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The Location of the State Capital Fixed at Helena Until 1892— State Institutions. Fortieth Day»»August 12. AFTERNOON* SESSION. The Convention was called to order promptly at 4 o'clock pursuant to adjourn* ment. After the usual order of exercises had been passed Warren arose and stated that owing to the death of one of his child* ren. his colleague, Mr. Rickards, was unable to return and asked that he be excused. Leave of absence was granted. Gaylord, Haskell, Joy, Knippe burg absent, Middleton, chairman of committee on enrollment reported propositions Nos. 24, 27 and 35 correctly enrolled. Report re ceived and adopted. Rotwitt, chairman of committee on Rights of .Suffrage, to whom was referred proposition No. 29, relating to Women's Suffrage, together with petitions on the same subject, reported back without recom mendation. Kennedy moved report be received and proposition laid on the table, and on di vision his motion was lost; ayes 33, noes, 35, absent 7. Warren moved the report be received and adopted. Callaway moved to amend the motion recommending the proposition be adopted as a separate part of the constitution. The president announced that the rules would have to be suspended before this could be considered. Burleigh moved that the rules Ire sus pended and the proposition be adopted as a separate proposition to be incorporated in the constitution, and his motion was lost ayes 34. noes 34, absent 7 Bickford moved that it be referred to general orders. Magionis moved to amend by indefinitely postponing, but it was decided unnecessary by the chair, who ruled it had already been lost. Breen introduced a resolution relating to blacklisting of employers which was read and referred to the committee on labor. Warren stated that a select committee had been appointed on a memorial which had beeD introduced some time ago hi d wanted to know why it didn't report. Gov. Carpenter, who was chairman of that committee, a-ked 1er further time in which to report. Leave granted. J. K. Toti le asked the status of the capi tal question. The clerk read the minutes on the subject and found that when the convention adjourned, the substitute by Kanouse was up lor consideration. J. K. Toole moved further consideration ol the substitute be dispensed with, but was ruled out ol order by the President, whereupon Judge Luce sub mitted au amendment to the substitute providing that uutil the seat of govern ment shall be permanently located it shali remain at Helena. The substitute with amendment was read and the ayes and noes demanded by Luce. Motion carried. Those voting in the affirmative were as follows: Breen, Brown, Buford, Bullard, Burleigh, A. F. Burns, A. J. Burns, Callaway, Card well, Carpenter, Canby, Chessman, Collins, Conrad, Cooper, Craven, Eaton, Fields, Gibson, Gillette, Goddard, Graves, Ham mond, Hershfield, Hobson, Joyes, Kanonse, Loud, M agi tin is, Mayger, McAdow, Middle ton, Mitchell, Mu h, Myers, Barberry, Rot witt, J. K. Toole and Witter; total 39. Those voting in the negative were, Aiken, Bickford, Brazleton, Courtney, Dixon, Dur fee, Haitman, Hatch, Hogan, Kennedy, Knowles, Kohrs, Luce, Marion, Marshall, Ramsdell, Reek, Robinson, 8argeant, Schmidt, Stapleton, J. R. Toole, Warren, Whitebill, Winston and Mr. President—26. Absent, Edward Burns, Gaylord, Joy and Webster—4 ; paired, Watson, Rickards, Kuippenburg, Hickman, Haskell and Dyer — 6 . Collins moved to reconsider the vote by which Helena was substituted for Mis soula. Maginnis moved to amend by laying CoIIids' motion on the table. Ayes and noes demanded, and Maginnis' motion was carried. Ayes, 39 ; noes, 26; absent, 4; paired, 6. Joseph K. Toole moved the previous question on Section 2 as amended and the substitute offered by KaDOUse as amended by Luce was put and carried—ayes 36, noes 29, absent 4, paired 6. Joseph K. Toole moved that the vote by which the substitute was adopted be recon sidered and that vote be ladd on the table. Motion carried—ayes 39, noes 26, paired 6, absent 4. The Kanouse substitute for Section 2, as amended by Luce and adopted by the con vention, reads as follows: Section 2. After the admission of the State into the Union and at the general election in the year 1892 the question of permanent location of the seat of govern ment is hereby provided to be submitted to the qualified electors of the State and a majority of all the votes cast upon said question shall determine the location thereof; but in case there shall be no choice of location at said election the question of choice between the two places for which the highest number of votes shall have been cast shall be and is hereby submitted in like manner to the qualified electors at the next general election thereafter, provided, that until the seat of government shall have been per manently located the temporary capital shall be and remain at the city of Helena Witter moved to add an additional sec tion to the proposition defining the dntv of the legislature in providing for the several state institutions. Magiumis said the section only provided for one penitentiary when it was really Decessary to have one in the eastern and one in western part of Montana. CoIUds wanted the whole matter left to the legislature. Reek thought it would be necessary to locate several ot these institutions in one town so they could be under the same management and control. Witter said he thought they