The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1884-01-30
OUR HELENA LETTER.
Debate on Article Concerning
Education.

Debate on Article Concernin
Education.
Id Article on Railruads Under DE
- Special Correspondence of the MINxR.
~ HELENA, Jan. %, 1884.
The first business entered upor
u this morning was the report of the
Chairman # the Committee of the
> Whole, (Toole) which ON Saturday
, amended and adopted General File
Q No. 1, relative to education. The
Convention made further amend
I ments. The first section was shorn
down to a simple declaration. In
. the printed copy it reads:
. Believing that the stability and
success Of a republican form of gov
. eminent depends largely upon the
general diffusion of knowledge, aud
that universal suffrage demands for
Its safe and proper exercise universal
intelligence. it shall be the duty of
the Legislature of Montana to estab-
lish and maintain a general, uniform
and thorough system of common free
schools.
Mi. Toole moved to strike out from
the section all preceding the words,
ut shall be the duty" The section
would be complete with what re.
NAMED. The only proper place for
Introductory remarks is the preamble
to the Constitution; it is customary
to make a general declaration of
principles there, and he had no OBJ
lection. But to interject PREDATORY
remarks in the several articles was
1ncumbering the instrument and
added no significance to it. He
further objected to the expression
universal suffrage" which occurs
In 1t. as 1t may include men, women
and aliens. 1t will be time enough
to deal with that when an extended
principle Of franchise may be an
issue.
MI. Galloway approved the section
as 1t stood. He took some pride in
the Constitution they were framing,
and he wanted 1t to contain liberal
declarations and principles. 1t was
appropriate to the subject it prefaced
"a mere preamble. to be sure-but it
was a useful sentiment to embody,
and he wanted our boys to read it.
MI. Hedges said the term universal
suffrage is understood to apply toour
present electoral system; it is used in
its conventional sense, although it
might not De literally correct. He
wanted to see the section stand.
But the Convention took a different
view, and the amendment was {
adopted. .
Mr. Hunt explained that notwith- :
standing he had introdu ,ed the
amendment in committee of the &
whole, to expunge the compulsory J
clause, he did it from a sense of ex.
pediency, though believing the prin- :
ciple to be right. 1t is an act Of JUS
tice to society to compel all children
to be educated. But in our present 8
such a requirement would q
be irksome-it is twenty years ahead
Of the time. He made this explana-
ton that his motive might not be Z
lnisconstraed. y
The Convention having adopted Z
General File No. 4, went into conf S
of the whole, Mr.. Mccormick =,
the chair, to consider the article on ,
"a. F. No. s.. The first
'c'lr sections were adopted without RI
much debate, or radical alteration, s.
the fifth section provoked some
It starts out with declar- -,
ng, "All railroads shall be public
highways, and all railroad companies y
amended to include transportation
nd express) shall be common car r,
MI. Howell objected to the first w
lause; it did not state q fact. Rail IN
are not public highways; they
re owned by corporations endowed to,
nth certain franchises, and they f.,
ave exclusive control Of the lines.
[e moved that it be stricken out.
Mr.. Dixon said the State constitu- IA
ons more recently framed and du
hers lately amended, contained a
milar declaration. He affirmed ho
lat railroads are public highways.
hey derive their life from Legisla- ie'
We authority, and the same power
at creates them, in the public in sh'
rest, declares the public high
avs. h.,
MI. Howell was still in the dark. f.o
ae section provides against railroad 7
meditation, and he could not see T..
usefulness. 49,
Mr.. Pemberton said In nearly all r
Q states since the days of railroads, tin,
9 evils Of a consolidation of COM =
ting lines have been more or less sho
t. The section in question was de- Y
med to prevent this buying up of Tin,
position lines. and to let the people +
some Of the benefits of COMPETE rod
n. Therefore all such contracts r
itch create monopoly and initiate dim
ainst the public interest, are t, be
ultra vires, beyond the pow
the corporation to enter into or
ecute. The section was at length B
opted with the addition of a roa'
on 9Th o,o{~ - oIo eve