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boundedby county line-, but no ch.in^i-^in the number or boundaries of di-tjiot-^shall work a removal of any judge from^llct during the term for which he has^been elected or appointed. Sec.15. Writ- of error and appeal^-hall be allowed from the decisions of^the said district courts ti^ the supreme^court- under -uch regulations as may be^prescribed bv law. Sn.I^ So per-on -hall be eligible^to the tCn of judge of the di-trict court^unle^ he be at lea-t twenty-live year- i^f^age and a citizen of the 1'nited State-,^and -hall have been admitted to practice^law in the supreme court of the Terri-^tor\ or State of Montana, nor unle-- he^-hall have rc-ided in thi- State or Terri^torv at lea-t one year next preceding hi-^t lection. He need not be a re-ident of^the di-trict for which he i- elected at the^time of hi- election, but after hi- election^he -hall re-ide in the di-trict for which^he i- elected during his term of office. Sec.17 The di-trict corrt in each^count\. which is a judicial di-trict by it-^-elf. -hall l^e alway - open for the trans^^action of bu-ine--. except M U ual holi^^days and non-judicial day-. In each dis^^trict where two or more countie- arc-^united, until other^i-e provided by law.^the judge- of -uch di-trict -hall rix the^term of court, provided that there -hull^be at lea-t four term- a y ear field in each^count v. Sec.iS. There -hall be a clerk of the^di-trict court in each county, who -hall^be elected by the elector- of hi- county .^The clerk -hall be elected at the -ame^time and for the -ame term a- the di--^trict judge. The dutie- and compen-a^tion of the said clerk -hall be a- provided^bv law. ColNTV ATTORNEY*. Sec.M There shall be elected at the^general election in each county of the^State one county attorney, who-c quali^^fication- -hall be the -ame a-are required^for a judge of the di-trict court, except^that he must Ih.- over twenty-one year-of^age. but need not be twenty -five- yen -of^age. and w ho-e term of office -hall be^two \ ear-, except tl. it the county attor^^neys^ tir-t elected -ha', hold their office-^until the general el^ ction in the year one-^thousand eight hundred ninety two.^(iSyJl and until their -ucce^or- are elec^^ted and qualified lie -hall have a -al.11^to be fixed bv law. one-half of which^-hall be paid by the State, and the other^half bv the county for whjch he i- elec^^ted, and he -hall perform -uch dutie- .1^mat he required by law. ji-in EM mm Tin. i-e \i e. Sec.10. There -hall be ejected i^each organized tow n-hip of each count^bv the elector- of such town-hip at lea-t^two ju-tice- of the peace, who -hall hold^their office- except a-othcrvv j-c prov ided^in thi- con-titution. for the term of tw^vc.ir-. Ju-tice- court- -hall have -u. h^original jurisdiction within their re-pec^tive counties as may be pre-ci ibed by^law. except as in this con-titution othcr-^^i-e provided: I'ro-iJrJ. That they^shall not have jurisdiction jn any case^vv here the debt, damage, claim, or value^of the property involved exceed- the^MM of three hundred dollar-. M:i. 21. Justices courts-hall not h.iv i^jur:.-diction in any case involving the ti^tie or right of possession of real proper^tv. nor in ca-es of divorce, nor for annul^incut of marriage, nor of ca-e- in equity^nor -hall they have power to i--ue vvrit-^of habeas corpu-, mandamus, certiorari,^quo warranto, injunc-tion. or prohibition^nor the power of naturalization: nor^-hall they have jurisdiction in c.i-c-^of felony, except as examinin^courts; nor shall criminal ca-e- in -aid^courts be prosecuted by indictment; ii.it^said courts shall have -uch juri-diclion^in criminal matter-, not of the gr.ulc of^felonv, as may be prov ided by ; and^shall also have concurrent juri-diction^with the di-trict court-, in ca-es of forci^ble entry and unlawful detainer. Sec.22. Justices court- -hail alway^be open for the Iran-action of bu-inc--^except on legal holiday - and non-judicial^day-. SEC.13. Appeal- -hall be allowed^from ju-tices courts, in all cases, to the^district courts, in such mm and un^der such regulation- a- may be pre^^scribed by law. AM M nOMt vol KTs.^The Legislative Assembly^shall have power to provide for crcHtin^such police and municipal courts and^magi-tr.ite- for cities and town- a- may^be deemed nccc--ary from time to time^who-hall have jurisdiction in all case^ari-ing under the ordinance- of -ucl^cities and town-, respectively; such po^lice in.igi-tr.itc- may al-o be constituted^ex ntiicio justice- of the peace for their^rc-pcctivc counties. Sic.j^. The supreme and di-trict^court- -hall be courts of record. Sec.2(^. All law- relating to courts^shall be general and of uniform opera^tion throughout the State; and the orga-^nization, jurisdiction, powers, proceed^^ings and practice of all courts of the^same class or grade, so far a- regulated^bv law. -hall be uniform. Sec.2-. The sty le of all process -hall^Ik- ^The State of Montana^ and all pro-c^^oition- -hall be conducted in the name^and by the authority of the same. SkiIB. There -hall be but one form^of civil action, and law and ccquitv may^be admini-tered in the same action. Sec.2^). The justices of the mm^court and the judges of the district court^-hall each be paid quarterly by the State,^a sal,ire. which shall not be increa-ed or^dimini-hed during the term- for which^they IBM b.iv e been respectively elected.^I ^mil otherwise provided by law. the -a!^ary of the ju-tice- of the supreme court^shall be four thou-and dollar-per annum^each, and the -alary of the judge- of the^di-trict court -hall be three thou-and fiv e^hundred dollar- y er annum each. Sec.^^. No ju-tice of the supreme^court nor judge of the district court shall^accept or receive any competition, fee.^allowance, mileage perquisite or emolu^^ment for or on account of his office in^any form whatever, except the -alarv^prov ided bv law. ht3' ^ No justice or clerk of the^Supreme Court, nor judge or clerk of^any Di-trict Court -hall act or practice^a- an attorney or coun-ellor at law in^any court of thi- State during hi- con^mm in office Sic32. The I.egi-l.itiv e A^embly^may provide for the publication of de-^ci-ion- and opinion- of the Supreme^Court. Sec.tt. All officer- provided for in^this article, excepting ju-tice^ of the Su^^preme Court, who shall reside within^the State shall respectively re-ide dur^^ing their term of office in the di-trict.^county, town-hip. precinct, citv or town^for which they may be elected or ap^^pointed. Sec. 34. Vacaniie- in the office of^Justice of the Supreme Court, or ludge^of the District Court, or Clerk of the^Supreme Court, shall be tilled bv ap^^pointment by the (iovcrnor of the state,^and vacancies in the otfice- of County^Attorney. Clerk of the District Co.irt^and Ju-tice- of the Peace Mjfl be tilled^by appointment by the Board of County^Commi--ioner- of the countv where^such vacancy occurs. A person appointed^to rill hi- vacancy shall hold any such of^^fice until the next general election and un^^til his successor is elected and qualified. A^person elected to till a vacancy shall hold^otfice until the expiration of the term for^w hich the pt rson he succeed- was^elected. Sec. 35- No Justice of the Supreme^Court or District Judge shall hold any-^other public otfice w hile he remains in^the office to w nich he ha^ been elected^or appointed. Sec.36. A civil action in the Di-trict^Court may be tried by a nidge fro t^m-^fore. who must be a member of the bar^of the State, agreed upon in writing bv^the parties litigant, or their attorneys of^record, approved by the court, and-worn^to try the case: and in -uch case any^order, judgment or decree, made or^rendered therein bv such judge fro tem^^pore, shall have the same force and ef^^fect as if made or rendered by the court^with the regular judge presiding. ski37. Any judicial officer who^shall absent himself from the State for^more than sixty consecutive days shall^be deemed to have forfeited hi^ office. I1ll.llY e-4 RTICLEIX. -jmWTi hlFFRAGE ^XD QlALIFTax-^hons to hold office.^Section i. All election- by the peo^^ple -hall be by ballot. Sec. 2. Every male per-on of the age^of tw enty -one y ear- or over po-se--ing^the following qualifica-ion- shall be en-^it led to vote at all general election- and^for all officer- that now are. or hereafter^may be. electiv e by the people and upon^all qnc-tion- which may be submitted to^th.- vote of the people: First. He -hall^be a citizen of the I'nited States. Sec^^ond. He -hall have rc-ided in thi- State^one vear immediately preceding the^election at which he offer- to vote, and^the county, town or precinct such^time a- may be pre-cribed by law.^rVRwW. First, that no per-on con^^victed of felonv -hall have the right to^vote unle-- he ha- been pardoned.^rVdMUl Second. That nothing herein^contained -hall be con-trued to deprive^uiv per-on of the right to vote who has^-uch right at the time of the adoption of^thi- Con-titution: l'r^n-iiied. That after^the expiration of five v ear-from the time^if the adoption of thi- Con-titution. no^per-on except citizen- of the I'nited^States, -hall have the right to vote. si. 3. For the purpo-e of voting, no^per-o -hall be deemed to have gained or^or lost a residence by reason of hi- pres^^ence or ab-ence while employed in the^-erv ice of the State or of the I nitedStatc-.