should be distributed throughout the State and didn't want them bunched together. Luce offered an amendment providing that the institutions shall not be located until the capital is permanently fixed. His motion was carred Reek moved to strike out the first pro viso, relating to location of the institutions, when llartuian ottered an amendment that provides that no more than one school shall be located in any one county. During the debate which followed White hill moved that the substitute and amend nunt be stricken out, but was ruled out of order. Hickman moved to strike ont that part relating to the appropriation of money tor the erection of capital buildings until the year 1900; but while this was pending the convention adjourned until 10 o'clock this morning. Forty-first Day--- Aug. 13. MORNING SESSION. Convention met at 10 o'clock pursuant to adjournment, and after the usual order ot opening exercises had been dispensed with yer was excused for the day. Warren stated that as the day for clos ing was rapidly drawing near he thought that the committee on apportionment should report, as it was a very important matter, and that the report should be made now instead of the last day or the last honr. Cooper, chairman of that committee, stated he would be ready to report in the morning. Parberry, chairman of the committee on irrigation, to whom was referred resolution No. 13, reported the same back, and that they did not think it necessary to mem orialize Congress concerning the grant of arid lands. Maginnis, who introduced the résolution, said that since it was introduced the Con gress committee on irrigation had spoken on this subject, and moved the report be received and the resolution be laid on ihe table. Carried. Knowles said in the speech of the gen tlemen of the irrigation committee they had recommended that the convention memorialize Congress on the arid land grant and moved that it te taken from the table and re-referred to the committee on irriga tion with instructions to draw up a memor ial. His motion was put and lost; ayes, 14, noes 18. W. L Green, assistant sergeant-at arms, tendered dm résignât. on, wnicn »asaccept ed on motion of Bnrieigh. Wnen tUe convention adjourned yester day they had ander consideration proposi tion 18, on State institutions, and it was again taken up. The amendment offered by Witter, providing for the establishment ot schools in the State, which was pending before adjournment, was taken up. Hart man's amendment to the amendment, pro viding that one county can have only one institution, caused some discussion on the part ot Knowles, Maginnis, Dixon and Reek, who spoke pro. and con. on the amendment. Marshal moved to amend, but was ruled out of order, as two amendments were al ready pending. Hartman s amendment to the amend ment of Witter was lost, as was also Wit tar's amendment. Warren moved proposition 18 be adopted. Schmidt moved to strike oat section 5 and on division it was carried, ayes 27, noes 24. J. R. Toole said that according to the printed copy it provided that at the first general election in 1892 the question of the permanent location for the capital shall be submitted to the electors. The section as amended was read. Middleton moved that it be referred to the committte on engrossment, stating they could report it back correctly engrossed. J. K. Toole said he hoped tne motion would not prevail, as they wanted to get through with it. Kanouse moved to reconsider the vota by which section 5 was stricken oat. Maginnis .-aid Rev. Talmage was in the gallery, and moved that he and his party be extended the privilege of the floor. Carried. The President appointed Hon. Martin Maginnis to escort the gentlemen to the floor of the convention. Whitehall said that he hoped the motion to reconsidtr would prevail, for if this section was stricken out the State would have to take care of the panpers instead of the counties, as provided in the section. The motion was carried and Section 5 was once mute made part of Proposition 18. Luce moved Proposition 18 as amended be placed on final passage and the motion carried by vote of Ayes—Aiken, Browne, Burleigh, Brazel ton, A. J. Burns, A. F. Burns, Butord, Bick ford, Bullard, Breen, Conrad, Collinp, Cooper, Cardwell, Carpenter, Chessman, Craven, Cauby, Callaway, Eaton, Fields, Graves, Gibson, Goddard, Gillette, Hobson. Hartman, Hammond, Hershfield, Hickman, Joy, Joyes, Kanouse, Kennedy, Loud, Luce, Mitchell, Middleton, Myers, McAdow, Mayger Muth, Maginnis, Marshall, Mar rion, Parberry, Reek Robinson, Rotwitt, Jo8.,K. Toole, Witter and Mr. President—52. Noes —Courtney, DixoD, Dnrfee, Hatch HogaD, Kohrs, Kno wies, Stapleton, Schmidt, J. R. Toole, Winston, Warren and White hill—13. Absent, Ed. Burns, Dyer, Gay lord, Haskell, Knippenbnrg, Ramsdell, Rickards, Sargeant and Webster—9 J. K. Toole moved to reconsider the vote and to lay the vote on the table. Carried. Carpenter asked unanimous consent to offer an additional section to the article .on suffrage. It was received and read, and RobiDson objected; but under suspension of rules, on motion of Callaway, it was refer red to the committee on suffrage. Warren moved that the convention go into committee of the whole for considera tion of proposition No. 33 on ordinances, bat Middleton objected and rose to a point of order on the gronnds that acting ander the recommendation of the committee of whole it had been placed at the foot of