The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-04-18
WHERE ARE WE DRIFTING ?

Under the above caption a writer
in the Yellowstone Journal of the
It'll inst, over the signature "Consti-
tutionalist," takes up the Custer
County imb.oglio, and in a dispas-
sionate, logical article, presents the
whole subject of the matter as viewed
from a legal standpoint. We would
be pleased to give the entire article
but as it's extreme length would make
a larger draft upon our space than
we have at command we shall pre-
sent only its more salient points.
The writer prefaces his article by re-
marking that: "The recent act of the
Legislature of Montana in removing
the board of County Commissioners
OF Custer County, in q summary and
unprecedented manner, upon purely
&c parte representations, without
even giving them an opportunity to
be heard in their own defense, and
the hasty appointment of their sue
cessOrs to assume the control of
county affairs, savors so strongly of
the Star-Chamber trials by the old
English kings that it naturally sug-
gests to the mind the significant in
quiry which heads this article"
He admits that, "the legislative
power of a State is supreme when ex-
ercised within the limits prescribed
by its Constitution and the Constitu-
ton of the United States" but de-
MES that legislative authority ex-
tends beyond these limits. He holds
that Congress, having the right to
erect a territorial government can
confer upon it such powers-legisla-
tive, judicial and executive-as they
may deem best. He then quotes the
following from the organic act of
Montana to show that the grant of
Legislative power is limited: "The
legislative power Of the territory
shall extend to all rightful subjects of
legislation not inconsistent with the
constitution and laws of the United
States.' And adds: "These express
limitations Of the legislative power of
the territory having been thus clear
ly defined in the organic act of its
creation, it might be well to look a
little further, and ascertain if posi-
ble, from the constitution, what these
limitations are beyond which the
legislative authority does not extend,
The fourteenth amendment of the
declares that "no state
shall make, or enforce, any law
which shall abridge the privileges or
mmunities of citizens of the United
nor shall any state deprive I
my person of life, liberty, or prop
'rt.y without due process of law; nor {
leny to any person within its juris- {
the equal protection of the
avs" !
His premises thus stated may be s
educed to the following PROPOSE t
ions: First. That theLegislature of t
lontana derives its powers from the t
rganic act. Second. That the or o
anic act limits those powers. Third. u
hat it cannot exercise authority a
eyond the pre- ,cribed limits; and o
Fourth. That the fourteenth e
mendment to the Constitution of II
United States defines the Iimita- t.
ons beyond which the legislative il
lthOrity does not extend. These e1
lead to the following ii
'nclusions: First. 'In pursuance fo
the powers granted in the organic l.
W creating the Territory, the Legis- lii
tive Assembly at its first session OF
escribed the qualifications Of citi- W
nship for the exercise of the cleo. al
franchise, and for acquiring and hi
'lding office in the Territory. It hi
20 provides for setting off and fS
yanizing counties; for the election
d qualification of county and other i'm
icers; fixed the official term ana it,
compensation attached thereto. an
is action of the Legislature set in lat
'tion the political machinery Of Co
r county governments; and while all
provided the method by which the it
privileges of the citizen J tig