not delegated away, or it must he^ei acted by a convention upon, which^such unreserved and delegated BOVBM^have lioen conferred. I'pon the former^thoory we are met at the icry threshhold^with the fatal object ion that the people, in^their inherent capacity, have never been^called u|s'ii |0 act nor assumed to act^upon the question. Tho ordinance was^not contemplated at the time the mem^^bers of the convention were elected,^and it was never submitted to^the people for their ratiticution or^rejection. In no sense, then, can it be^said toenianate from the exercise of that^inherent power coeval with the exist^^ence of MBBklt)d. If the poser to create^the ordinance existed ut all. it ii by^virtue of the legislative functions of the^that made it. Topropetly^BOnpn hend the question it is necessary
tinsider the condition of things at
thetime of its enactment. It must be^liornc in mind that this ordinance wus^BMMtod by the convention while the^state was a territory, and actually sub^^served its BttipoM as such before our^territorial relations hud been dissolved.^It ia on aiv.'UBl ol that relation tue
Ats tailor'*: ^IHm't yon know of snrno^way to prevent my trousers getting out of^shape when I sit down':
Whatmust I do^M
lake them off first.^^Judge,
AKentuekv gentleman ^ho recently came^|b Wa-l:ingtoii to consult with his member^nf congress about an office under the new^ndimuistratiou was nsked yisterday by a^gentleman from Hostou whether it is n ally^true that the people of Kentucky are so very^bibulous.
Hibuhms^'said the Kentuckian. ^Hib-^lons! I don't reckon you could find a do/en^Hibles in the whole state.^^Washington^Past
Mrs.Literary^Do you believe with the^poet that reading makes a full man
Mis.Practical isighingi^1 don't know^that reading makes a full msn, bnt 1 riq^bmm ue. d that u dab reading room does.^^K \ i- ^ ttmgn.
Mrs.Hilongh^The paper aayg there were^two men killed in Colorsdo by falling over^a bluff.
Mr.Hilongh (absentlytlreat Scott! I^wonder what the ante waa.^New York Sun.
Montanais a very young state as yet, but^any oue with n fairly good uoae can tell^from the odor of her politics that she is very^strong for her age.^rhiladelphia l'resa,
KirstTubman l'orter^Whad's yo' evr^nervous 'bout, .lohns'n.' Second Forter^^I'se a qusrtab out. Dat'swhat l's nervous^'Ixiut. Done blacked a pah of my own boot,^hy mistake fer dat nabob's in d' fo'tb suc-^tion.^huiiaugv.
Toour Annual IntBDtoiy,
JANUARY1, 1830,
Wewill offer Special Inducementa to^buyers of Dry Hoods in Every Popart-^ment of ourestablishnient.
Itwill not be a quest inn ^f Pr ce on^any thing, but the object ia to reduce^^tock before inventory.
.iss is ^ ^ b t h h
1!-Fine Lots,^8 Choice (Wners,^liN'sidence Lots,^Business Sites.
Wecan sell you grounds in any^part ot the City Adapted to your^wants and means, for Reason^^able Prices and Easy Terms.
LarqeList of Houses for Bale^and Rent.
Tuesday,Dec, 31,1
BOOMS11 am 111
T.B. Warren's New Opera House,
(JoeMaten Ma| niook)
Musicby Prof. Rossner.^SINGLE TICKETS, - $1.00.
Ticket.Admitting Gentleman and La^li-^ $^^W.
Itnow Prepared to Deliver
Kto ui^ pvt of lb. ( i' j.^dOOD HIMDn AXWAY8 ni'ARANTEED.^At IL 0^ Wallncf 'a, Maio Htnet. Teli^i Hon* IS
3dEloor Herald Building,
BooluN'eatly Ruled an4 J'rmUd. Call^and See w

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