^nor while engagep in the navigation of^the water- of the State, or of the I'nited^State-- nor while a -tudent at any in-ti-^tution of learning, nor while kept at any^alms house- or other asy lum, at the pub^^lic expen-c. nor while confined in any^public prison. Sic.4. Elector- -hall in all ca-e-, ex^^cept treason, felony, or breach of the^peace be priv ileged from arrest during^their attendance at elections, and in^ijoing to and returing therefrom. Si. . J No elector -hall he obliged to^perform military duty on the day- of^1 1 1 'ion. except in time of war or pub^^lic danger. Sk.c.f^. No -oldier. seaman or marine^in the army or navy of the I'nited States^-hall be deemed a re-ident of thi- State,^in con-equence of being -tationed at any^militarv or naval place within the -ame. Sii . 7. No per-on -hall be elected or^appointed to anv otfice in thi- State, civil^or military , v ho i- not a citizen of the^I'nited States, and who -hall not have^resMed in thi- State at lea-t one year^next before hi- election or iippointmcnt. Sec.^. No idiot or in-ane per-on^-hail be entitled to vote at any election^in thi- State. Sac.i). The legislative assembly -hall^have the power to pa^ a regi-tration and^-uch other law- a- mav be nece--ary to^secure the purity of elections and guard^MJMIl abu-c- of the elective franchi-e. Ska. 10. Women -hall be eligible to^hold the otfice of county -uperintendent^of -cliool- or any school di-trict office^and -hall have the right to vote at any^-chool dj-trict election. Sec.ii. Any person qualified to vote^at general elections and for State officers^in thi- State -hall be eligible to any otfice^therein except as othervvi-e provided in^thi- con-titution, and -ubject to such^additional qualification- a- may be^prescribed bv the legislative assembly^for citv otfice-and offices hereafter cre^^ated. St. 12 I'pon all questions submitted^lo tic v ate of the tax pav er- of the State^or anv political div i-ion thereof, women^who .111 lax paver- and po--e--ed of the^qualification- for the right of -uffrage re^^quired of men bv thi- con-titution -hall^equally, with men, have the right to^v o* e. Sri^ 1 ^ In all election- held by the^people under this con-titution, the per-^-on or per-on- who shall receive the^highest number of legal vote-, shall be^declared elected. ARTICLEX. -T\ I e INsTITt TIONS and PtBLICBt II I^-^l.nos. SKIMi Educational, reformatory^and penal institutions, and those for the^benefit of the insane, blind, deaf and^mute, -oldier- home, and -uch oiher in^-titution- as the public good may re^quire, shall be e-tabli-hed and supported^bv the -tate in such manner as may be^pre-cribed by law. Sec.2. At the general election^the vear one thou-and eight hundred^ninety-two. the question of permanent^location of the seat of government^hereby prov ided to be submitted to the^qualified elector- of the State and a ma^joritv of all the vote- upon -aid que-tion^-hall determine the location thereof. In^ca-e there -hall be- no choice of location^at -aid election, the que-tion of choice^between the two place- for which the^highe-t number of vote- -hall have been^ca-t -hall be. and i- hereby- submitted in^like manner to the qualified electors at^the next general election thereafter;^/'rniijet/. That until the seat of Govern^nicnt -hall have been permanently lo^cated the temporary scat of government^-hall be and remain at the citv of^Helena. Sn\3. When the -eat of government^-hall hav e been located a- herein pro-^v ided the location thereof -hall not^thereafter be changed, except by a vote^of two third- of all the qualified electors^of the -tate voting on that que-tion at^general election at which the que-tion^of the location of the seat of government^-hall have been submitted by the legi-la^tiv e assembly-. Sec.4. The legislative a^embly shall^make no appropriations or cxpenditure-^for capital buildings or grounds until the^-cat of government -hall have been per^^manently located a- herein prov ided. SM. s. The -cv eral counties of th^-tate -hall provide a- may be prescribed^bv law for tho-e inhabitant- who, by^ica-on of age. infirmity or mi-fortune,^may have claim- upon the sympathy^ami aid of -ocietv. ARTICLEXI.^eiu cation.^Si 1 thin 1. It shall be the duty of the^legUMt MMI of Montana to es^^tablish and maintain a general, uniform^and thorough svstem of public, free,^common schools. Sec.2. The public school fund of the^state -hall consist of the proceeds of such^lands a- have heretofore been granted^or mav hereafter be granted to the -tate^bv the general government, known as^-chool land-: and tho-e granted in lieu^of -uch; lands acquired by gift or grant^from anv per-on or corporation under^anv law or grant of the general govern^^ment; and of all other grants of land or^monev made to the state from the gen^^eral government for general educational^purpo-e-. or w here no other -pecial pur^^po-e i- indicated in such grant: all es^^tate-, or di^tributive share- of the es^^tate-, that may escheat to the state; all^unclaimed share* and div idends of any^corporation incorporated under the laws^of the -tate. and all other grants, gifts,^do i-e- or bequest- made to the state for^general educational purposes. Sic.t- Such public school fund shall^forever remain inviolate, guaranteed by^^he -'ate again-t lo^ or diversion, to be^invested. ^o far a- possible, in public se-^euritie- w ithin the state, including -chool^di-trict lx^nd-. issued for the erection of^-chool building-, under the re-triction-^to provided by law. Sec.4. The governor, superintendent^of public instruction, secretary of State,^and attorney general -hall con-titute the^State board of land commi^ioner-w hich^shall have the direction, control, leasing^and -ale of the school land- of the State^and the land- granted or which may^hereafter be granted for the support and^benefit of the various State educational^institutions, mm^ such regulations and^restrictions as may be prescribed by- law. SkiThe interest on all invested^school funds of the State, and all rents^accruing from the leasing of any school^land-, -hall be apportioned to the several^school di-tricts of the State in propor^^tion to the number of children and^youth- between the ages of six and^twentv-one year- residing therein re^^spectively, but no district shall be enti^^tled to such distributive share that does^not maintain a public free school for at^lea^t three months during the year for^which distribution shall be made. Sec.ft. It shall be the duty of the^legislative assembly to provide by taxa- )^tion. or otherwi-e. -ufficient mean-, in^connection with the amount received^from the general -chool fund, to main- |^tain a public, free, common school in I^each organized district in the State, for ;^at least three months in each y ear. Sec.7. The public free schools of the^state -hall be open to all children and 1^youth- between the age- of six and^twenty-one vear-. Ski V Neither the Legi-lative As-^semblv, nor anv countv, citv, town ^n !^-choof di-trict. or other public corpora- I^tion-.-hall ever make, directly or indi- j^recti v. any appropriation or pav from I^anv public fund or naonevs whatever, or^make any grant ^f land- or other prop^^erty in aid ^rf any church, or for anv -cc-^tarian purpo-e. or to aid in the support^of anv school, academ v, seminar %, col^^lege, university or otheV literarv.^ scien^^tific, inMiiution controlled in whole or^in purt by any rhurch. s^*ct or denomina^^tion whatever. Sec.9. No religiou* or partisan test^or qualification shall e\er be required of^any person as a condition of admission^into an v public educational institution of^the -State either a* teacher or student;^nor shall attendance be required at any^religious service whatever, nor ^^hail^any sec tar ion tenets be taught in any^public educational institution of the^State; nor shall anv person be debarred^admission to any of the collegiate de^^partments of the university on account^of sex. Sac.10. The Legislative Assembly^shall provide that all elections for school^district officers *hall be separate from^those elections at which State or countv^officers are voted for. Sec.11. The general control and su^^pervision of the State university and the^various other -State educational institu^^tions shall be vested in a State board of^education, w ho-e powers and duties -hall^be prescribed and regulated by law.^The said board shall consi-t of^eleven members, the governor.^State superintendent of public in^^struction, and attorney-general, being^member* ex.-officio, and other eight mem^^bers thereof shall be appointed by the^governor subject to the confirmation of^the senate, under the regulations and re^^strictions to he provided by law. Sec.12. The funds of the State uni-^vcr-itv and of all other State institutions^of learning, from w hatever source accru^^ing, shall forever remain inviolate and^sacred to the purpose for which they^were dedicated. The various funds^shall be respectively invested under such^regulations as shall be prescribed bv law.