the calendar by vote of the convention and could not be considered until that vote had been reconsidered. His point of order was decided well taken by the chair. Collins moved to take np general file, and said that in committee of the whole they coaid act on any proposition, but he was ruled out of order on the ground that it had been placed at the foot of the calen dar. Callaway said that in committee of the whole they could consider any proposition, no matter whether it had been acted on by the convention or not, but be was declared wrong by the chair. Convention went into committee of the whole with Collins in the chair. Collins' first move was to see that prop osition 33, on ordinances was taken np. Section one was amended by Craven and Bnrieigh, both amendments being carried. Section 5, relating to canvassing board, was amended by Robinson, who moved to strike ont the words secretary, anditor, at torney general, and president of the con vention, and making the Governor, Secre tary ot State and Chief Justice the canvass ing board. His amendment was adopted. In Stction 5, Luce amended by providing for a clerk of the district court for each county of the State which was adopted. Joy moved Section 8 be stricken oat as it was already Drovided for. Hartman said that Sections 8, 9. 10, 11 and 12 were drawn np verbatim with the enabling act and hoped no word should be inserted in any line or section. Whitebill said if Section 8 was adopted as it read now there woald be some talk in the future as to whether polygamous mar riage or worship conld be practiced under this section. We don't want the Mormons to come here and carry out their practice in Montana. Judge Lnce said this was already pro vided for in the bill of rights. Knowles said he didn't think the prac tice of polygamy was a mode of worship Joy's motion to strike oat the section was lost. RobinsoD, chairman of the committee on ordinances, offered a new section, provid ing for the election of officers in each county. While this was pending the committee arose, on motion of Hershfield. reported progress and asked leave to sit again Reiiort received and adopted. Recess till 2 o'clock. Forty-first Day--Anenst 13. AFTERNOON SESSION. Convention resnmed at 2 o'clock and went into committee of the whole on proposition 33, on ordinances, Collins in the chair. Robinson's amendment providing for the election of county and township officers the first Tuesday in October. 1889, was read and carried—ayes 33, noes 27. Hogan moved the committee arise, bat withdrew the motion in order to allow Dixon to introduce a section which reads: "On behalf of the people, we, in conven tion assembled, do adopt the constitution of the United States.'' Carried. Hogan renewed his motion and the com mittee arose. Collins, chairman of the committee, re ported recommending the proposition as amended for adoption. The proposed amendment were read. Eaton asked for unanimous consent for consideration of proposition No. 33. It was given and the amendments were read section by section. Goddard's addition to section 6, provid ing that all county officers now in office shall hold their officers until their suc cessors are electe and qnalified was taken up. After some discussion the amendment of Goddard was lost by a vote of 33 to 30; absent 4, paired 8. Collins moved to reconsider the vote by which the amendment was lost and lay it on the table. Carried by the same vote as above. Section 13 was then adopted—ayes 31, noes 28, absent 4, paired 12. Hartment offered an amendment to the effect that the 8tb, 9tb, 10th, 11th, 12th and 13th sections be irrevocable without con sent of the United State and the people of said Sta*e of Montana. Carried. Kanouse offered an amendment to sec tion 11, providing that an "uniform system" of pnblic schools shall ba maintained in stead of "systems." The motion pre vailed. Load moved to amend ordinance seven by striking oat "law for Territorial officers" and inserting section 5,, which provides for a canvassing beard. Robinson offered an amendment covering the same point more fully. Maginnis hoped the amendment wonld not prevail, as it would make the canvass ing board of one complexion, and Hickman held the same views. The amendment carried and the proposi tion was placed upon its final passage. It passed by the following vote : Ayes 34; noes 27; absent 4; paired 10. Collins moved that the vote by which proposition 33 had been adopted be recon sidered and taa>. vote 1 Aid on the table. Both motions carried. ' ~ On motion the convention resolved itself into committee of the whole for the consid eration of the general file, Middleton in the chair. Eaton moved to proceed to the consider itioa of prop isition No. 36, "pub lic indebtedness," and the motion pre vailed. An attempt was made to amend section 5 by striking out the clause limiting the indebtedness ot counties to $10,000 for a single purpose, but failed. Witter moved that when the committee arise it report back Proposition No. 36 with the recommendation that it pass as amended. The motion carried, the con vention resnmed, the chairman reported as instructed and the proposition was placed upon its final passage. Conrad moved to add to Section 6 the proviso giving munici palities the right to incur indebtedness for a water supply, if sc ordered by the pen pie, the words "or a system of sewerage." The amendment was adopted. The propo sition was then adopted as