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i a, . Republlosn Friends Sueaeed Pi.
nally in Haring Him Sworn In. Democrats and Republioans Are Now Numerloally Even in the Housa A eaallet Taken it Both Branehee of the Legislature on United States ilea tor-Other Duelaeee. The republiennas of the house, after re ftsing to give a siok man a pair, and by reason of that very refusal, succeoeded yee terday in having Eugene Leech sworn in on the strength of a certifieate which the supreme court directed the canvaseing board of Choteau county to issue to him; and they did itjn the interest of the junior fraud from Montana, who is able to be in Helena and lookming after just such work through the courtesy of a pair which a democratic senator made with him on all politicalques tions. The republicans aooomplished this by the aid of the speaker and his populist associate from Silver Bow county, which gave them a bare majority of one vote to carry out their plans. Had A. J. Davidon been present there would have been a tie vote of 27 to 27 on the ques tion of seating Leech, and that would have been enough to defeat it. As the matter stands with Leeeh sworn in, the democratic and republican parties have each twenty six votes in the house with all present, and two of the three populists can decide a political question. With the nine demo erate in the senate that party has thirty five votes on joint ballot, one lees than a majority of all the members. The seven republican senators giye that party thirty three members on joint ballot. The popu lists have the other three members, all in the house. It was simply a question of numbers that gave the republicans their extra mem ber yesterday. Still they did not get what they wanted without a bitter struggle. Judge Bach made a fight that might have exeited the admiration of even his republi can adversaries had they been engaged in a Iess unholy cause than that of trying to extend by six years the Washington resi dence of Wilbur F. Sanders. Judge Bach was taken by surprise by the support whleh the republicans so unexpectedly received from the populists, against whom the sup porters of the War Borse were so recently and so bitterly arrayed in the speakership fight; bitter even to the extent of ridicul ing the present occupant of the chair. But the demooratie leader made a gallant fight, and though the cause for which he stood received a backset, yet in the short battle preceding that result the blood spilled was not all democratis. A turnip or a frosted potato would have dropped some blood after the pounding Judge Bach gave the state auditor. In view of the proceedings yesterday, a short history of the Leech-Hamilton con test since its inauguration in the house may prove interesting. When the state auditor called the honse to order an Mon- s day. Jan. 2, he refused to call the name of A. B. Hamilton as a member from Chotean, though that gentleman was there with a certificate issued by the canvassing board of his county, and the laws of the state distinctly state that a certificate of election shall be prima facie evidence of right to a seat. Justice DeWitt, of the snpreme a court, Ex-Gov. B. Platt Carpenter and other able republican lawyers held that under this law the auditor had no right to call Hamilton's name. His duties were ministerial, and not judicial. The repub licans, however, have a fashion in Montana of agreeing with their judges and advisers when their judges and advisers agree with their party schemes. So Hamilton's name was not called. When the house was finally organized Leech had received the s certificate which a majority of the supreme court had ordered the Chotean county canvassing board to give him. His certifi cate and that of Hamilton were referred to t the committee on elections appointed ahead of time to consider their case. The com mittee at its first meeting agreed to send for whatever evidence was needed to prop. arly decide the case. At the next meeting I the republican members of the committee evinced a disposition to back out of that agreement. It was then determined to ask the house for further authority to send for persons and papers, with the idea that if the house accorded them that privilege, iA would be taken as the sense of that body that they wanted a full and fair inquiry. The request of the committee was made Mon day. It was laid over till yesterday. Be fore any action could be taken on it. and while the cantest was still pending before the committee, the republicans asrung their scheme of seating Leech first, and In vestigating later; in other words they made him a present of property in dispute, and then concluded to investigate. It was a scheme commensurate with the talents of Wilbur F. Sanders. Senator Matte drew first blood yesterday in the contest for the location of the state educutional institutions by Introducing his bill for the location of the university of Montana within three miles of the city of Misonula. The bill is quite voluminous and was evidently drawn to cover every es sential point in the establishment of the institution. The senator wanted the bill referred to the committee on public build ings, hospitals and asylums, because bills of like character went to that committee at the last session, but the senate, on viva voce vote, decided to support the president, who believed the committee on education was the proper one to consider all measures relating to educational institutions. A majority of the senators had an idea that it was necessary to ballot at noon in separate session for United States senator. Lieut.