^and shall be guaranteed by the State^against loss or diversion. The interest^of said invested funds, together with the^rents from leased lands or properties^shall be devoted to the maintenance and^perpetuation of these respective institu^^tions. ARTICLE\II HftMl am) taxation. Skation i . The necessary rev enue^for the support and maintenance of the^State shall be prov ided by the Legisla^^tive Assembly, which shall lew a uni^^form rate of assessment and taxation,^ami -hall prescribe such regulations as^shall secure a just valuation for taxation^of all property, except that especiallv^provided for in this article. The Legis^^lative Assembly mav also impose a^license tax, l^oth upon persons and upon^corportions doing business in the State. Skcj. The property of the I'nited^States, the State, counties, cities, tow ns,^sehool dist-iets, municipal corporations^and public libraries shall be exempt^from taxation; and such other property^a- may be used exclusively for agricul^^tural and horticultural societies, for ed^^ucational purposes, places for actual re^^ligious worship, hospitals and places of^burial not u-^ed or held for private or^corporate profit, and institutions of^purely public charitv mav be exempt^from taxation. Sec3- -^H mines and mining claims,^both placer and rock in place, containing^or bearing gold, silver, copper, lead, coal,^or other valuable mineral deposits, after^purchase thereof from the I'nited States,^shall be taxed at the price paid the I'nited^States therefor, unles-. t fie surface ground,^or some part thereof, of such mine or^claim, is used for other than mining pur^^pose-, and has a separate and independent^value, for such other purposes, in which^case said surface ground, or anv part^thereof, so used for other than mining^purposes, -hall be taxed at its value for^such other purposes, as prov ided bv 1. w^and all machinery used in mining md^all property and surface improvements^upon or appurtenant to mines and nun-^ing claims which hav e a v alue separate^and independent of such mines or min^^ing claims, and the annual net proceeds^of all mines and mining claims, shall be^taxed as prov ided by law . Sec.4. The Legi-lativ e Assembly^shall not lew taxes upon the inhabitant-^or property in any county, city, town, or^municipal corporation for county, town,^or municipal purposes, but it may by^^law invest in the corporate authorities^thereof pow ers to assess and collect^taxes for such purposes. sec.5. Taxes for city, town and^school purposes mav be levied upon all^subjects and objects of taxation, but the^assessed v aluation of any property shall^not exieed the valuation of the same^property for State and county purpose Sec.6. No county. city, town or^other municipal corporation, the inhab^itants thereof nor the property therein,^shall be released or discharged from^their or its proportionate share of State^taxes. Sec.7. The pow er to tax corporations^or corporate* property shall never be re^^linquished or suspended, and all corpor^^ations in this State, or doing business^therein, shall be subject to taxation for^State, county, school, municipal and^other purposes, on real and personal^propertv owned or used by them and^not by this constitution exempted from^taxation. Sec.S. Private property shall not b^^taken or sold for the corporate debts of^public corporations, but the Legislative^Assembly may prov ide by law for the^funding ^thereof, and shall provide by^law for the payment thereof, including^all funded debts and obligations, by as^^sessment and taxation of all priv ate prop^^erty not exempt from taxation w ithin^the limits of the territory over which^such corporations respct'tively have au^^thority. Skc9. The rate of taxation of real^and personal property for State purposes^in any one year shall never exceed three^131 mills on each dollar of valuation : and^whenever the taxable property in the^State shall amount to one hundred mil^^lion dollars ( ^ioo.oxtol.cioo^. the rate shall^not exceed two and one-half (i1^* mills^on each dollar of valuation; and when^^ever the taxable property in the State^shall amount to three hundred million^dollars ($ jcH^.ooo.ooot. the rate shall nev er^thereafter exceed one and one-half : '^mills on each dollar of valuation; unless^a proposition to increase such rate, spec^^ifying the rate proposed and the time^during which the same shall be levied,^shall have been submitted to the people^at a general election, and shall have re^^ceived a majority of all the votes cast^for and against it at such election. Sec.10. All taxes levied for State^purposes shall be paid into the State^treasury and no money shall be drawn^from the treasury but in pursuance of^specific appropriations made by law. Sec.11. Taxes shall be levied and^collected by general laws and for public^purpose- onlv . They shall be uniform^upon the same class of subjects within^the territorial limits of the authority^levying the tax. Sec.12. No appropriation shall be^made nor any expenditures authorized^bv the Legislative Assembly w hereby the^expenditures of the State during any^fifccal vear shall exceed the total tax then^provided for by law. and applicable to^uch appropriation or expenditure, un^^less the Legislative Assembly making^uch appropriation shall prov ide for^levying a sufficient tax. not exceeding^the^ rate allowed in section 9 of this^article, to pay such appropriations or ex^^penditures within ^uch fiscal rear. This provision*nall not apply to appropria^^tions or expenditures to suppress insur^^rection, defend the State, or assist in de^^fending the l/nited States in time of^war. No appropriation of public monevs^shall be made for a longer tern, than^two years. Ma.13. The State treasurer shall^keep a seperate account of each fund in^hi- hands, and shall at the end of each^quarter of the fiscal year report to the^governor in writing under oath, the^amount of all moneys jn his hands to^the credit of ev ery such fund, and the^place or place- where the same i- kept^or deposited, and the number and^amount of ev ery warrant paid or redeem^^ed bv him duringthe quarter. The gov^^ernor, or other person or person-author^^ized by law. shall v erify said report and^cause the same to be immediately publish^^ed in at least one newpaptr printed at the^seat of government,and otherwise as the^legislative assembly mav require. The^legislative as^etnbly may provide by law^further regulation's for the safe keeping^and management of the public funds in^the hands of the treasurer; but. notvv ith-^standing any -uch regulations, the treas^^urer and his suretie- -hall in all case-, be^held responsible therefor. Sec.14. The making of prot.t out of^public moneys, or using the same for^any purpose not authorized bv law. bv^any public officer, shall be deemed a fel^^ony, and shall be punished as provided^by law . but part of such punishment -hall^be disqualification to hold public otfice. Sec.15. The governor, secretary of^State. State treasurer. State auditor and^attorney -general shall constitute a State^board of equalization and the board of^county commissioners of each countv^shall constitute a county board of equal,^zation. The duty of the State l^oard of^equalization shall be to adjust and equal^^ize the valuation of the taxable property^among the several counties of the State.^The duty of the' countv hoard- of equali^^zation shall be to adjust and equalize the^valuation of taxable property w ithin^their respectiv e counties. Kach hoard^shall aUo perform such other dutie- a-^mav be prescribed hv law . Sec.16. All property shall be assessed^in the manner pre'scribed bv law except^as i- otherwise provided in thi- constitu^^tion. The franchise, roadwav. roadbed,^raiN and rolling stock of all railroads^operated in more than one county in this^State shall be asses-edbv the State Iniard^of equalization and the same shall he up^portioned to the counties, eities, towns,^tow nshjps. and school di-tricts in which^such railroads are located, in proportion^to the number of mile- of railway laid in^such counties, cities, tow n^, tow n-hips^and school districts. Sea.17. The word property as u-ed^in this article is hereby declared to in^^clude money s, credits, bonds, stocks,^franchises, and all matters and things^(real, personal and mixed) capable of^private ownership, but this shall not be^construed so as to authorize the taxation^of the stocks of any company or cor^poration when the property of such com^pany or corporation represented bv such^stocks is within the State and ha- been^taxed. Sec.iS. The Legi-Iativ e .\--embl v^shall pass all laws nectssary to carry on^the prov isions of this article. ARTKI.K XIII Pl'Ht.lCI.N'DCHTfcDN'RVi. section'i. Neithrr tin- Nmu-, nor anv county^citv, town, iimnicipalitv, nor ottier -utslix i-ion of tlx^Mat*.- shall ever (five or loan its credit in .ml or^make anv donation or jjt.uit, l^\ -ut'-uiv or other^wise, to any individual, association or corporation,^or ttccome a suhs* riher l^^. or a shareholder in, anv^company or corporation, or a jtunt owner with anv^|h rson, company, or corporation. e*^ t pt as to -uch^owner-hip as may accrue to the State !