amended. Convention again went into committee of the whole on Proposition 26, water rights, Joy in the chair. ColliDs wanted the section to read : "All water in the State shall be declared to be public preperfy." The question was fully debated, its op ponents holding that under such a pro vision no man could own the water in his own well. J. R. Toole moved that when the com mittee arise it report back the proposition with the recommendation that it be laid upon the table. He said the legislature could deal with the subject, and he was in favor of relegating the whole subject to future legislatures Eaton seconded the motion of Tcole in a speech. Motion carried. Committee rose and chairman reported as instructed. J. R. Toole moved that the report of the committee be adopted. The ayes and noes were called, resulting, ayes 32, noes 28, absent 15. Hickman gave noti»?e that he wonld move to reconsider the vote by which the motion to lay proposition No. 26 upon the table was carried. Adjourned. Forty-second Day--August 14. MORNING SESSION. Convention met at 10 o'clock pursuant to adjournment. Warren asked if a minority of the mem bers conld pass an ordinance. He wished a ruling of the chair, as a minority of the members elect, though a quorum was present, passed Proposition No. 33 yester day. The chair said he would look into the matter daring the day. Kerr, a clerk, was appointed assistant sergeant-at-arms for the remainder of the session. A communication from W. F. Wheeler, librarian of the Montana Historical Society, asking that the members furnish him photographs for a group for the society room, was read. Carpenter offered a proposition in sah st auce that upon all questions submitted to tax payers women who are tax payers shall, equally with men, have the right to vote. Warren inquired what had become of the memorial relating to Mexican lead ores coming into the United States. Carpenter replied that the question was not in order, and the point of order was decided well taktn by the chair. Warren moved to withdraw the resolu tion from the committee to whom it was referred and re refer it to another com mittee. Maginnis objected, as Carpenter was one of the most attentive and enterprising men in the convention, and Middleton moved that Warren's motion be laid on the 'able Carried. Carpenter sta'ed that the committeejhad intended meeting to discuss this question yesterday at dood, but several of 1 he com mittee had left the building before they could be notified. They would meet at noon to day. Goddard moved the convention go into committee of the who e for consideration of General File. Carried. Chessman in the chair. Proposition 38, article on schedule, was taken np. Sections 1, 2, and 3 were passed without amendment. Section 4 was amended by Bickford, who moved to insert in line 4, after the word "shall," the words "except as in the consti totion otherwise provided." Carried. Section 5 was read, and as amended by Hershfield, is as follows : Clerks of district courts, until otherwise provided by law, shall each perform the duties and be entitled to the same fees as now provided by law tor clerk of the Dis trict Court of the Territory, and until otherwise provided bv law, shall also per form the services that are now applicable to clerks ot probate conits. Hetsfield's amendment was pat to vote and lost. Section 9, slightly amended by Burleigh, changing the reading of line one, was adopted. Remaining sections were adopted with out material amendment. Knowles offered a new section to the proposition to be numbered 17, providing as follows: Members of the first legislative assembly provided for by this constitution shall be elected at the same time as is provided for by law for the election of other county officers. The section was adopted and another was offered to be numbered. Section 18 providing that district judges and clerks shall enter npon the discharge of their duties ten days after the State has been admitted. While this was pending Callaway moved the committee arise and report pro gress and ask leave to sit again. Convention resumed. Chessman, chair man of committee of the whole, reported Report received and adopted. Cooper, chairman of the committee to whom was referred proposition 40, report ed. Report received, read and referred to the printing committee. Warren moved that after propositions had been passed by the revision committee they be again printed, bat withdrew his motion until after recess for dinner. Recess nntill 2 p. m. LEGISLATIVE APPORTIONMENT As Reported To-Day by Committee to the Constitutional Convention. Whenever new couotiea are created each of said connties shall be entitled to one Senator, but in no case shall a senatorial district consist of more than one connty. Section 4. The Senatorial Districts of the State shall be constituted and num bered as follows: 1st District—Beaverhead, 1 Senator. 2nd—Madison, 1. 3rd—Gallatin, 1. 4th—Jefferson, 1. 5th—Deer Lodge. 1. 6th—Missoula 1. 7th—Lewis and Clarke 1. 8th— Choteau 1. 9th—Meagher 1. 10th—Silver Bow 1. 11th—Custer 1. 12th—Yellowstone 1. 13th—Dawson 1. 14th—Fergus 1. 15th—Park 1. 