-Gov. Biotkin explained that In sep arate session the ballot could be taken at any time, and read extracts from the fed eral law governing the election of United States senator, as follows: "Sec. 14. The lecislature of each state which is chosen next preceding the expira tion of the time for which any senator is elected to represent such state in congress shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator In congress. "See. 15. luoh election shall be conducted in the following manner: Each house shall openly, by a viva-voce vote of each member present, name one person for senator in congress from such state, and the name of the person so voted for, who receives a majority of the whole number of votes cast in each house, shall be entered on the jour nal of that house by the clerk or secretary thereof; or if either house fails to give such majority to any person on that day, the fast shall be entered on the journal. At twelve o'clock meridian of the day follow ing that on which proceedings are required to take place as aforesaid, the members of the two houses shall convene in joint as sembly, and the journal of each house shall then be road, and if the same person has received a majority of all the votes in each bouse, he shall be duly elected genator. But if the same person has IN EVERY Receipt tht cals or baking powder, use the "Royal." etter resultr s will be obtained because it is the purest. It will make the food lighter, sweeter, of finesr flavor, more digestible and wholesome. It i is always reliable and uniform in its work. I have found the Royal Balding Powder superior to all others. C. Go*u, late CAOf, Delmonico'I. oact recelved a najority of the votes in seec bhoue or if either house heas failed to take roceedings as required by this section, the joit assembly shall thean proceed to choose, by a viva-voe vote of each member present, a person for senator, and the peston who reserves a majority of ill the votes of the oint assembly, a majority of all the mem bbrs eletted to both houses being present and voting, shall be duly declared elected. If no person reeives sunoh majority on the first day, the joint assembly shall meet at 12 o'clock meridian of each succeeding day during the session of the legislature, and shall take at least one vote until a senator is elected." At noon to-day the senate and house will meet in joint session in the house chamber and take the first ballot for United States senator. THe SENATE. Bills and Nlotles of Bills and a Vote on Senater. Senator Matte intrgdueed his university bill in the senate yesterday. It provides for the location of the university of the stats of Montana within three miles of the oity of Missoula, and places the control of the institution in the hands of the state board of education. This board is to elect the president and all other oficers and fix their compensation. The university is to be for both sexes, to conslst at first of a preparatory and science and arts depart ments. Tuition is to be free to all students who have resided in the state for one year, except in the medical and law departments. Ninety days after the passage of the bill the board of education is to select a site, to contain not less than forty acres. 'Ahe bill was read first and second times, and re ferred to the committee on education. Baylies: introduced a bill repealing the stray law, which was appropriately re ferred, after being read first and second limes. Gibson gave notice of the introduction of a bill for the better protection of fish and game, and Folsom to create the eleventh judicial district, to be composed of Madison and Beaverhead counties. The governor sent to the senate a copy of a resolution adopted by the Vermont legisla toure, calling on congress to make a uniform law to regulate the Immigration of paupers, criminals and dependent persons, which was referred to the committee on judiciary. The senate then had its first executive session to consider the nominations of Chas. S. Shoemaker, of Bautte, for state mine in spector, and John R. Gilbert, of Beaver head for deputy mine inspector. The ses sion was short and the senate confirmed both nominations. S\ hen the senate reconvened, Lient. Gov, Botkin announced that no particular time was fixed for taking a vote on United States senator in separate session, and on motion of Hoffman the senate proceeded to a ballot. It resulted as follows: For Sanders-Brown, Swift, Baylies, Fol som, Hatch and Goddard-6. For Clark-Buford, Cardwell, Cullen and McDermott-4. For Dixon--Ealeston and Matte-2. For Hauser-Hoffman-l. For Maginnis-Gibson-1. Steele, who would have voted for a demo crat, paired with Power, who was absent on leave. The senate will meet again this morning at 10 o'clock. LEECH IS SEATED. Two Populists Assist the Republicans in lfeachine That Result. Heretofore the members of the house have picked out their seats in a sort of catch-as-catch-can style, each taking the best he could find. The result was that very few were entirely satisfied. As soon as the house got together yesterday Mr. Lockey proposed the naming of a commit. tee to seat the members. The committee were Messrs. Lockey, Bray and Boharni kow. During a short recess they distrib. uted the seats by drawing lots. The effect was to make a number of changes. Judge Bach got a better seat on the front row than he had before, while Mr. Lockey got one further to the rear in a middle row. Speaker