^^ op*.ratn -u^provision of law-. Srci. The la-jfi-lativ c As-einKv -hall not^an\ manner create any deht except h\ a law w hit h^shall l^e irrepealahle until the indebtedness therein^provided tor shall ha\c l*ecn fully paid or dis* harg^ il^such law shall specifv the purpusc to whuh ih^^funds so raised shall tie applied and pro* ide for the^Jew of a tax sufficient to pay the interest on. and^extinguish the principal of such deta within tht^time limited hv such law fiw the pavmei ! there ^f^but no debt or liability, shall be created which shall^sinjflv, or in the agj^rc^ate with anv existing debt or^liability, exceed the sunt of one hundred thousand^dollars t$ioo,oooj except in ca-e of war. to repel in^^vasion or supprcs- ms-urrection, unle-- the law .111-^thorizin^r the same -hall have been snbenttted to the^people at a general eleetion and shall have received a^majority of the vote* cast, for and a^rain-t it it such^election. SKC.All moneys Imrrowed bv. or on hc-half of^the State or anv countv, citv, town, miinuipalitv or^other subdiv i-ion of the State, shall l^e u-etf onlv^for the purpose specihed in the law authorizing the^loan. Sec.4. The State shall not assume the debt, o^any part there^^f, of any county, city, town, or muni^opal corporation. Sue.5 No county sltall be allowed to t^e-^come indebted in anv manner, or for anv purpo-e,^to an amount, including existing indebtedness, in^the aggregate, exceeding ti^r.;i per centum of the^yalue of the taxable proj^ertv therein, to ttr ascer^^tained bv the last assessment for State and county^taxes previous to the incurring of *uch imlehtcdne^and all tsirds or obligation- in excess of su^ h^amount given bv.or on behalf of such countv -hall^)^e v4^id. No countv shall im ur anv indebtedness ^w^liability foe any -ingle piirjwse to an amount exceed^ing ten thousand dollars ifiocooi without the ap^proval of a majority of the elector- there* if, voting^at an election to he prov ided bv law . Sac.\ No city, town, tow nship or school di:^trict shall he alloyved to become indebted in anv^manner or for anv purpose to an amount, including^existing indebtedness, in the* agj^re^ate exceeding^three- per centum of the value of the taxable prope^tv therein, to l*e a-certaired bv the last assessment^for State and t ounty taxes pre\ iom to the incurring^of such tndebtnes-, and all nonds or obligation- in^excess of such amount given by, or cm nehalf of,^such city, toyvn, township or schoxil di-tru-t -hall Ih:^void; Pro^ iJsJ, ^irvrvr, That the Ia-g'^l-iti \ e A-^semhlv may extend the limit mentioned in this sec^^tion, by authorizing municipal corporation- to sub^mit the question to a v ote of the taxpayer- affected^thereby, when such increase- i- m-ces-.irv ti^ ion^struct a sewerage -y-tem or to procure a -upplv of^water for such municipality which -ball own and^control said water -upplv and devote the reyenue^derived therefrom to the payment of the det*t. MRKUxiv. militarymtim Section1. Themilitia of the State of Montana^shall consist of all able Untied male citizens ^^t th'^State between the ages of eighteen iis^ and forty-^five t; vears inclusive, except such person- a- may^beexeimi*ed by the la*vs of the State or of the^United States. Sec.2. The lagislativ e Assemble shall provide^bv law for the organization, equipment, and disci^pline of the militia and shall make rule- and regula^tion- for the government of the same. The- organi^zation shall conform as nearly as practicable to tin^regulation-for the government of the armies of tlie^I'nited State Sr.c.X. The I^egislative Assembly shall provide^bv law tor maintaining the militia by- appropriation-^from the treasury- of the State. Sec.4. Tne I-egi-lative A-sernHv -hall provide^by law for the safe keeping of the puVdic arms, mili^^tary records, relic- and banners of the State. tftc.5. When the tiovernor shall, with the con^^sent of the I-eg^sl-*t^v^ Assembly, Ih: out of the State^in time of war. at the head of anv militarv force^thereof, he shall continue commander in chief of all^the militarv forces of the State. ARTICLE XV. co*pom ations othem than mink IPM.. Sbction1. All existing charter-, or grants of^special or exclusiye privileges, under which the^corporations or grantees shall not haye organized or^commence*! business in g'h^l faith at the time of the^adoption of this constitution, shall thereafter^have no validity. Sec.a. No charter *A incorporations shall be^granted, extended, changed or amended by special^un, eicept for such municipal, charitable, educat^^ional, penal, or reformatory corporations .^re ^^r^may be under the control of the State, but the Leg^i^lative Assembly shall provide bv general law for^the organization of corporations hereafter to he cre^^ated; PrmidrJ, ihat anv such laws shall be sub^^ject to future repeal or alteration by the legislative^Assembly. Se . The la-gislative Assembly shall have the^power to alter, revokc or annul anv charter of in-^corpoeatjon existing at the time of the adoption uf^this Constitutions,, or which may be hereafter incor^^porated, whenever in its opinion it mav be injurious^to the ciuzens of the state. Sec-.4, The Legislative Assembly shall provide^br law that in all ehsctions for directors or trustees^of incorporated companies, every stockholder shall^have the right to vote in person or by proxy the^number of shares of stock owned by him for as^manv persons as there arc a 1 rectors or trustees to be^electee, or to cumulate sajd shares, and give one^candidate as manv votes as the number of directors^multiplied bv the number of his shares of stock shaU^equal, or to distribute them, on the same principle,^among as many candidates as he shall think fit. anJ^such directors or trustees shall not be elected in anv^other manner Sec.5- All railroads snail be pub^and all railroad, transportation, and^panic- shall he common carriers, and ^^islative control, and the I^egislative A^have the power to regulate and control by law the^rate- of charge- for the transportation of passengrr-^and freight by #uch companies as common earners^from one point to another in the State. Any as-o^nation or corp ration, organized for the- purpose,^shall have to construct and operate a railroad between^any designated points within this State and to con^^nect at the State .me w ith railroads of other States^and Territories Every railroad company shali^have the right with its road to intersect, connect^with or cross any other railroad. Sac.1 No raiimod corporation, express, or other^transportation com pin v. or the lessee* or managers^thereof, shall consolidate its stock, property or fran^chises with any other railroad corporation, express^or other transportation company, owning- or having;^under its cootrui a parallel or competing line, neither^shall it in anv manner unite its busineau or earnings^ith the business or earnings of any other railroad^trporaXion. nor shall anv UMirer of such railroad,^express, or other transportation company act as an^officer of any other other railroad, express, or other^trunsrjnrtatior. company owning or hav ing control of aparallel or competing line Sat 7 All individuals, asurcia^rations shali have equal rights to^and over orexpress ithinthis highways,press com^ject tol~g idcorpo-^ha*e persons or^iy railroad, truss^route in this State. No dis bemade by any railr^company, between .^State, but excursion or commutation tickets may be^issued and sold at special rates, provided such rates^are the same to all persons. No railroad, or trans^r express company, shall be allowed to^ect. or receive, under penalties which^tive Assembly shall prescribe, anv great^r toll for the transportation of freight or^: .(--e-.^tr-- anve r station up.^n it- route v^T line,than it charges for the transportation of the^1 ia^ of freight or nasser^rers to any more dis-^Uscc or station upon its route or fine within^^^tate No railroad, express, or transpor-^companv. nor any lessee, manager, or other^employe thereof shall give any preference to anv in-^idua.1 association or corporation, in furnishing^cars or motive power or for the transportation :^money or other express matter. sk s_ \^ mitroad, express or other transporta^^tion y ompanv. in existen^ e at the time of the adop^^tion of this Constitution, shall have the benefit of^any future legi-lation. without first riling in the of^rice of the ^secretary of State an acceptance of the^pr^ o isions of this Constitution in binding form Sec.u. The right of eminent domain shall never^he al*ridged, nor so construed as to prevent the I.eg ^^atlve Assembly from taking the property and^franchise- of incorporated companies, and subjecting^ttiein to public use the -ame as the property of indi^^viduals: and the police (towers of the State -hall^^i ver 1 ^^ .abridged. or -o * on-t rued, as to permit tor^pttrations to conduct thrir business in such manner^.m to infringe the equal right- of individuals, or the^general well l^eing of the State. Sn10. No ror|^oratitMi -hall is-ue st^^cks or^bonds, except for labor done, services performed, ttr^monev and |^roperty actually received, and all ficti^^tious increase of stock ^ir indebtedness -hall I* void.^Ilu -to*k of corporations -hail not he increased ex^cej^t in pur-uance of general law, nor without the^consent of the pers*ms holding a majority of the^stock first obtained at a meeting held after at least^thirty davs notice gi^en in pursuance of law. Bat*.11. No foreign corp.iration shall do any^bu-iness m this state without having one or more^known plate-of business, and an authorized agent^or agents in the same, upon whom prwess may be^served. And no company or corporation formed^under the laws of anv other country, state or terri^^tory, shall hav e nor he allowed to exercise or enjov^within this slate anv greater rights or |^riviU-ges^than tho-e n-^^c--ed' or enjmed bv coriioratioos of^the -ame or similar character created under the laws^of the State. Sec.12. No street or other railroad shall be^eon-tnicte-d within any citv or town, without the^consent of the local authorities hav ing control of the^street or highway proposed to be occupied bv such^street or other railroad. S|i. t ;. The Legislative Assemby shall pass no^law for the benefit of a railroad or other corporation,^or any indiv idual or association off individuals, ret-^ro-pettive in its operation, i^r which imposes on the^people of anv cotintv or municipal subdivision of the^State, a new liability in respect to transactions or^c^^osideration- already passe*!. Se . 