MONTANA. 



535 



when a general one could be made applicable, and 

 appropriations to denominational or sectarian institu- 

 fciona are prohibited. Neither the faith of the State, 

 nor of any county, can be pledged to contract or pay 

 any debt for railroad purposes, nor can any liability 

 or obligation of any person or corporation be extin- 

 guished, except by payment into the proper treasury. 



The executive department is made to consist of a 

 Governor, Lieutenant-Governor, Secretary of State, 

 State Auditor, State Treasurer, Attorney - General, 

 and Superintendent of Public Instruction, whose 

 tenure of office is two years. A Supreme Court of 

 three judges is created, having appellate and super- 

 visory jurisdiction only, and sitting twice a year. 



The judges hold their offices for six years, and are 

 elected by the people. District Courts are provided 

 with substantially the same jurisdiction as they now 

 have in the Territory. Four districts are provided, 

 but the Legislature has power to increase the number 

 to meet the necessities of the people. County courts 

 are substituted for the present probate courts, with 

 enlarged jurisdiction. Justices of the peace are pro- 

 vided for, and the right to create police and municipal 

 courts is vested in the Legislature. All judges are re- 

 quired to have resided in the State or Territory at 

 least two years prior to their election. 



In addition to the usual qualification of age, a voter 

 must either be a citizen of the United States or have 

 declared his intention to become such not less than 

 four months before he offers to vote, and must have 

 resided in the State six months. The Legislature is 

 required to pass all needful laws for the preservation 

 of the sanctity of the ballot. Suffrage is likewise ex- 

 tended to women, so far as relates to school-district 

 elections, and women may hold school offices, pro- 

 vided the Legislature shall enact laws to that effect. 



Educational, reformatory, and penal institutions are 

 amply provided for, as well as those for the benefit of 

 the insane, blind, deaf, and mute. In order that the 

 seat of government may be permanently located, pro- 

 vision is made for submitting that question to the 

 electors of the State at the general election next en- 

 suing after the first session of the State Legislature. 

 The Legislature is prohibited from making any ap- 

 propriation for Capitol buildings or grounds until 

 after the seat of government shall have been perma- 

 nently located, and no appropriation for such purpose 

 is authorized before the year J900, unless the proposed 

 appropriation shall have been first submitted to the 

 electors of the State and the approval of a majority 

 thereof obtained. 



This Constitution commits the State fully and une- 

 quivocally to the perpetual maintenance of public free 

 schools ; opens tne school-doors unconditionally to 

 thof admission of all between the ages of five and 

 twenty-one years. Three months' scfiool is the mini- 

 mum allowed to any school district in the State. The 

 school lands are carefully provided for, the object 

 being to secure the utmost, both for principal and 

 interest, with a full guarantee by the State against 

 loss or diversion of any part thereof. 



By the provision relating to revenue and taxation, 

 the value of the surface improvements and other 

 property, and the net proceeds derived from oper- 

 ating a mine, are made proper subjects of taxation, 

 the mine itself being alone exempt. The system em- 

 bodied in this Constitution is similar to that of Neva- 

 da and Colorado, where it is claimed every mine that 

 is worked yields its just proportion of revenue to the 

 county and State. 



The rate of taxation for State purposes can never 

 exceed three mills on the dollar ; and whenever the 

 taxable property amounts to one hundred million 

 dollars, the rate can not exceed two mills on the dol- 

 lar; and whenever the taxable property amounts to 

 three hundred million dollars, the rate shall not 

 thereafter exceed one mill on the dollar, unless a 

 proposition to increase the rate, specifying the rate 

 proposed, is first submitted to and approved by a ma- 

 jority of the voters of the State. 



The article on public indebtedness commits the 

 State, and every county, city, town, township, and 

 school district, against lending the credit thereof, 

 directly or indirectly, to or in aid of any person 

 company, or corporation, for any amount or for any 

 purpose whatever. Counties are also prohibited from 

 contracting any indebtedness, for any purpose, be- 

 yond five per cent, of the value of their taxable prop- 

 erty. A like provision is made concerning cities, 

 towns, townships, and school districts, limiting their 

 power to create any indebtedness beyond three per 

 cent, of their valuation. 



The Constitution subjects railroad, transportation, 

 and express companies to legislative control. The 

 power to regulate and control by law the rates of 

 charges for the transportation of passengers and 

 freight by such companies, as common carriers from 

 one point to another, within the State, is expressly 

 asserted, and unjust discrimination in charges pro- 

 hibited. All railroad, express, or other transpor- 

 tation companies, in existence at the time of the 

 adoption of this Constitution, are prevented from 

 having the benefit of any future legislation, until 

 they shall have filed with the Secretary of State an 

 acceptance of the provisions of this Constitution. 



Stringent provisions are made against railroad and 

 other transportation companies issuing, or public offi- 

 cers receiving, any free pass over such roads. 



Political. A Republican Territorial Conven- 

 tion met in Bozeman on the 2d of May, and 

 chose delegates to the National Convention of 

 the party. A second convention of the same 

 party was held in Helena on the 2Tth of 

 September, which nominated Judge Hiram 

 Knowles for delegate to Congress. The fol- 

 lowing are among the resolutions adopted : 



That the crime against the suffrage perpetrated by 

 the Democratic party, in its name and for its benefit, 

 in the Territory of Montana in 1882, whereby the ver- 

 dict of the bonafide electors of this Territory expressed 

 at the polls was reversed, for its shamelessness was 

 unparalleled since the days of ballot-box stuffing in 

 the Territory of Kansas, and as that crime drove from 

 power the political party that refused to condemn it, 

 BO this iniquity should inexorably excommunicate the 

 political party which has condoned, if not approved 

 it, from political power ; that the protection of the 

 ballot is the security of democratic government, and 

 we demand a registration law which shall ascertain 

 and protect every citizen's right to cast his ballot once 

 at an election, and to have the same counted in de- 

 termining the result. 



That equality of taxatio^ according to its value, of 

 all property within our limits, is an elementary prin- 

 ciple of republican government; that the exemption 

 of large and valuable properties and franchises from 

 taxation is a practice to be regulated, condemnedj and 

 terminated ; and to the end that all property within 

 the. limits of the Territory of Montana may share in 

 the burden of government alike, we cordially recom- 

 mend that, under the present, or some better Constitu- 

 tion, to be speedily framed, the people of the Terri- 

 tory obtain admiss'ion into the Union as a State. 



That we demand such legislation of Congress as will 

 cause an early and complete survey of all lands granted 

 to railroads within this Territory, and the completion 

 of the title of them to such an extent as that the said 

 property may be taxed precisely as is other property 

 in Montana. 



The Democratic Territorial Convention met 

 at Deer Lodge on the 25th of September, and 

 nominated Joseph K. Toole for delegate to 

 Congress. At the election, on November 4. 

 Toole was successful, receiving 13,584 votes 

 against 13,385 for Knowles. The Legislature 

 of 1885 consists of 5 Republicans and 7 Demo- 