Pro-tem Bray was allowed to re tain hisdesk at the left of the speaker, in front of the other members, so as to be con venient to the chair. The other members on the front row besides Judge Bach are Beecher, Lockhart, Loring, Burns, Jeffers and Metzel. The second row, which is al most as good as the first, is occupied by Wahle. McDonel. Tierney, Fitzgerald, Walkup, Goodell, Code:, Huffman and Mo Kay. The house had two sessions, morning and afternoon. but it was at the latter session that the important business was transacted. At the morning session the house, in com mittee of the whole, finished the rules, making several changes of minor impor tance, one of which was to conform to an amendment already adopted requiring a two-thirds vote to call the previous ques tion. Mr. Lookey proposed several changes, and gave notice that he might offer more when the rules came before the house. The first bill introduced in the house was that of T. iiilgalon, of Silver Bow, to pre vent the importistion of l'inkertous into the astte. It I rovides that no sheriff, mayor or other person in authority shall appoint as special deputy marshals or policemen any person who has not been in the state for two years, and in the county or city from which appointed for one year. The bringing of special deputy marshals or policemen into the state from outside is prohibited, for the protection of either public or private prop erty. The penalty for violating the law is imprisonment for from one to three years. to which may be added a fine not ex cee ling $300. The bill was read twice. Notices of introductiod of bills were ulvon as follows: iBy Butler. to create the county of Flathead; by Goodell, for boun ties on stock-killing animals; by Swett, to regulate the hours of labor for stationary engineers, and to mpovent importation of l'imkertons; by Carpenter, relating to notaries public; by Bach, relating to the assignmoent of property by insolvent debt ors; by Ward, to create the county of Val ley; by Lookhart, establishing a state in sane asylum; by Fleming, creating the Eleventh judicial district out of Madison and Beaverhead counties. 'lhe house, on motion of Judge Baoh, decided to have a joint session with the senate to-day and vote on United States senator. As soon as the roll was called in the af ternoon Judge Bach took the floor to once more appeal to the republicans for a pair for A. J. Davidson. "lie and his physicians," said Judge Bach, "assure me that he will be here at all times when it is necessary. I call attention to the fct that Col. Sanders is here looking after his fences through the courtesy of a pair with a democrat in the United ttates senate.," "Is the democrat sick?" asked Mr. Lookey. "I don't know," replied Judge Bach. "but II do know that when Mr. Boatner, of Louis lana, had to leave the house on.oacount of the illness of his wife, Mr. Carter paired I with him on the silver question. There are some on the other side who are not unwill I ing to extend to Mr. Davidson the courtesy of the same kind of a pair Sanders is using. I Four of their number have told me that r manliness and decency required it, and yet they cannot obey those instlnots without I the permission of a party caucus." As no s one responded to this appeal, Judge Bash a moved to proceed to ballot for United I States senator, Before this was put, how Sver, Mr. Monteath. for the republican side, made a short reply. He aid the r .ebli. oans claimed they were In a mlnoait through the injustise done them. They felt that it was a wrong that shaltd righted. The app~l for a pair was uluat purely for partisan advantage. If Mi Davidson was endangerina his health by coming to the house the burden was not on the.republican members. He could acme or remain away as he saw fit. When justice was done the republican side he would be willing to extend the courtesy asked. The motion to proceed to ballot for United States senate was then carried, and the formality of nominating speecheh hay ing been dispeused with, the house voted. The republicans voted for Sanders. their eanous nominee, and the populists for Samuel Mulville. The democrats divlded their vote. The result of the ballot was: For Sandere-Annear, Babcock. Bensin, Bray, . H., Burrell, Burns. Carpenter, Coder, Fleming Goodell, Graves, Huffmau. Jeffers. Lawrenmo Lewis, Lockey, Lose., McKay. Metzel, Monteath, IRos, Swett. Tallant Van Cleve, Winters-25. For Clark-Ash. Butler, Fitschen, Kil allon. Lockhart, Logue, MoDonel, Martin, appington, 8oharaikow, Truman, Wil. son-12. For Dixon-Bonner, Burke, Fitslerald, Gorman, Ward, Walkup-6. For Hauser-Bach, Loring, Smalley, Tierney, Wahle-5. For Malville-Beecher, Bray, A. F., Matthews-S. For Maginnis-Marpby-1. For Smith, R. B.