14. Anv aswictation or corporation, or the^K .sn . or managers thereof organized for the pur-^pos* . or any individual, shall have the right to ion^struct or maintain lines of telegraph or telephone^w ithin thi- St-ite, and connect the -ame with other^linrs; and the largi-lattvc Assemble shall bygen-^eral law of uniform operation provide reasonable^regulations to give full effect to this section No^telegraph or telephone company shall consolidate^yy ith. or hold a controlling interest in. the stork or^bonds of anv other telegraph or telephone company^owning or having the control of a cmipeting line,^or ac quired bv purchase, or otherwi-e. any other^competing line 1* telegiaph ^w telephone Sn. is. If anv railroad, telegraph, telephone^express or other t^^rporation or companv organized^under anv of the law s of this State, -hall eon-oTI^date, by sale or otherw ise w ith any railroad, t* le^graph, tekphone express, or other corporation or^gam/rd under any of the laws of anv other State or^Territory of the I'nited State-, the same shall not^thereby ltec^^mc a foreign corporation, but the courts^of this Stat* shall retain, jurisdiction ov er that |^.^rt^of the c^^rporate property w ithin the limits of the^States, in all matters that may arise as if said con^solidation had not taken place Se . 1^ It shall he unlawful for any person,^company, or corporation to r**u,uire of its servants or^employes a-a condition of their employment or oth_^ervvise. any contract or agreement whereby such^p/n-sons, company, or corporation shall be released^or di-charged from liability or responsibility^am account of per*^^nal injuries received bv such ser^^vants or employes w hile in the s^rrv ice of such per^son, company, or corporation, bv nason of the neg^lig, n. e of -uch person, companv, or corporation, or^the agent- or employes thereof; and such contract*^-hall ne absolutely null and void. Sec.17. The legislative Assembly shall not^pas* anv law permitting the leasing or alienation of^.uiv franchise sat as to release or relieve the franchise^or propervt held thereunder from anv of the Itabih-^ties of the U--s.tr or grantor, or lessee or grantee,^contracted or incurred in the operation, use or enjoy^^ment of such franchise, or anv of its priv ileges Sec.i*. The term ^corporation.* as used in this^arti. le shall be held and construed to include all as^^sociations and joint sttwk companies having or ex-^er*mV WkmJ ^^* the powers or priv ile-ges of corpora^^tion- not po-sr-scd bv individuals or partnerships;^and all corporation- shall have the right to sue and^sh ^ll be subject to be sued in all court- in like cases^a- natural persons, subject to such regulations and^conditions as mav be pre-cribed by law s,,(pa l^ms from private corporations shah nc^^ u'td bv -u. h ^cans as mav he peescrihed by law,^Sn jo. No incorporation stock company, per-^son or assmiation of person-in the State of Montana,^shall directly or indirectly ,-ombinc or form w hat is^known as a trust, or make anv rontract with anv^,^.rs..Ti orper-.ms, corporations, or stock company^foreign or domestic through their stockholders,^trustees or in anv manner whatever.for the purpose^of fixing the price or regu'ating the production of^my article of commerce, or of the product of the^soil, for consumption bv the people. The I-e-gi-ia^c* Assembly shall pas anyactor dutv pertaining to my^the compensation allowed bv law.^And no other oath, declaration 01 officeother than SohelpmeOod.^^or test snail be re-^oft.ee of public trust,^mblv shall have- no^gift enterprises for^ss to prohibit the^tickets in this State,^acmhly shall enact^traction bv fire from^Ms upon lands of the^: domain the- ca^ntroi^congress upon this shallenact lib- lavvs,for the enforcement Siere-f bv adennate penalties to the extent, if nee s-arvfor that purpose, of the forfeiture of their^Crope^iv and frauchises. and in case of foreign cor^'orations prohibiting them from carry ing on busi-^[Vs* in the State akncuxvi. MIMtlfM cobpokations \^P oHllES. s,,,.oN 1 Tne several counties of the Territory wiUmmmumthev -hail ^*^ ^ *f^ ^ admissionof the State into the I mon are here bv de^i lared lo be the counties of the State until otherwise^e-iabh-hed or changed bv law. Sk-2 Ihe legislative Assembly shall have no^-r to* remove the county -eat of any county, but^the same shall Ih- pr-;v ided for by g^^^.an^^no countv svat shall Iw removed unle-v a majority of^the qualified electors of the county, at a general elec^^tion on a propos.tion tom.h^th.-n^.n.vseit slu l^v.*e then for. but no sin h proposition shall I* sub^mitted oftener than once in f^^ur , skt In ad ^ ases of the establishment of a new^rnuntCTtshallbe-heMto nuv its ratable pro(*artum^,^f all then exi-ting liabilities of the county or coun^Ufnirn which iMs formed. ^*T*^h*r^*-^tion of the value of the county buildr gs and prop-^erlv of the countv or counties from which it is^formed; l^ro;U,J, That nothing in this section^-hall prevent the re adju-tment of county lines be T^*^^^ere shall be elected three^countv commissioners wW term of. irnreslhall be^four vear-. A vacam v in the Ixvird of cnnlltir en^^missmners shall be filled bv aijpointnwnt by tha^d.s^trict Judge of thediftrict in which the vaearnvm ''sm s There shall be elected in each county the^following officer-; one countv clerk, who shall he^clerk of the board of county commissioners and ex^ortu ,0 recorder, out -heriff. oik- trea-urer, who sha^he collector of Uxes; Pr.k ui../, That no r^rson shall^hold the office of county trea.-urer for m^h-e than two^consecutive terms; one countv superintendent of^schools; one countv surveyor; one assessor, one^coroner; oik- publu' administrator Persons cle*^ed^to the different offices named in this section shall^hold their respective offices for the term of two years,^and until their successors are elected and qua .tied^Varan* ies in all ^ ountv, township and precinct oftV^ces, except that of countv commissioners, shall he^tilled by appointment bv tne board of county com^missioned, and the appointee shall hold hi* offi^ e^until the next general election. s,,The- Legislative Assembly may provide forthe election or appointment of such other countv,^tow nship, precinct and municipal officers a- puMic^convenience mav require and their terms ot otnee^shall be as prescribed bv law not in any rase to ex^^ceed two years except as in this constitution other^w ise' prov ided AltriC'LK XVII. Flmi.H LANDS, Se tion 1. All land- of the State that have^been, t^r that mav hereafter ^^e granted to the State^bv Congress, and all lands acquired by gift or grant,^or devi.-c from anv person or c^^rporalion -hal. re^^public land- of the State, and shall be held in trust^for the people, to he disposed of as hereafter pro^tided, for the respectiye purpose- for whit h they^hav, Nen or 1n.1v he granted, donated or devised;^and none of such land nor anv estate or interest^therein, shall ever be disposed of except in pursu^^ance of general laws providing for such disposiUon,^nor units-the full market value of the e-late ^^r in^ten -t di-posed of. to be ascertained in such manner^as mav be provided bv law. I* paid or safelv se^^cured to the State; nor shall anv lands which the^state holds bv grant from the United States t in anv^case in which the manner of disp,^*al and minimum^price are so prescribed i be disposed of, except in the^manner and for at least the price prescribed in the^grant thereof, without the consent of the I mted^State*. Said lands shall l^e classified bv the board^of land commissioners as follows First, lands^which are valuable onlv for grazing purposes.^Second, those which are principally valuable for^the timber that .s on them. Third, agricultural^lands. Fourth, lands within the limits of any tow n^or, itv or within three mors of su. b omits. ' ro.^iiJ, J. That anv of said lands may be reclassified^whenever by reason of increased facilities for m iga^tion otherwise, they shall be sub)ect to different^classificati,^n. . Sex. 2. The lands of the first of said classes mav^be sold or lea-ed. under such rules and regulations^a- mav Dm prescribed bv law The lands of the^second class mav be sold. or the timber^thereon mav be sold, under suCfi rules and reg-ula^turns as mav be prescribed bv law. The agricultural^lands mav be either sold or leased, under such rules^and regulations as mav be prescribed by law. The^lands of the fourth class shall be sold in alternate^lot- of not more than five acres each, and not more^than one ha*f of anv one tract of such lands snail he^sold prior to the y ear one thousand nine hundred and^ten * iodio. i , Stt.3, Ah other public lands may he disposed^of in such manner as may be prov ided by law.^ARTICLE XVIII.