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The Helena independent. [volume] (Helena, Mont.) 1875-1943, January 11, 1893, Morning, Image 8

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83025308/1893-01-11/ed-1/seq-8/

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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
Bills and Nlotles of Bills and a Vote on
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
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
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
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
The senate will meet again this morning
at 10 o'clock.
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
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.
"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.
For Dixon-Bonner, Burke, Fitslerald,
Gorman, Ward, Walkup-6.
For Hauser-Bach, Loring, Smalley,
Tierney, Wahle-5.
For Malville-Beecher, Bray, A. F.,
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
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
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.
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.
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.
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
Iron, Steel and Nails.
In all Sizes and at Low Prlces.
Goeking Stoves AND Ranges
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.

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