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Section 23. Appeals shall be allowed from

Justice Courts in all cases. 24. The Legislative Assembly shall have power

to create such Police and Municipal Courts

as may be deemed necessary. 25. The Supreme and District

Courts shall Courts of

Record. 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 Su

preme 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 pro

vided by law. 31. No justice or clerk of the Supreme Court,

nor judge or clerk of any District Court

shall practice law. 32. Opinions and decisions of the

Supreme Court may be pub

lished. 33. All officers provided for in this

article shall reside, during the term of their office, in the aistrict, etc., from which they

were elected or appointed. 34. Vacancies in Supreme and Dis

trict Courts to be filled by ap

pointment of the Governor. 35. Judges of the Supreme and Dis

trict Courts shall hold

Rights of Suffrage and Qualifications to


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 consecu-
tive days shall be deemed to
have forfeited his office.

Hold Office.
1. All elections by the people shall

be by ballot. 2. Qualifications required to vote. 3. For the purpose of voting no

person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the

State or the United States. 4. Electors privileged from arrest. 5. No elector obliged to perform

military duty, etc. 6. No soldier, or seaman or marine

in the army or navy of the United States shall be deemed

a resident, etc. 7. No person shall be elected or

appointed to any office in this State who is not a citizen of

the United States, etc. 8. Those who may not vote. 9. Legislature shall have the

power to secure purity of elec

tions. 10. Women may hold office and

vote in school districts. 11. Those qualified to vote shall be

eligible to any office in the State, except as otherwise pro

vided. 12. Questions submitted to the vote

of the taxpayers of the State or any political division thereof, women who are taxpayers, etc., shall have the right to

vote. 13. A person receiving the highest

number of legal votes shall be declared elected.


State Institutions, Public Buildings. 1. They shall be supported by the

State, as prescribed by law. 2. The location of the seat of gov


Section 2. Enumeration of what property

is to remain exempt from

taxation. 3. All mines and mining claims of

gold, silver or other valuable mineral deposits have to purchase thereof from the United States, shall be taxed at the price paid the United States

therefor. 4. The Legislature shall not levy taxes

upon inhabitants or property in any county, city,

town, etc. 5. Taxes for city, town and school

purposes may be levied, but the assessed valuation of such property taxed shall not exceed the valuation for State

and county purposes. 6. No city, county, town, etc., shall

be released from its propor

tionate share of State taxes. 7. The power of tax corporations

shall never be relinquished. 8. The corporate debts of public

corporations shall be provided

for by law. 9. The rate of taxation on real

and personal property. 10. No money shall be drawn from

the treasury except by appro

priation made by law. 11. Taxes shall be uniform upon the

same class of subjects. 12. No appropriations shall be made

or expenditures authorized whereby the expenditures of the State shall exceed the

total tax. 13. The Treasurer shall keep

separate account of each fund in his hands, and shall make

quarterly report to the



3. When the seat of government

shall have been located it shall
not be changed except by a
two-thirds vote of all the

electors of the State.
4. In regard to appropriations for

capital buildings, etc. 5. The counties shall provide for

those in need of aid.


Education. 1. A uniform system of free pub

lic schools. 2. Public school fund of the State

and school lands. 3. Such public school funds shall

forever remain inviolate. 4. State Board of Land Commis

sioners, to consist of whom,
5. The interest on invested school

funds, etc., shall be appor-
tioned to the several school

districts of the State.
6. Additional money to be raised

by the Legislature by taxa

7. The free schools open to all

children and youths between
the ages of six and twenty-

8. No money to be granted by the

State for any sectarian pur

9. No religious or partisan test

shall be required for admis-
sion to any public educational

10. All elections of school officers

to be separate from those of

the State. 11. State Board of Education has

general supervision.
12. The funds of the State Uni-

versity and all other State
institutions of learning shall
forever remain inviolate.

14. The making of profit out of pub-

lic moneys shall be deemed a

felony. 15. The Board of Equalization for

State and county. 16. Property shall be assessed in

the manner prescribed by law,


Rerenue and Taration,
1. Necessary revenue for the sup-

port of the State shall be pro-
vided for by the Legislature.



for municipal corporations,

etc. 3. The Legislature shall have the

power to alter or revoke or

annul charters. 4. It shall provide by law for the

election of directors, etc., of

incorporated companies. 5. All railroads shall be public

highways, and with transportation and express companies,

common carriers. 6. No such corporations shall con

solidate with competing or

parallel lines. 7. No discrimination in charges for transportation of freight

passengers of the same class should be made. 8. No railroad, express or other


except if otherwise provided

17. The word "property" defined.
18. The Legislature shall pass all

laws necessary to carry out
the provisions of this article.