^UM iKIPJi1. The I-egislative Asaemhlv mav pro^^vide for a bureau of agriculture, labor a: d industry tobe located at the Capital and be under the con^^trol of a commissioner appointed by the fjos ernor^subject to the crmfirmation of the Senate. The^commis-ioocr shall hold his office for four years^and until his successor is appointed and qualified,^his compensation shall be as prov ided bv tiw. f*E*.j. It shall be aalawful for the warden or^other officer of anv state penitentiary or reformatory^institution ir. the Slate ot Montana, or for anv state^officer to let bv contract to anv person or persons or^corporation the labor of any con-.ict confined within^said institutions. ARTICLEXIX. MtS*II i wkh'5 ECTtUg a memo stajacTsax^WEjrrv Sectionr. Members of the legislative assembly^and all officers, executive, ministerial or judicial^shall before they enter upon the duties of their re^spective offices, take ana subscribe the following^oath or affirmation, to wit **I do solemnly swear^or affirm that I will support, protect and defend^the Constitution of the t mted States and the Con^^stitution of the State of Montana, and that I^will discharge the duties of mv office with fidelity;^tbat I have not paid or contributed,, or priMiitad to^pay or contribute, either directly or inoirectfy, anv^money or other valuable thing to peocuce me'noeas-^nat 1 or or election ^ or appointment' except for nec-^and proper expenses expressly authorized by^law that I have not knowingly violated arrv etec^tion law of this State, or procured it to be don* bv^others m my behalf; that I will not knowingly receive^dtrecth^or indirectly, any monev or iHher vait quiredas a Sac.a. Th^^power to authi^and pnrpnae. a^sale of lottery 1 Skc3. The legislative assemt^suitable laws to prevent the destrue^any cause of the grasses and fore-t- :^Mate or upon lands of the public d-i^of w hich mav be conferred by con*,^State, and to otherw ise protect the Sac.4. The legislative aaacmhly^eral homestead and exemption law s. Sic.5 N'o per pet u ties shall be allowed, except^foe charitable purpose*. kAll , ountv officers -h.ai. Wee; th, ir . ^tfie t - atthe countv seats of their respective counties. Sac.7. In the disposition of the public lands^granted by the I nitetl States to this State, prefer^ence shall always It given to actual -ettiers thereon,^and the legislative assembly -haliprovid, \ ,w t- ^^tarry ing this -arction into effect. E4Tl RE \VJI.vrHL\TS. SK.. s. The legislative assembly mav it anv^time, bv a vote of two third- of the members elected^to each htHise, sulnnit to the electors of tin: State^the question whether there -hall Ih* a comentioti to ,^rev isr, alter, or ame-nd tht- i onstitution . and if a^majority of those voting on the qui -tion shali declare^in tav or of such omentum, the l^gi-luti v , as-embl,^shall at its next sessior provide for the calling '^thereof. The number aif number- of the con yen^timi -hall be the same a- that of the house of repre^^sentatives, and they shall be elected in the same^manner, at the same places, and 111 thr -ame dis- J^trk-ts. Tlie legislative assembly shall in the a, t ,^calling tl^e convention designate the day, hour,^and place . .f it, meeting, riv the pav ^-t its mei iN r^^and ^*ncers, and provide for the payment of the^same together with thr ntvcs-arv expenses of the^convention Itefore pro, ceding, the member- -had^take an ...ith to support the constitution of the- I'nited^States and of the State of Montana, and to faithfully^dis, harge their duti,-- a- memt-aers of the convention.^The qualification- of members, -hall be the sun, as^of members ,if the senate, and v a^ m^ ., - oecuri ing^shall be filled in thy manner provided for filling y a-^eancies in the legislative assembly. Saial conven^tion shall meet within three months after such elcc^ti,^n and pre-pare such rev isions, alterations, or^amendments to the constitution as mav l^e deemed^ncceasary, which shall lx- submitted to the elector- ;^for their ratification ^ir rejection at an election ap^pointed by the convention f^^r that purisrse, n^*t less^than two nor more than six ntcnths after tht ad^jtmrnmciit thereof. and unless so submitted and ap^^proved by- a majority of the electors voting at the^election, no such revision, alteration, or amendment^shall Lake effect. Sec.q. Amendments to this constitution mav be^porjM.sc,] jn either house of the legislative assembly;^and if th, same shall Ih voted fi^r bv two thirds .'^f^the me tuber . eleeted to each house such propose d^amendments together w ith the aves am! naves of^each house thereon shall '*e entered in full on tlieir^respective joumalss and the secretary of State -hall^cause the said amendment or amendments to be- pub- !^li-hed in at least one newspaper in each countv 1 if^such there be 1 for three month- prcv ious t- ^ the nest^general election for member- of the- legislative as^^sembly, and at -aid election the said amendment or^amendments shall be submitted to the qualified^electors of the State for their approval or rejection,^and such as are approved bv a majority of those^voting thereon shall become a |^art of the constitu^^tion. Should more amendments than one l^e sub^mitted at the same election, thev shall Ih- so pre^pared and distinguished by mimWr- or otherwise-^that each can be, voted upon separately. Pro; uLii,^however. That nf^t more than three amendments to^thi- constitution shall N- submitted at the -.one^election ; ARTICLKXV ^Mia Thatno inconvenience in iv arise bv reason of^changing from a Territorial to a State form of gov e^eminent, it is declared as follows: bE,TION 1. All laws en.uted by the Legi-l.i^live Assembly of the Territory of Montana and in^force at the tri e the State shall be admitted into^the t mon and not inconsistent w ith this c on-t it n^turn orlaw s of the I'nitetl States of America, -hall^beam! remain in f ill f(W-tf. a^ the law- of the s,t.4t,^until altered or repealed, or until thev , vpn, hv their^own limitation: Pro; /,/,-,/; That whenever in said^law s the word- 'Territory ** 'Montana Territory ^^t^r ^Territory of Montana' o, cur the word- 'Stata^or -State of Montana^ shall Ih- appropriately sub^stituted ^nd read therefor, and /*'^^:^*^ fmr/ke-r ;^I hat the duties which now by law devolve upon^probate judges as mrv commissioners ami in re!a^tion1 to issuing marriage licenses and filing and re^cording marriage certificates, and the duties a- e\^officio clerk* of their own courts, shall, until othei^wise provided bv law. devolve upon and he per^formed by the clerks of district courts in their r,^spective counties; ,lW./rK;.A,r l*rth,r% That th,^duties of probate judges now imp\^-ed bv law re la^tive to town sites and to the approval of bonds of^other t ounty others -hail, until otherwise provided^by law, Ih- [h-rformeal by the district judge- in the^several counties in theii respective district-. S*c.2. All lawful orders, judgments an.I decrees^in civ il causes^ll contracts and claims and all law ful^convictions, judgments and senteme- in criminal^action-, made and entered or pronounced hv the^courts within the Territory ..f Montana, and in'force^at the time the State shall be admitted into the^l man shall continue and Ih- and remain in full^force in the State unaffected in any respect bv the^change from a Territorial to a State form of govern^ment and mav lH enforced and execute.! under the^laws of the State. Sa . t No crime or criminal offence committed^against the laws of the Territory a.f Montana shall^abate or be in anv w i-e affect*-,! by reason of the^change from a Terr it. ma 1 to a State form of govern^mcnt^ but the same shall he deemed ar d taken to be^an often, e agiinst the law - of i)^ State and the ap^j propnate courts of the State shall mm c jurisdiction^over and to hear and determine the -ame. /*r,^r UeJ;^I nat this section -hall not in anv wi-e be construed^to change the law of the statute of limitation-, or the^due effect or application of the -ame. Sec.4. Except as herein otherwise provided,^the word ^district^' shall be substituted and read in^lieu of the^ word ^probate^ in the terms 'probate^court or ^probatejudge^ whenever the saint- ^ktui^m the law s of the lerntory of Mont ,na. and .ill -.lid^laws which by their term- apply to probate courts or^probate judges -hall, except .1- in thi- . .m-lilution^otherwise provided, upon a change from Territorial^tos.ute ^ioveminent, *h: deemed and taken to apply^to district courts and district judges; /^^^,.. -^Ihat all laws allowing fees to probate judge- are^hereby repealed. Sk. 5. t lerks of district courts, until otherwise^provided bv law, shall each perform the duties and^1h^ entitled to the -aim- fees as now provided bv law^for clerks of the district courts of the I rrritorv, and^until otherwise provided by law -hall al-o perform^the serv ice- and Ih- entitled to fee- thert for that arc^now provided for clerks of probate courts. Se*o. t'pon a change from Territorial to State^government tne seals in use by the supreme court^and the Territorial district court- in and for the sev^^eral couuties respectively, shall pass to and N ^ ome,^until otherwise provided bv law, th, seal- r,-jn,^tfvaly of the supreme court and of the district courts^of the Stale in such counties. Sua. 7. Prosecution- f^^r criminal offences against^the laws of the Territory ot Montana, pending at^the time the State -hall Ih- admitted into the I mon^shall not abate, but Ihe same shall continue and Ih*^prosecuted in the name of the State of Montana, and^the title of every such action -bail he changed to^conform to this provision Sac.S. Pmrties who, at the time of the admission^of the State into the I mon, mav Ih^ confined under^lawful commitments, or otherwise lawfully held to^an-wir for a I leg,-, I violations of anv of the crim^^inal law-of the Territory of Montana, shall con^tinue to 1ht so confined or held until discharged^therefrom bv the proper courts of the Stat,. Seco All w rits, processes, prosecution*,^action- causes of action, defenses, claims ami^rights of individuals, associations and Unties ^ or^porate existing at the time the State -ball Ih admit^^ted into the I'ni^ hi, shall continue and )*- respec^^tively executed, proceeded with, determined, en-^forced and protected under the law sot the Stale. Sec.10. Ah undertakings bonds, obligations^and recognizances in force at the time the st.it, -hall^Ih- admitted into the I'nion which were executed to^the Territory of Montana, **r anv officer thereof in^his official capacity, or to anv official hoard for the^benefit of the Territory of M on tan a, are hereby re^spectively assigned and transferred to the State of^Montana, to the State officer successor to said Ter-^ritorial officer, or to the official board successor to^the aforesaid official Niard, for the 11 se of the SLtte, as^the case may Ih;, end shall Ih- as v alid and binding^as if ex rented under Slate law to the State, or State-^officer in his official rapacity, or official U^ard, f..r^the benefit M the State, and all fines, tuxes, penal^^ties .mil forfeitures due or ow ing to the Territory of^Montana or to any countv, sclmol district, or munici^^pality therein, at the time the State shall Ih- admit^ted into the t'nion, are hereby respectively assigned^and transferre-d and the same shali Ih pav.ihic n.