16th—Cascade 1. Until an apportionment of representives be made in accordance with the provisions of this article they shall be divided among the several counties of the State in the fol lowing manner : Jefferson and Gallatin, jointly—1 rep. Dawson and Cascade, jointly—1 rep. Caster—2 rep. Choteau—2 rep. Meagher—2 rep. Cascade—2 rep. Park—2 rep. Yellowstone—1 rep. Gallatin—2 rep. Madison—2 rep. Deer Lodge—7 rep. Jefferson—3 rep. Silver Bow—10 rep. Beaverhead—2 rep. Missoula—5 rep. Fergus—2 rep Lewis and Clarke—8 rep. Deer Lodge and Beaverhead—jointly, 1 rep. STATES RIGHTS. This term has acquired a certain invid ious signification by being employed to distinguish a party that, while in the mi nority, held that the States were more sovereign than the nation, because they preceded it. It was carried to an extreme in the Ken tucky and Virginia resolutions drawn by Jefferson and Madison. But when these same states rights leaders come to exercise the powers of the national government, none ever went farther than they did in claiming and exercising plenary powers for the central government. States rights is the doctrine generally held by the party that is oat of power in the general government, with poor prospect of getting into power. So it was that the Democratic party was greatly in favor of civil service reform, tilt it got in its way. Human nature is very much the same in both parties. As for ns, having lived so long in a Ter ritory with none of the principal rights distinctive of American citizens, without any effective representation in Congress, without any voice in the selection of oar principal Territorial officers and our legis lative powers limited and hampered in every direction, we have come to think a good deal of State's rights, and have come to the conclusion that they are the most substantial and practically valnable of all the rights that an American citizen enjoys. Certainly at a time when, after weary waiting, we are about to enter upon the fruition of those rights, we are not disposed to belittle them. We want the full benefit of them in their greatest length and breadth. Let there be no misunderstanding, we do not nse the word in its restrictive, invidious party sense. We do not believe in the right of nullification or secession, nor would we deprive the National government of any powers or means to defend its exist ence and achieve the largest national ca reer. Bat iDside of these lines we want for the State of Montana the largest measure of state rights that we are entitled to. We believe in no snch absurdity as that the part is greater than the whole, or that there should or can be any divided allegiance and that onr first allegiance is dne to the State. Onr doctrine is that no man can be a good citizen of a State with out being loyal to the general government and vice versa. The States are nothing without the Nation and the latter is nothing without the former. The policy of the party in control of the nation may not be the one most favorable to the present interests of each State, bat it is the duty of the States to adjnst their interests to those of the majority of the nation. We are one for better or for worse and there is no divorce bat saicide. The Commissioner of the Land Office has been rather dilatory in issuing his cir cnlar of instructions to the land offices respecting the filing of claims in lands that may be designated as bites for reservoirs or claims to control laVee and water courses. If issued soon after the passage of the law in October last, it would have prevented very much foolish expenditure of motiey and misdirected effort. Now the land officers are directed to cancel all snch filings and to receive no more. It was the purpose of Congress that the geological survey should be unrestricted in the selection of the most eligible sites for reservoirs, canals, etc. What selections were to be made could not then be told* No surveys had been made so that any in telligible designation conld be made of particular lands. Until the geological sur vey designates the locations selected we cannot see how the land officers can tell what filings to cancel or what ones to re fuse in future. The letter of the Commis sioner most be regarded as precautionary The reservation is absolnte from the time of the passage of the act and every one is presumed to know the law. NOT TOO LATE. The constitutional convention, now well advanced in its labors, promises to leaxe ns an organic law so good that it is greatly to be regretted the members do not appreci ate the situation and leave ns one wholly good. If the convention should reverse its action apon two propositions we think the people of Montana would approve their labors at the capital with substantial unanimity, and would give them the credit of having dis charged their high duty with very great fidelity and intelligence. It is to be regretted, and the regret will grow as the matter is examined, that the apportionment of the members of the apper bouse is not based npon population so near as it is possible to accomplish that result. No plea has been entered, so far as we know, in justification of this action of the convention; but several matters have been urged in extenuation or by way of excuse. Since the Revolutionary War it is not necessary in Republican America to stop and argue that governments derive their just powers from the consent of the gov erned, or that the majority shall rule. There cannot be created by law a privi ledged or favored class, nor yet a class of pariahs. Equal rights, the rallying cry of so many political battles, in so many dif ferent lands, scarce requires modern 1 indi cation in democratic America. We have flattered ourselves that the ten dencies toward democratic