Page images
PDF
EPUB

CONSTITUTION OF THE STATE OF MONTANA.

Article.

1. Boundaries.

2. Military reservations.

3. Declaration of rights

4. Distribution of powers.

5. Legislative department.

6. Apportionment and representa

tion.

7. Executive department.

8. Judicial department.

9. Rights of suffrage and qualifications to hold office.

[blocks in formation]

Section

3. All persons are born equally free and have certain inalienable rights.

4. Freedom of religious thought and worship.

5. All elections to be free.

6. All courts of Justice shall be open to every person; right and justice shall be administered without sale or delay. and searches

and public

7. Unreasonable

12. Revenue and taxation.

13. Public indebtedness.

14. Military affairs.

15. Corporations other than muni

[blocks in formation]

seizures prohibited.

8. All criminal actions in the Dison trict Court, except those appeal, shall be prosecuted by information after examination and commitment by a magistrate.

9. Treason against the State defined.

10. Freedom of speech. In suits for libel truth may be given in evidence.

11. No expost facto law or law impairing the obligation of contracts shall be passed.

12. No persons shall be imprisoned for debt.

13. The right to bear arms. 14. Private property taken for public use shall have just compensation.

15. In regard to the use of water. 16. In all criminal prosecutions the accused shall have the right to defend in person and by council.

17. Witnesses not to be unnecessarily detained.

18. No persons put in jeopardy twice for the same offense. 19. All persons shall be bailable, except for capital offenses.

Section

20. Excessive bail or excessive fines shall not be required nor cruel punishments inflicted.

21. The writ of habeas corpus. 22. The military subordinate to the civil power.

23. The right of trial by jury shall remain inviolate.

24. Laws for the punishment of crime founded on principles of reformation and prevention.

25. Resident aliens shall have the same right as citizens to acquire and purchase property, etc.

26. The people have the right to assemble peaceably for the common good.

27. No person shall be deprived of life, liberty or property without due process of law. 28. Slavery or involuntary servitude prohibited, except as punishment for crime. 29. The provisions of this Constitution are mandatory and prohibitory.

30. The enumeration of rights in this Constitution shall not impair other rights held by the people.

31. No armed body of men shall be brought into this State for the suppression of domestic violence, except.

ARTICLE IV.

Distribution of Power.

1. Shall be vested in the Legislative, executive and judicial.

ARTICLE V.

Legislative Department.

1. Vested in the Senate and House

of Representatives.

2. Senators elected for four years, Representatives for two years.

3. To be eligible for a member of the Legislature.

4. To consist of sixteen Senators and fifty-five Representatives.

Section

-The State shall be divided into Senatorial and Representative districts.

5. Compensation of members of the Legislative Assembly.Sessions shall not exceed

sixty days.

6. The time for beginning the sessions.

7. No Senator or Representative shall be appointed to any civil office.

8. No member shall have an increase of salary or mileage during his term.

9. President of the Senate and Speaker of the House to be elected.-Each house shall be Judge of the elections and qualifications of its members. 10. Majority of each house shall constitute a quorum.

11. The powers of each house. 12. Each house shall keep a journal of its proceedings.

13. The sessions of each house shall be open, unless.

14. They may not adjourn for more than three days.

15. To be privileged from arrest.When.

-16. The sole power of impeachment shall vest in the House of Representatives.

17. Certain State officers liable to impeachment.

18. All officers not liable to impeachment shall be removed. 19. No law shall be passed except by bill.

20. The enacting clause of every

law.

21. No bill for the appropriation of money, except the expenses of the government, shall be introduced within ten days of the closing of the session, except.

22. No bills shall be considered or become a law unless referred to a committee, returned therefrom and printed for the use of the members.

Section

23. No bill to contain more than one subject.

24. No bill shall become a law except by a vote of the majority of each house.

25. No law shall be revised or amended, etc., or the provisions thereof extended by reference to its title only. 26. The Legislative Assembly shall not pass local or special laws, as in the following enumerated cases.

27. The presiding officer of each house shall sign bills and joint resolutions.

28. The number, duties and compensation of the officers and employes of each house shall be prescribed by law.

29. In regard to extra compensation to public officers, vants, employes, etc.

ser

30. In regard to stationery, printing, etc.

31. Except as otherwise provided in this Constitution, no laws shall extend the term of any public officer or increase or diminish his salary.

32. All

bills for raising revenue shall originate in the House of Representatives.

