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 qualifi cations to hold office. 10. State institutions and public buildings. 11. Education. 12. Revenue and taxation. 13. Public indebtedness. 14. Military affairs. 15. Corporations other than muni cipal. 16. Municipal corporations and off cers. 17. Public lands. 18. Labor. 19. Miscellaneous subjects and fu ture amendments. , 20. Schedule. Section free and have certain inalen able rights. 4. Freedom of religious thought and worship. open to every person; right tered without sale or delay. seizures prohibited. 8. All criminal actions in the Dis trict Court, except those on appeal, shall be prosecuted by information after examination and commitment by a magis trate. 9. Treason against the State de fined. 10. Freedom of speech. In suits for libel truth may be given in evi dence. 11. No expost lacto law or law im pairing the obligation of con tracts shall be passed. 12. No persons shall be imprisoned for debt. 13. The right to bear arms. 14. Private property taken for pub lic use shall have just compen sation, 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 unneces sarily detained. 18. No persons put in Jeopardy twice for the same offense. 19. All persons shall be bailable, except for capital offenses. ARTICLE I. Boundaries. Section 1. The boundaries of the State. ARTICLE II. Military Preservation. 1. United States has authority over certain military reservations. ARTICLE III. Declaration of Rights. 1. All political power is vested in the people. sive right of governing them- 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 preven tion. 26. 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 with out due process of law. 28. Slavery or involuntary servi tude prohibited, except as punishment for crime. 29. The provisions of this consti tution are mandatory and prohibitory. this Constitution shall not the people. brought into this State for the Section -The State shall be divided into Senatorial and Represen tative districts. 5. Compensation of members of the Legislative Assembly.Sessions shall not exceed sixty days. 6. The time for beginning the ses sions. 7. No Senator or Representative shall be appointed to any civil office, 8. No member shall have an in crease 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 im peachment 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, es cept. 22. No bills shall be considered or become a law unless referred to a committee, returned there. from and printed for the use of the members. ARTICLE IV. Distribution of Power. 1. Shall be vested in the Legisla tive, 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. Legislative Assembly promising to give his influence or by Section ligation of any person, asso- owned in the State. 40. All orders, resolutions or votes shall be presented to the Goyernor before it shall take ef fect. 41. In regard to any member of the Section one subject. cept by a vote of the majority of each house. amended, etc., or the provi- vote for or against a measure. 42. In regard to bribing State ot ficers. 43. Corrupt solicitation. 44. A member who has a personal or private interest in any thereon. occurs in either house the Governor shall issue writs of election to fill the same. reference to its title only. not pass local or special laws, ated cases. house shall sign bills and joint resolutions. pensation of the officers and be prescribed by law. tion to public officers, ser vants, employes, etc. 30. In regard to stationery, print ing, etc. in this constitution, no laws diminish his salary. shall originate in the House of Representatives. 33. The general appropriation bills shall embrace nothing but ap propriations. 34. No money shall be paid out of the treasury except an appro priation made by law. tional or charitable purposes of the State. ciation shall have the power cipal improvement, etc. trust funds. debt in the construction of ARTICLE VI. be elected to Congress. 2. A census shall be taken in 1895, and every tenth year thereafter.-The apportionment for Representatives shall be re vised 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. Erecutice 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 faith fully executed. 6. The Governor shall be com mander-in-chief of the mill tary forces of the State. 7. The Governor to nominate and, with the consent of the Sen ate, 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 in formation from the officers of the executive department, etc. 11. He may, on extraordinary occa sions, convene the Legisla ture. 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 Goy ernor. 15. Lieutenant-Governor shall be President of the Senate, 16. When the President of the Sen ate 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 dis bursed by State officers shall be accounted for. 20. Board of State Prison Commis sioners.-To consist of whom. Section 2. A Supreme Court, except as otherwise provided, shall have appellate jurisdiction only. 3. It shall extend to all cases at law and in equity.-Its powers. 4. At least three terms in the Supreme Court shall be held each year at the seat of gov ernment. 5. The Supreme Court shall con sist of three justices. 6. How they shall be elected. 7. Their terms of office. 8. Particulars in regard to elec tion 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 elec tion and term of office. 21. Their jurisdiction. 22. Justice Courts shall always be open except on legal holidays and non-judicial days. ARTICLE VIII. Judicial Departments. 1. The judicial power of the State shall be vested in the Senate. ARTICLE IX. be 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 no other public office. 36. A civil action in a District Court may be tried by a judge pro tempore, etc. absent himself from the State Hold Office. 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. ARTICLE X. State Institutions, Public Buildings. 1. They shall be supported by the State, as prescribed by law. 2. The location of the seat of gov ernment. |