institutions in Italy, Germany, Russia, Brazil and other lands, were the contagion caught from our own free institutions, but here in Montana it would appear that a reaction has set in, upon some excuse or other, in favor of tak ing away government from the people, and in favor of distributing political power un equally. Nowhere else among the four States framing constitutions has any ten dency like this been observed. Nor are the statements concerning precedents for this of any consequence, even if those state ments were true, which they are not. Nor do the fears which pxcite nor the alarms which disturb our constitution makers jus tify them in reposing ten times as much political power in the hands of one man as in the hands of another. Within the defi nition of equal aud exact justice to all men lies the right to cast a vote, to have it counted, and when counted to have it given its equal and exact political effect. A provision like the one adopted in onr constitutional convention logically abol ishes the rallying cries of the Republic, the axioms of the century, the traditions of a generation, and we fear will excite some thing more than disapproval in the bosoms of onr sister commonwealths. We fear that it will call a sadden halt npon our as pirations to Statehood, that the President will decline to see that this constitution is republican in form when presented to him, as it will appear that it disfranchises large bodies of citizens, innocent alike of ignor ance or crime, and presents a series and system of rotten boroughs which were not excelled in Great Britain daring the first half of the present centary. Whoso historically traces the impnlse and trend of the era mast see that this is a reversal of every impulse and a disregard of every sign of the times. Whoso expects silence upon this subject is doomed to dis appointment. The wrong will be present ed to the citizens ot Montana, and if their jnst minded characteristics shall continue hereafter as they have heretofore, this wrong will be repaired. It may be after much discussion and through great tribu lation. As one after another the excases for such a provision are stripped of their sophistry and shown in their trne naked ness, the wrong will seem more and more unjustifiable, and more and more will the people wonder that so many very excellent gentlemen could be foand to thoughtlessly perpetrate such a wrong. The constitutional convention within its doors may seem to the friends of such a measure above condemnation, but this con s itution is about to be presented to 200, (XM) people, sagacions, keen, just minded, intelligent and the balk of them learned. They know their rights and what they ex pect of this body of men. Throughout the domain of Montana not a solitary man mingling in this great business of State making is willing to surrender a single right that he possesses, and what he claims for himself he is ready to accede to every other citizen. No delegate has been sent to the capital to obtain an advantage over any portion of the State or any citizen in it, and we con sider it perfectly certain that as this mat ter is examined coolly, when the event which created it shall have passed away, no just minded man will approve it. And we appeal to the delegates ro re-examine this matter, to do it in the light of axio matic truth, to not be diverted bysnppoied precedents, which if we shall travel far enough we shall find to be plenty Lot merely existing, bat in barbarous times that are passed when a few nobles and privileged classes governed mankind. It is easy now to repair this wrong be fore it has wrought mischief, for mischief is its inevitable fruitage. The great ma jorities which are deprived of their rights thereby, if they shall appeal in vain for justice, will loose somewnat their affection for their fellow citizens, aud in spite of themselves somewhat their affection for their State. It is the excellence of institu tions which makes them dear, makes men ready to die for their preservation, and in America men will hesitate to make sacri fices for the government that perpetrates npon then, a wrong. If such i provision of organic law shonld remain a permanent thing in Montana, possessing power to perpetuate itself, it wonld profoundly affect the moral and political condition of affairs. If not cor rected peaceably, we decline to say or think of the processes by which its cor rection will be made sure. It will breed dissatisfaction and disorder, create preju dice and resentment, produce riots and pos sibly revolution. It cannot bat impair the excellence of onr institutions, and now is the time to correct it A jnst apportion ment will give to some localities larger representation, geographically considered, than others, although we have noticed in the arguments by which this county dis tribution is sought to be sustained exagger ations of the supposed preponderance given the western counties of Montana. Demo cratic government should not be driven from Montana by alarms or fears, by preju dices or hatreds; but we should all sur render our wishes and onr will to the action of the majority, trusting to their eense of fairness to do that which is right. In the confident hope that the .few days that remain to the constitutional conven tion will witness a repair of this prop wed wrong, we leave the subject. * * * Another matter which would greatly improve the constitution, in our own view, is the submission