33. The general appropriation bills shall embrace nothing but appropriations.

34. No money shall be paid out of the treasury except an appropriation made by law.

35. No appropriations for educational or charitable purposes unless under absolute control of the State.

36. No private corporation or association shall have the power to interfere with any municipal improvement, etc.

87. In regard to the investment of trust funds.

38. The State may not contract any debt in the construction of any railroad.

Section

39. In regard to the liability or obligation of any person, association or corporation held or owned in the State.

40. All orders, resolutions or votes shall be presented to the Governor before it shall take effect.

41. In regard to any member of the Legislative Assembly promising to give his influence or vote for or against a measure. 42. In regard to bribing State officers.

43. Corrupt solicitation. 44. A member who has a personal or private interest in any measure or bill shall not vote thereon.

45. When a vacancy occurs in either house the Governor

shall issue writs of election to fill the same.

ARTICLE VI.

Apportionment and Representation. 1. One Representative-at-large to be elected to Congress. 2. A census shall be taken in 1895, and every tenth year thereafter. The apportionment for Representatives shall be revised after each census. 3. Representative districts may be altered from time to time. 4. When new counties are created, they shall be entitled to one Senator.

5. The Senatorial districts of the State are as follows.

6. The present apportionment of Representatives.

ARTICLE VII.
Executive Department.

1. To consist of whom.

2. Their election.-In case of tie how decided.

3. To be eligible to the officce of Governor, Lieutenant-Governor, or Superintendent of Public Instruction, etc.

Section

4. Compensation for the same. 5. The supreme executive power vested in Governor, who shall see that the laws are faithfully executed.

6. The Governor shall be commander-in-chief of the military forces of the State. 7. The Governor to nominate and, with the consent of the Senate, to appoint all officers, etc. 8. A State Examiner.-His duties, compensation.

9. The Governor shall have power to grant pardons, reprieves, etc.

10. The Governor may require information from the officers of the executive department, etc. 11. He may, on extraordinary occasions, convene the Legislature.

12. Every bill passed by the Legis

lature, before it shall become a law, shall be signed by the Governor.

13. The Governor shall have the power to disapprove of any item.

14. When the Lieutenant-Governor has to fill the office of Governor.

15. Lieutenant-Governor

shall be

President of the Senate. 16. When the President of the Senate pro tempore is to act as Governor.

17. Seal of State, shall be kept by the Secretary of State.

18. All grants and commissions shall be in the name and by the authority of the State. 19. All moneys received and disbursed by State officers shall be accounted for.

20. Board of State Prison Commissioners.-To consist of whom.

ARTICLE VIII.

Judicial Departments.

1. The judicial power of the State shall be vested in the Senate.

[blocks in formation]

8. Particulars in regard to election of judges of the Supreme Court.

9. Clerk of the Supreme Court, his term of office and election. 10. To be eligible to the office of justice of the Supreme Court. 11. The District Court shall have original jurisdiction, etc. 12. The State shall be divided into judicial districts, in each of which there shall be elected one judge of the District Court.

13. Until otherwise provided by law, the judicial districts of the State shall be as follows. 14. The Legislative Assembly may increase or decrease the number of judges in any judicial district.

15. Writs of error and appeal from the District Courts to the Supreme Court.

16. To be eligible to the office of judge of District Court. 17. District Court shall always be open except on legal holidays and non-judicial days.

18. There shall be a clerk of the District Court in each county. 19. Each county to have a county attorney, his qualifications, etc.

20. Justices of the peace, their election and term of office.

21. Their jurisdiction.

22. Justice Courts shall always be open except on legal holidays and non-judicial days.

[blocks in formation]

26. All laws relating to courts shall be general and of uniform operation.

27. The style of process shall be.

28. There shall be but one form of civil action.

29. The pay of justices of the Supreme Court and judges of the District Court.

30. No justice of the Supreme Court or judge of the District Court shall receive any perquisites, etc., except the salary provided by law.

31. No justice or clerk of the Sunor judge

preme Court,

or

clerk of any District Court shall practice law.

32. Opinions and decisions of the Supreme Court may be published.

33. All officers provided for in this article shall reside, during the term of their office, in the district, etc., from which they were elected or appointed.

34. Vacancies in Supreme and District Courts to be filled by appointment of the Governor. 35. Judges of the Supreme and District Courts shall hold no other public office.

36. A civil action in a District Court may be tried by a judge pro tempore, etc.

37. Any judicial officer who shall absent himself from the State for more than sixty consecutive days shall be deemed to have forfeited his office.

[blocks in formation]
« PreviousContinue »