^tht State, countv, school district or muni, ipalitv, as^the case may be, and | tav ment thereof mav be'en^^forced under the law s of the State. Sac.11. All propetry, real and personal and all^money s. credit- claims, demands and ^ hoses in^action of every kind, belonging to the Territory of^Montana at the time the State shall be admitted^nto the t 'nion, are hereby assigned and transferred^to, and shall be v ested in, and bee,nm-the property^of the State of Montana. Se* ij. All obligations of the Territory of Mon^^tana, 0*1 sting. In force and unpaid at the time of ihe^admission ofthe State into the t'nion are hereby as^sumed bv the State which shall and will well and^truly pay the same. Sac.it All matters, cases' and proceedings^pending in any probate court ^^f the Territory of^Montana, at the time the Slate shall be admitted into^the I'nion, and all official records, files, monevs.^and other property of. or pertaiting to -u, h court, are^hereby transferred to the di-trict court in and for the^same county and such district court shall have full^power and jurisdiction to hear, determine and dis^^pose of all such matters, cases and proceedings. Sat14, All action., cases and proceedings, and^matters which shall he ptsnding in the supreme and^district courts of Montana Territory at tne time of^the admission of the State into Ihe t'nion w hrreof^the l/nited States circuit or district court might^have had jurisdiction, had suuh court existed at the^commencement of such actions, cases, proceedings^and matter- respectively, shall be transferred to - .1.:^United States circuit and district courts respectively;^and all the files, records, indictments and pro, red ing*^relating to such actions, cases, proceedings and^matters shall be transferred to said I'nited State-^courts; ProstUW.* That no ciyil action, cause or^proceeding to which the I'nited States is not a^party shall be transferred to either of said I'nited^States courts except upon written request off one of^the parties thereto ana in the absence of such request^such cases shall be proceeded with in the) proper^State courts. Sac.it. All actions, cases, proceedings and mat^ters pending in the supreme and district courts of^the Territory erf Montana at the time the State shall^be admitted into the l/nion and all files, record* and^indictments relating thereto, except as otherw ise^provided herein, shall be appropriately transferred,^as may be proper to the supreme and district courts^of the State, respectively, and all such actions,^eases and matters shall be proceeded with in the^proper State courts. Sec.in. t'pon a change from a Territorial to^Stair government, and until otherwise provided by^^law, the great seal of the Territory shall be deemed^and taken to be the great seal of the State of Mon^tana. Sac.17 All Territorial, count* and township^officers now occupying their respectiy c poasssoaa^under the laws of the Territory of Montana, or of^the t 'ruled States of America, shall continue and re^^main io their respective official positions and per^^form the duties thereof as now provided by law^after the State is admitted into the I'nion, and shall^he considered State officers until their ^uecesaors in^office shall be duly elurted and Qualified, as pro^^vided bv ordinance, r ot withstanding any incosv andshali he Honein open convention at thr citv of^Helena in the Terri torv of Montana, this^seventeenth day of August, in the year^of our Lord, one thousand eight hundred^and elghtv-nine. WILLIAMA. CLARK, President.^WALTER M. B1CKFORD,^I. F. BRAZLETON,^^PETER BREEN,^E. U. A1KEX,^SIMON R. Bl/FORD,^WILLI AM MASON Bl LLARO,^WALTER V Bl'RLEIGH,^ALEX F. Bt'RNS,^ANDREW T. Bl RNS,^EDWARD Bl HNS.^[AMES E. CALLAWAY.^EDWARD CAR DWELL,^W PLATT CARPENTER.^MILTON CAt'BY.^WILLIAM A CHESSMAN.^TIMOTHY E. COLLINS.^CHARLES E CONRAD,^WALTER COOPER,^THOMAS F. COURTNEY,^ARTHl R I. CRAVEN.^W. W DIXON,^1^ M. 1^1 RFEE.^WILLIAM OYER.^WILLIAM T. FIELD,^GEORGE o EATON,^! J. E. GAY LORD.^^PARIS GIBSON,^WARREN C GILLETTE, 0.F. GODDARD. FIELDINGL GRAVES, R.E. HAMMOND.^CHARLES S HARTMAN.^HENRI I. HASKELL,^LI KE D H atch.^LEWIS II. IIershFIELD,^RICHARD O. HICKMAN.^S S IIOBSON,^JOSEPH HOGAN.^THOMAS IOYES,^allen R. K^Y,^J. E KANOVSE,^a. R. TOY, w.1. Kennedy, H.K N IPPEN BERG.^HIRAM KNOWLES.^CONRAD KOIIRS. CH. LOUD, LLEWELLYNA LICE,^MARTIN M AG I N NTS, 1,E. MARION.^CHARLES S. MARSHALL,^\\ M M \N GER,^P. W. Mi A DOW.^C. R. MIDDLETON.^SAMUEL MITCHELL,^WILLI AM Ml TH,^ALFRED MYERs.^WILLIAM PARBERRY.^W R RAMSDELL,^G I REEK.^IOHN C. ROBINSON,^^L. ROT WITT,^J. E. RICKARDS,^FRANCIS E. SARGEANT,^LEOPOLD F SCHMIDT,^GEORGE W. STAPLETON,^JOSEPH K TOOLE.^V. R TOOLE,^CHARLES S. WARREN,^WILLIAM H WATSON,^H. R WIIITEHI LL,^CHAS M. WEBSTER,^GEORGE B WINSTON,^A RRO N C. WHITT1ER,^DAVID G. BROWNE, Attest: WM.H. todd, Chief Clerk. asnotice of general^elections for delegate to Congress and countv offi^cers is required to be given by the exiatirur laws of^the Terri torv. Twelfth That the provisions of this ordinance^shall snp.y onlv to the election and to the cd^eers^elected on the hrst Tuesday of October, sflBo,^MEMORIAL. Ivu/,-* of Amrrua, it, Ctmfrr** Ax.-emUrJ: oui mrm^^ri.,.i^t^ the t'ortstitutio bylaw; Prtn uV, That the^for Justices off the Supreme C ourt,^Secretary of the Territory shall be^paid bv Use State of Montana ORDINANCENO t. FKtKAI. aH.ATIONS. BEIT ORDAINED First, that perfect tolera^^tion of religions se-ntiment shall he secured, and th.it^no inhalutant of the State of Montana shall ever t*e^molested m person or property on account of his or^h^-r mode of religious worship. f~Second'That the people inhabiting said pro^p^ ised Nt.it,- of Montana do agree and dr -^clare that thev f,irever disclaim all right^and tit 1c- to the unappropriated lands ly ing^within the boundcries there*^f, and to* all^lands Iving n ithin said limits owny-d or held by any^Indian or Indian tnln*s. and thai until thr title there^^to shall have been extinguished by the I'nited^States the same shall be and remain subject to the^disposition of the I'nited States and said Indian^lands shall remain under the at^solutc jurisdiction^and control of the Congress of the I'nited States,^that the lands belonging to citizens of the I'nited^States residing without the said State of Montana^shall neyer be taxed at a higher rate than the lands^In-longing to residents thereof, thai no taxes shall^be imposed bv the saial Slate of Montana on lands^or pro|M-rty therein It-longing to or vt hich may here^after l^c purchased bv the I nitcd States or reseryed^for its use-. Rut nothing herein contained shall pre^^clude the said State of Montana from taxing as other^lands are taxad any lands owned or held by anv In^^dian wha^ has sr\ erred his tribal relations anal has ob^^tained from the I'nited states ^* from anv person a^til!, th, reto by patent or other grant, say ,- and except^si.ch lands as haye hern or may he granted to any^Indian or Indians under any act ^^f Congress con^taining a provision exempting the land thus granted^from taxation, but saiel last named lands shall be^exempt from taxation by said Stale of Montana so^lonif and to sueh extent as such act ^ it iongrt-s-^mav prescribe. ThirdThat the de Ms and liabilities of said Terri^torv of Montana shall Ih- assumed and paid hv the^State of Montana. FourthThat provision shall be made for the es^^tablishment and maintenance of a uniform systrm^of puhliV schools, which shall be o[ieii to all the^children of said Mate of Montana and free fi^.m^sectarian a ontml. Fifth:That on behalf of the people of Montana,^we, in convention assembled, do adopt the Cmstitu^tion of the I'nited States SixthThat the ordinances in this artic le shall be^irrevocable- y\ ithanit the consent of the I'nited States^and the jieople of said State of Montana. SeventhThe State hereby- accepts the Key eral^grants of lands from the I'nited State*- to the State^of Montana, mentioned in an act of Congress, en^titled ^An act to provide for the division of Dikota^into two Sdtes, and to enable the people of N',^rth^Dakota, South Dakota. Montana and Washington^to form constitutions and State governments and to^be admitted into the I'nion on an equal footing with^the original States, and to make donations of public^lands to sm h states.