to the legislative assem bly of the question of female suffrage. It is not necessary to enquire whether female suffrage is now desirable or is not desired. It is sufficient for constitution makers to know that it is a subject of fair discussion, about which grave differences of opinion exist and therefore which should be left, that the law may respond to the judgment of the people, without being hedged about with constitutional prohi bitions. If taxation and representation are insep arable, it is difficult to justify the exclu sion of so large and intelligent and moral portion of the property owners from the ballot. Dr. Samuel Johnson issued a fulmina tion against the declaration of American independence, entitled, "Taxation No Tyranny," but the present objectors to female suffrage cannot find a weapon in that remote aud almost forgotten arsenal to justify the position which they main tain. But let us dismiss such considera tions. Woman suffrage has many votaries in Montana and they have come to stay. Any attempt to treat them unfairly will augment their influence and power, and we see no possible harm in giving to the State the regulating of this matter, and we invoke of the constitutional convention a reconsideration of the action it has taken. With these two provisions corrected, the constitution will still be vulnerable to the accusation that it contains much legisla tion; bat it may generally be said of that legislation, that the chiefest objection to it is and it is misplaced, being pnt into an organic law instead of into a statute. We trust, therefore, with no feeling of pride, with no desire to acquire or main tain advantages over any citizen of Mon tana, that the members of the sonstitu tion convention will reconsider their action in the two matters we have indicated, and will leave us an organic law for onr noble State of Montana for which every citizen may shout and every just-minded citizen vote. If snch shall be the action of the mem bers of the convention, it is no exaggera tion to say that future generations will rise np and call them blessed. THE NEW COMMISSION EK OF EDUCATION. President Harrison, in the appointment of Prof. William T. Harris, of St. Loais, Commissioner of Edacation, has made a selection that honors his administration, honors the cause of edacation and gives promise of good frnit in all directions. Prof. Harris has not only won world wide fame as a philosopher, bat his long ex perience at the head of the public echools of St. Louis demonstrated that he was a good deal more than a profound thinker, as well as a practical, progressive aud suc cessful educator. The selection of such a man as the head of our national educational department will command the respect of the whole country and all the best edneators in it. It is in no sense a political appoint ment and we do not care if it be trne, as the New York Herald asserts, that Profes sor Harris is a tariff reforme We want a first class man who understands the mat ter of education both theoretically and practically. Edacation is a matter ol pride and interest to all peoples of all countries, bat to us it is one of fundamental and im perative necessity. Free institutions can not exist without general edacation. Uni versal suffrage is as liable to be a source of harm as of good without universal intelli gence. We spend more money for onr public schools than any coun try in the world, and the general standard of intelligence is correspondingly higher. But there is a widespread and growing conviction that the results are by no means proportioned to the cost. With abler men at the head of onr national bareact, we believe the good effects will soon be apparent and that the means will be cheerfully voted to make it more efficient. The same fault is found with the reports of the department of edacation as with those of the census. They are bo late in coming oat that they lose mach of their value. We have confidence that nothing will be published bat what is of real vaine and that what is of most vaine will ap pear in time to accomplish the most bem fit. The bicyclist, Van Sicklen, covered the distance between Chicago and Kansas City, last week, inside of three days, averaging a ride of 123 miles a day. He recemly ' wheeled" the interval between New York and Albany in seventeen hours and fifteen minutes, a distance of 168 miles. The notorious David S. Terry wrs killed to day at Latbrop, Cal., by a deputy mar shal. Particulars in telegraphic report. Found Guilty. Paris, August 14.—The Senate court has foand that Coant Dillon and Henri Rochefort were accomplices of Boalanger in his felonious attempt against the safety of the state. indicted. PcRvis, Miss., August 14.