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Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, August 15, 1889, Image 2

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84036143/1889-08-15/ed-1/seq-2/

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THE CONVENTION.
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.

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