^ Approved February n^upon the terms and condition- therein pnoided. ORDINANCEII. acrei ions. Pr-it ssVmHbsx* ^*t thf ( om mtum AxxrmfifrJ to Form^a ' .- '1:n for thr State nf M ^,: : . ; FirstThat an election shall tw held throughout^the Territory of Montana on the first Tuesday of^October, ssssa for the ratification or rejection of the^Constitution framed and adopted by this rimvention. SecondAt said election the Constitution framed^and adopte d by this convention shall he snbtnitted^to thr jx-ople of the Territory for their ratification or^rejection, and all persons who are then qualified^electees under the laws of this Territory shall mJ^uualified to vote for the ratification or rejection^the rrof. Third:Said elections shall he held at the several^polling places and precincts throughout the Term-^torv appointedforthe holding of electionsunder the laws of the Terri-^torv. and shall be conducted in the m.mn^ r^prescribed bv the laws of the Territory regulating^elections The hoards of countv commissioners ^if^the- several counties of the Tenitorv shall appoint^judges and clerks of sue h election in each of saiel^pol'tng places and precincts in the same manner a*^is now required bv lave for the appointment of^nidges and clerks of general elections in the Terri^torv. Fourth'Kach ciector voting at said election shall^1 have written or printed upon the ticket he mav de-^I posit in the hallot-hnx, the words: ^For the Consti^^tution.^ or ^Against the Constitution. FifthThe votes cast at said election for the^adoption or rejection of said Constitution shall tw^c.un asse-al |^v the canvassing hoard* of the respec^tiye counties n^K later than fifteen davs after said^election,or soonrr, if ihe returns from all of the pre-^ci nets shall have been received and in the manner^prescribed bv the laws of the Territory of Montana^for canvassing the votes at general elections in said^Territory, and the returns of said election shall he^made to the Secretary of the Territory, v^ ho. with^the tJovemor and the (^hief Justice of the Territory,^or any two of them, shall constitute a board of can^vassers, who shall meet at the offi a e of the Secretary^of the Territory on or before the thirtieth dav^after ihe election and canvass the votes so cast and^declare the result Sixth That 00 the first Tuesday in OctoU-r SSq,^there shall he elected bv the qualified electors of Mon^tana a liovcrnor. a lieutenant (iovemor, a Secre^tary of State, an Attorney -fieneral a State T reas^^urer, a State Auditor, a State Superintendent of^Public Instruction, one Chief Justice and two As^es of the Supreme Court, a Judge f^^r^Judicial districts established hv thi;^Clerk Clerkof the District Court^of the State, and the member* of Seyenth:Then shall he elected at the same time^one representative in the F1 ftv first Congress of the^Cniten States. EighthThe votes for the above officers shall be^returned and canvassed as is provided by law. and^returns shall be made to the Secretary of the Terri^^tory and carvassed in the same manner and bv the^same board as is the vote upon the Constitution, NinthThere shall also be elected at the same^time the following countv and township offi' ^-rs^Three cmntv commissioners, one clerk off the board^of countv ctxnmissionets, and ex official recorder,^one sheriff one countv treasurer, one countv super^^intendent of common schools, one county surveyor,^one countv assessor, one coroner, one public ad^^ministrator one countv attorney, two justices of the^peace and two constables for each township. The^terms of office for the above named officers shall be^gm upon the admission of the State and end upon^the first Monday of January, A. D iNl* except a*^to counts treasurer whose term shall begin on the^first Monday in March succeed ing his election, and^end on the first Monday of March, A. D.. and^aiao. aa to countv commissioners whose terms are^otherwise prov ided for in this constitution. Tenth The votes for the above countv and a.wn^*b^p officers and for clerk of the district court, shall^he returned and canvassed and certificates nf elec^tion to said officers issued aa ia now provided by^law. EleventhNotice of the election for the adop-^tsoo or rejection of this constitution and for State,^district, countv and township officer* shall be given^bv the clerks of the several hoards of county corn ofMontana,^act of C ongr p.ieu renruary ^nd, A. D .^represents that it ha* hrrn in^fourth day of July. ,vV ,ha| XW^dltiotis tr .iiis.,, ti.,^ of 1.11-1 .w. aMia I Convcntnm^pursuant to an^i^ prov ide f^ir the^ind to enable the^mmi Montana^tions and State 0the l/nion on 1States, and to :s^ix nrcIke^Jcrlv and mm* l'm|fT^--^ lo pjv su* h 1 \lt j ^^rdi^v rxprtiM*.\^mr iiM-nMiri.tl I'nitedSl.it^-~ of Anu-ru-.i. / Territoryof Montana. \ I.Lotai* A. Walker, Sa-cra-tart of tha-^terrilori of Montana. Jo lu-rt-b. ci-rtif^^that I ha\e MUfMM tha- MmJ ami^forrajoinn ^ onstitution of the -late of^Montana, a- adoptcal t^\ the Montana^MMMMMJm! MJNmSmI of ins^. aaith^Ihe original thereof, (ileal in ni^ otti. . on^Ihe 17th MJf of .\uj;ii^t. A. 1). iNSa. anil^that the ^aine i^ a eorreet MMCtSJt^therefrom, ami of the whole of sji.l oriu^^inal MMMS Witneym\ hand ami the seal of the territory of Montana, this j^tli i-km.ldavof jugiH, A. D one thou ' -~ -and i iv;lit hundred and eii;li1\ nine. Lm A VttM, mmjof the Territorx of Montana. totiik rcoeia or no raaai TORVOT MONTANA;^The eon-titutional eonv eution. after a^continuous session of forla -five d.n-. has^completed its labors and submits the ac^^company int; constitution of the slate of^Montana to the qualified electors for^their ratification or rejection. Wetlo not claim that it is a perfect^instrument. No constitution e\er re^rlcclcd the concensus of public opinion^upon all question-. All constitutions^are the results of compromise-. The^constitution of the I'nited State-, chcr-^i-hed aho\c all other instruments, wan^far from perfect when adopted, but time^and the lijjht of experience exposed its^imperfections, ami the fifteen amend^tna-nts which were subsequently pro^po-cd and adopted MMJMlMlM that^the power of MMSl lodged with^the people ma\ be safely relied upon lo^correct inequalities ami provide new^safeguard- when required So it will be^with thi- constitution. Theusual provision for the submi*^sion and adoption of amendments js^made On the tit-| da\ of October next^ItJMIll t ic. tion will be had. at MjIcS^a on will be called upon to ratify or re^^ject the work of thi- convention. Kach^elector r^tfM, at said election shall ha\e^written or printed upon the ticket he^may deposit in the ballot box the words^^For the Constitution^ or ^Against the^Con-titutiain. Theconstitution now propo-cd i- situ-^ilar in all it- fundamental pro\i-ionsto^the constitution of iSNj. w bit h was rati^tied b\ I MM majority : yet we think in^this the judiciary -y-tem i- better nM^lo the want- and interests of our people.^We -ubmit it in convenient form for^your careful consideration ami commend^it as worthy of your unanimous ap^^proval. The adoption of the constitution^will secure our admi-sion u|miii an equal^footing with the original state-: il will^give il- adequate a-ourts for the adminis^^tration of justiet..; it will permit us to tax^lar^;e quantities of land now exempt from^taxation; it will gfrc us the immediate^benefit of -cliool an I other land- donated^by the I'nited State-; it wtll relict, a- us^of that unju-t inhibition hv whia'h we^are prohibited from -filing our mine- in^foreign market-: it will j;ivc us a repre^^sentative in conjjrcss ami two I nitcd^State- senators to repie-ent u- in Wa-li-^inj^ton; it will ^ite u- tlie ri^ht of suf^^frage in national elections: it will KHrai^u^ a stable government: it will invite^capital and emigration: in -hort it will^break the MKMli of territtirial bMMM^and elevate u^ to the full di^initt of^American citizenship. Ourpopulation represa-nts individuals^who have enjoya-d constitutional gov^^ernment in different states of the union,^and those whose lives and aspirations^have been circumscribed within the nar^^row limits of territorial vassalage. To^neither of these is it necessara lo ad-^dress an ar^ment in favor of our s|^ecdv^admission into the union. Let everv^citizen bIio deserve- well of hi- -fate, of^hi- country and of mankind promote in^every honorable way the ratification of^thi- constitution. Wepoint with pride to the fact that no^shadow of repudiation found its wav^into our con-titution. That important^point is well and safely guarded. Ex^^perience has taught the paople of the^l*nita-d States that capital and emigra^^tion ek a stable and safe gcjv eminent^If Montana were a state to-day the capi^^tal that would seek investment and the^immigrants who would seek homes in^this our favored land of Montana would^be increased in an immense ratio. We.who arc here to participate in lav^^ing deep and broad the foundation of this^great commonwealth, will pass awav.^but our votes and effort- will live with^the years to come when all the prob^^lems t)f our day -hall be solved, onlv to^pel place, perhaps, to others of deeper^and graver import; we confidently hope^and expect that the constitution will re^^ceive a hearty approval, and re*pectfullv^submit it to the consideration a^f an In^telligent and patriotic people. JosephK. Toole,^H. I*t. \tt CmVM,^W W Dixon.^Jxmks E. Callaway.^T. E. Collins.^Walter M. Bii kk^^ i^^Charles S. Warren.^Committee on Addres-^Helena. M. T, Aug a6, 1889. \