—Indictments have been presented against Sullivan and Fitzpatick. It is understood that Kilrain and his seconds have also been indicted. The grand jury is still in session. Distresss after eating, heartburn, sick head • ache and indigestion are cared by Hood's Sarse pari 11a. It also creates a good appetite. LOCAL JEALOUSIES. It is one of the evil effects of our long Territorial vassalage that Montana bas up to this time been rather a geographical ex pression than a substantial political entity. The body has had an artificial head that wagged responsive to its creator in Wash ington rather than to the interests and wishes of our own people. The conse quence has naturally been that each locality has attempted to cultivate its local interests and ambitions without mach thought of the general re sult. And now when for the first time our people as a whole are as sembled to provide a State government that shall make Montana something more than a name to the world, but a significant unit as a commonwealth, equal in all the elements and attributes of power to any of the original States, we find the representa tives still chiefly absorbed and impelled by their old local contentions, seemingly more intent to get some advantage over another locality than considerate of the general welfare. It is neither an interesting or elevating spectacle, however natural it may be When the representatives of one locality openly avow themselves ready to enter in to any combination to beat another, with out concern for the general wellare, it bodes no good for the framework that is to make us one people before the world. If an acceptable and creditable constitution is framed by men acting under the impulse of such intense local prejudices, it will be more an accident than an natural result. Within certain limits local rivalries pro mote the general good, but carried too far they become discreditable aud mutually destructive The State of Montana can only attain its best development when each portion is in terested in the w e<fare of every other por tion, when the common good is kept upper most, and local ambitions are not allowed to degenerate into tirades of abuse and schemes of intentional injnry. It is a good deal more to be a citizen of Montana than of any county or city in Montana, and the only worthy ambition of snch a citizen is to seek the good of all and the injury of none. „ Kilrain Arrested. Baltimore, August 14.—Jake Kilrain was arrested this morning on his arrival from Norfolk, on a requisition from the Governor of Mississippi. Jake took his arrest quietly and ccolly. He said: "I intended all along to give myself up and was only waiting to see what they would do with Sullivan. I thought it better to do that than keep doging around the country trying to evade arrest. Unfortunately, however, I am home a few days too soon. Had I waited a little longer I would have known what v as done to Sullivan and then would know what to expect." News of the arrest was a once tele graphed to Governor Lowry, of Mississippi, and Jake will probably be seat there to night in charge of officers. A warrant for his arrest has been in the hands of officers and they have been on the lookout for him for two weeks. Badly Damaged Hoad. Pueblo, Col., August 1st.—The Rio Grande road is agaia running trains west on time. The West Cliff branch is said to be damaged to the amount of $60,006, and parties jnst down from there say it will lie a month before it will in running order again. In a distance of seven miles seven bridges were swept away, and the passenger trains caught in the flood are atill there. A Sham Battle. Berlin, August 14 —Emperor William and the Emperor of Austria left Berlin this morning for Spandan, where a sham fight took place. One side used the new smoke less powder and the other the old style of powder. The contrast was striking. After the battle Emperor William called the officers together and criticized the opera tions. The Emperors lunched in a tent on the field and then returned to Berlin. Their Sentence. Paris, August 14.—The court found BonlaDger guilty of the charge of em bezzling public funds and refused to allow any extenuating circumstances. The coart then sentenced Boalanger, Dillon and Rochefort to lie deported to a fortified place. A Wet Journey. Bangor, Maine, Angnst 14.—The Presi dent and party left Bar Harbor in a rain storm, reaching this place at 11 o'clock. Hood's Sarsaparilla Isc.refu ly prepar d from Sarsaparilla, u. nde lton, Mandrake, Dock, Pipslssewa, Juniper Ber ries, aud other well known and valuable vege table remedies, by a peculiar combination, pro portion and process, Riving to Hood's Sarsaparilla curative powers not possessed by ot er edicines. It effects remarkable cures where others fail. Hood's Sarsaparilla Is the best blood purifier before the public. It eradicates every impurity, and cu'es Scrofula, Salt Rheum, Boils, Pimp.es, all Humors, Dyspep sia, Biliousness. Sick Headache, Indigestion, General Debility, Catarrh, Rheumatism, Kidney and Liver complaints, overcomes that tired feel ing, creates an appétit», and builds up the*rstem. Hood's Sarsaparilla Has ' a good name at home." Such has become it* popularity in Lo veil. Miss., where it s made, that whole neighborhoods are taking it at the same time. Lowell druggists say they sell more of Hood s Sarsaparilla thin all other sarsapa rillaa or blood purifiers. The same success is extending all over the country, as i s real merit become* known Hood's Sarsaparilla Is pecu iar in the confidence it gains among all classes of people. Where it is once used it be comes a favorite remedy, and is often adopted as the standard medicine. Do not be i idnoed to buy other preparations. Be sure to get Hood's. Hood's Sarsaparilla Is peculiar in its strength and economy. It costs the consummer less t lan any other medicine, hi cause of its greater concentrated strength, and the quanti y in each bottle, and because it is the only preparation of which can truly be said "IOO Doses Oue Dollar." Dood'« Sarsaparilla j s by all drug gist*. 51; six for 55. Prepared only by C. I. HOOD <fc Co., Apo'hecarles, Lowell, Mass. IOO Doses One Dollar.