-Dudlev-1. Then came the surprise of the day. Mr. Fleming, republican, of Beaverhead, moved that Eugene Leech be admitted to the va cant seat from Chotean county, without prejudice to the right of A. B. Hamilton to contest. Judge Bach at once moved to adjourn. As the roll call proceeded, and Mr. Bray, populist, of Silver Bow, voted with the republicans, it was seen that there was going to be a very close call for some one, end the interest was great. When Speaker Matthews voted with the republi cans also it was seen that the motion to adjourn was lost. Mr. Beecher. the other populist, voted with the democrats. The result on the motion to adjourn was yeas 26, nays 27. Judge Baoh got the floor and proceeded to make a speech against what it was now apparent was a determination on the part of the republicans to seat Leech without waiting for the committee on elections to investigate the case. He said the Chdtsau contest could not properly be before the house until all the testimony was heard. Whatever wrong had been done had eoma' menoed at Box Elder, and now, as in the past, his voice would be raised against the proceedings of the canvassing board of Choteau county in regard to that matter. But the members of the house were acting as judges, and as such they were not aware of the proceedings of that board. Judge Bach at this point saw Auditor Cook sitting in the rear of the hall, and exclaimed: "The next step in the outrage was on the part of a man who sits on the floor of this house, and the wonder is the auditor doe" not usurp the speaker's place now as he did then. [Applause.] I compliment him ton his modesty." Judge Bach then spoke dt the refusal of the auditor to put Hamilton's name on the roll, and added that he wa authorized to say that Justice DeWitt, of the supreme court, was surprised at the action of the republicans of the house, and held to the position that a ministerial officer had no judicial power. Judge Bach said he knew now why the audi tor refused to call Judge DeWitt to adminis ter the oath to members of the house. Judgb Harwood had been called for, but he had refused to come because he didn't want to go back on the effect of his own manda ons. The republicans were getting restive on- a der the able exposure of their plans, and a Mr. Monteath interroted with a point of c, order that Judge Bach was not confling si himself to the motion. Speaker Matthews ,i asked that Judge Bach do so. b Judge Bach said he expected to do that. o "The next step in the proceeding," he con tinned, "was the auditor's request for a dep oty marshal. At the suggestion of his t; friends I accepted the explanation that he ' didn't know what he was doing; that he c was excited. But he has sines said himself that he did it as a bluff." Judge Bach said fi the action of the auditor had been a wrong to the dignity of the house and every mem ber of it, but gentlemen on the other side sat silent and entered no protest. He wished to say in justice to one member on the other side that that gentleman had n since said he was misinformed as a to the cironmstanoes or he would never have taken the stand he r, did. Not only had the party lash been ap- t, plied, but falsehood had been used as well. t, The gentleman referred to had been told h that a certificate was already issued to e Leech. Until Leech had presented him- p self Hamilton had the de facto and the de o jure right to the seat. Judge Bach then re- p ferred to the opinion of a leading republi- p can lawyer who held the same views, and p who also held that the issuance of the man- a date by the supreme court did not destroy t the certificate of Hamilton. The man with the first certificate was entitled to the seat until the other could show a better title. The contest had been referred to the com mittee on elections. who had made no final report, though the democratic members ' were ready to go ahead with the inquiry. Judge Bach read the report of the commit tee, handed in Monday, to show that Tal lant had made the motion to ask authority to send for persons and papers, and that Lockey had seconded it. If there was any delay it was not caused by the democrats. "I don't believe an angel from heaven, with all his eloquence, and with divine author ity, could make any impression on the other side," exclaimed Judge Bach. "Who- ever gets to be senator from Montana,. I trust he will be a man who can bold his seat with such a title that not only his own colleagues, but his adversaries as well, will acknowledge his title. I trust no democrat will be seated who will have to be taunted as the junior senator from Montana was by one of his own party." The speaker again called to Judge Back to stick to the question, and at the applanse from the spectators, said he would have the galleries cleared if it were repeated. Judge Back went on to speak of the action of the Chotean canvassing board, and said the governor had asked the legislature to do something to right the wrongs inflicted by such bodies, "and he might have added," suggested Judge Bach, "those done by state auditors." At this Cook shrunk into his collar and remained there till he left the house. Mr. Bray, of Silver Bow, said in explana tion of his vote on the matter of adjourn ment, that he would always be found on the side of those who wanted to work, The question was whether canvassing beards could make and unmake legislatures. "We desire to be chosen by the people," he said, "and not by canvassing boards and sn preme coerts." He said it was the duty of the house to seat Leech and then reeeive evidence as to who was the one rightly en titled to the seat. After some little further desultory dis cussion, during which Mr. Lookey got in a point of order that was overruled, Jadee Bach moved a call of the honuse. The speaker decided that if there was a quorum present a call was not necessary. The rule on the subject was discssed, and in eon nestion with it the fact that Mr. Davidson, Sthe only absentee, was awaby leave of the i house. The leave, however, was but forone i day, the one when he appeared to be sworn Sin. But this cut no figure, as the republi I cans were determined to earry their point. I Mr. Monteeath moved the previousqueestion and a motion by Mr. Uharaikow to lay this on the table was aet entertaind by