Public Indebtedness. 1. The State or any of its subdi

visions shall not give or loan

its credit. 2. In regard to the power of the

Legislature to create debt, and

the limit thereof. 3. In regard to borrowed money

and the purpose for which it

shall be used. 4. The State shall not assume the

debts of any of its subdivi

sions. 5. In regard to the powers of a

county to create a debt. 6. The same of cities, towns, town

ship or school districts.

transportation company in existence at the time of the adoption of this Constitution shall have the benefit of fu

ture legislation, etc. 9. The right of eminent domain

shall never be abridged. 10. Fictitious increase of stock or

indebtedness shall be void. 11. No foreign corporation shall do

business in this State without having one or more known

places of business, etc. 12. No street railroad shall be con

structed in any city or town without the consent of the

local authorities. 13. The Legislature shall pass no

law for the benefit of a rail

road or other corporation, etc. 14. In regard to the right to con

struct or maintain telegraph or telephone lines.-They shall not consolidate with any other

similar company. 15. If any State, railroad, telegraph,

telephone or express corpora. tion shall consolidate with any other corporation organized under other States or Territories they shall not become foreign corporations.


Military Affairs. 1. The militia, to consist of whom. 2. They shall be organized, equip

ped and disciplined. 3. The militia shall be maintained

by State appropriations. 4. The Legislature shall provide

by law for military records,

relics, etc.
5. When the Governor shall be out

of the State in time of war he
shall continue commander-in-
chief of the militia.

Corporations Other than Municipal.
1. All existing charters or grants

under which business has not
been commenced in good faith
at the time this Constitution
was adopted, shall thereafter

have no validity.
2. No charter of incorporation

shall be extended, etc., except

[blocks in formation]

Miscellaneous Subjects and Future

Amendments. 1. The following oath to be taken

by officers. 2. Lotteries and gift enterprises

illegal. 3. Laws shall be enacted to pre

vent the destruction by fire of the grasses and forests on

the lands of the State. 4. The Legislature shall enact lib

eral homestead and exemption

laws. 5. No perpetuities shall al

Municipal Corporations and Officers. 1. The counties of the Territory of

Montana, as they exist at the time of its admission as State, shall remain the same


lowed, except for charitable

purposes. 6. County officers to keep their

offices at the county seats. 7. In regard to public lands, pre

ference shall always be given

to actual settlers thereon. 8. A convention to revise, alter or

amend the Constitution may

be called. 9. Amendments may be proposed

in either house.

until changed by law. 2. In regard to removal of the

county seat.
3. In all cases of the establish-

ment of a new county it shall
pay its

rateable proportion
other than existing liabilities
of the county or counties in

which it is formed, etc. 4. Each county shall elect three

county commissioners, their

term of office. 5. Enumeration of the county

officers to be elected.
6. In regard to the appointment

of such other county, town-
ship, precinct and municipal
officers as may be required.


Public Lands.


Schedule. 1. All laws of the Territory not in

consistent with the Constitu

tion shall remain in full force. The same of all lawful orders,

judgments, decrees, etc. 3. No crime or criminal offense

committed against the laws of the Territory shall abate by reason of the change to a

State form of government. 4. In regard to the changing of

certain words in the laws of
the Territory.

1. In regard to public lands.
2. What lands may be sold or

3. All other public lands may be

disposed of as provided by law.

5. Clerks of District Courts, etc.,

to remain the same as while

under the Territory.
6. State and other seals under the

Territorial government shall
remain the same until other-

wise provided for.
7. Prosecutions for criminal of-

fenses against the laws of the

Territory shall not abate. 8. Persons confined under lawful

commitments shall continue

to be confined. 9. All rich processes, etc., shall

continue. 10. All undertakings, bonds, obliga

tions, etc., shall continue.
11. All property, real or personal,

etc., belonging to the Terri-
tory, shall become the prop-

erty of the State.
12. All obligations of the Territory

assumed by the State.

13. All cases and proceedings pend.

ing in any Probate Court of
the Territory are hereby
transferred to the District
Court in and for the same

county. 14. All actions, cases and proceed

Ings pending in the Supreme and District Courts of the Territory shall be transferred to the United States Circuit

and District Courts. 15. All actions, cases, etc., pending

in the Supreme and District Courts of the Territory shall be transferred to the Supreme and District Courts of the

State. 16. Until otherwise provided for,

the seal of the Territory shall

be the seal of the State. 17. All Territorial, county and

township officers shall tinue the same in the State.




We, the people of Montana, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a State government, do, in accordance with the provisions of the Enabling Act of Congress, approved the 22d of February, A. D. 1889, ordain and establish this Constitution.


Section 1. The boundaries of the State of Montana shall be as follows, to wit: Beginning at a point formed by the intersection of the twenty.seventh degree of longitude west from Washington with the forty-fifth degree of north latitude, thence due west on the forty-fifth degree of latitude to a point formed by its intersection with the thirty-fourth degree of longitude west from Washington, thence due south along the thirty-fourth degree of longitude to a point formed by its intersection with the crest of the Rocky Mountains, thence following the crest of the Rocky Mountains northward to its intersection with the Bitter Root Mountains, thence northward along the crest of the Bitter Root Mountains to its intersection with the thirty-ninth degree of

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