the W11c0maeM in 4.fe4 their Clearing Sale', All Winter Goods will be marked at Sacrifice Prices and the entire stock will be offered at a Sweeping Reduction. See the extraordinary valuep, now given in Dress Patterns. S7NDS BROS. speaker. The previous question was or-. dered by yeas 27, nays 24, two democrats being out at the time. The motion to seat Leech was then carried by yeas 27. nays 26, and the Chotean contestant was sworn in, making the house stand, when all are pres ent, democrats twenty-six, republicans twenty-six, populists three. Mr. Bray, of Silver Bow, moved that the committee on privileges and elections have the authority they asked for Monday, and that they bring the "contest" to a conclu sion. This gave rise to some more discus sion, many of the republicans holding that there was no contest until Hamilton filed one. Mr. Lookey said the expense might amount to $25,000. and the house ought to consider that. Judge Bach said the other side were affeeted by a sudden parliamen tary streak. The committee might as well be discharged, though, he added, "the Lord only knows how many more contests are to go before them now." Party lines were not strictly drawn on the motion to authorize the committee to send for persons and papers in the Choteau case, but it was adopted, Leech voted "aye" in a very shaky voice. It was his first vote. The bhouse then adjourned. LEGISLATIVE NOTES. There will be a caucus of the dem ocratio members of the legislature to-night on the senatorial contest. In reporting senate bill No. 1, 'tan act to regulate the practice of dentistry in Mon tana," it was msade to appear that a person to be eligible under the law is required to have been in practice three years in this state. tbch is not the case. Three years practice is what is required, whether in this or any other state. It was also made to ap pear that after the passage of the bill all persons desiring to begin practice should pass examination. Any person possessing a diploma is not required to pass examina tion, but to present such diploma for the approval of the board of examiners. Chas. S. Shoemaker, who was yesterday appointed state mine inspector to suoceed Jos. W. Hogan, is a practical mining man who is highly spoken of by those who know him. He was the expert of the Blue Bird company previous to the closing down of that property. His deputy, John R. Gilbert, is well known in Lewis and Clarke county, having been employed at the Alta mine, Wickes, for a number of years. Recently he was in the employ of the Golden Leaf company at Bannook. Since the closing down of that property he has been engaged in ranching. He owns quite an extensive ranch in Beaverhead county and is engaged in horse and cattle raising. Mr. Hogan goes out of office with the satisfaction of knowing that his work as mine inspector has been thorough, and that as such he has won the confidence both of employers and employes. Both himself and his deputy, Mr. Oliver, proved to be com petent men for the positions. There is talk that the members of the heuse may not get any pay for this session. The constitution fixed the pay of the mem bers of the first assemblage, and provided after the first session the compensation of members should be as provided by law. It also prohibited legislative assemblies fixing their own compensation. The last legisla ture fixed the nay, as it thought, of the present one. It fixed the pay of senators and senate officers, and of officers of the house, but omitted "members of the house." As the pay of the members of this house is not fixed. there is doubt about their setting any until the next legislature passes a bill for it. This is on acceunt ef the clause in the constitution forbidding a legislative as sembly fixing its own pay. In this con. nestlon it may be stated that the first ases Sion passed no bills whatever, for payina its sueoessor or otherwise, yet the members f present at the second session got their pay. The Bequest of Many Ladles. The New York Dry Goods Store, by re quest of the Helenas ladies, will remain open eveninge. Thus an opportunity is l given to their many customers to make n purehasee of opera goods during their s monster mid-winter sale, goods that should be seen by electri light to enable the par e shaser to make selections in correst cor u respoadence to the complelion. Bemem. ber, ladies, to oblige you, the New York I Store will be at your disposal evenings. SHELENA IN BAIiU. Is - te Jackson's music atere, Baslly bloek, To Loan Money at 7I10, 8010, and 9010. Amount of Loan and Security determine the rate of interest. I am prepared to make loans promptly in amounts from $500 to $100,000 $100,000 Commercial and Short Time notes wanted. Also City, School, State and County Bonds and Warrants. No. 10 Edwards St., Helena, Mont. H. B. PALMER. Glarke, Gonrad & Gurtir HARDWARE Iron, Steel and Nails. HOUSE FURNISHING GOODS. WOOD AND COAL HEATING •* STOX SESm In all Sizes and at Low Prlces. Goeking Stoves AND Ranges TRLEPIO13T 90. 42 and 44 South Main Street, J-lelena. APA has just bought a new pair of our "FOOT FORMS," and can well afford to throw his old shoe after the happy bride and groom for "luck." If you want luck in 1893 start with a proper foundation, in the shape of a pair of our Shoes. We feel sure you will be so well pleased that you will insist on the k entire family being fitted at our stole. You will find your Shoe bill will not be so large as in the past. It will pay you to try us. A--=-,*-,. . JVontana Shoe Gompany.