The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1884-07-02

ZION 70 cast Ine eHtIe VOCe u tnelr equity
A.. h. MITCHELL, Chairman
CHAs. D. CURTIS, Secretary.
AN ADDRESS
TO the Voters of the Territory {
Montana.
The Delegates of the people of til
Territory of Montana, in COnventio
assembled to frame a Constitution fc
the future State, having complete
their labOrs, present to the ElectOl
for their ratification the annexed Cor
stitution, to the most important fea
lures of which We invite your atten
ton.
Every interest we have imperative
ly demands that our present depend
ent condition of territorial servitude
little better than the colonial system
u fOrefathers overthrow by revolu
ton, be abandoned. During the pas
I've years our population, materia
prosperity, and various sources O
wealth, have been so augmented, thal
we have keenIy felt our present sys-
tenn of government to be wholly in.
commensurate with our wants and
growing necessities, and this consid-
Grafton has impelled us to ask, and
as We have the right, to demand that
inalienable right of freemen, the
privilege of self-governme 1T. The
longer this is delayed, the longer our
liberty, permanent prosperity, and
c0ntentment are circumscribed. To
secure such a stable government as is
conforms BILE with this idea and eff
Client and economic methods, a State
Constitution is essential.
You are reminded of the MANY va
ried matters which we have been
obliged to consider, and of the diff
cultles encountered in the prepara~
ton of this Constitution. Upon some
of its provisions q wide difference of
opinion prevailed at one time, but
earnest discussion and careful consid-
GRAFTON ultimately resulted in an all
most unanimous adoption, there be-
ing but one dissenting voice on the
final vote.
While it may appear some egisla-
ton has crept into u work, vet it
must not be forgotten that experience
has demonstrated the fact that the
wide demands Of State require Ger.
tain, and, perhaps. manifold r~estric.
tons upon legislative bodies, and the
only way to reach them is to embodv
such restrictions in the Constitution
Itself.
DECLARATION OF RIGHTS,
This article is pregnant with salu
tary declarations. 1t guarantees per-
feet freedom and federation, without
discrimination on account of relig-
ion, but such does not extend to or
include the practice of polygamy. It
was deemed prudent to leave no room
for misconstruction upon this relic of |
barbarism. All fel0nies are required |
to he prosecuted by Indictment.
Our present grand jury system is
retained. with this wholesome
modification, i. e.: It shall con- !
sist OF twelve men, nine
of whom may find a "true bill.n In
some States, grand juries have proved
m inefficient method for bringing
guilty persons to justice, and thew
have tried the experiment of abolish
ing them. The same right is reserved
to the Legislature to abolish the
grand jury system, substituting an
other method, it wise and expedient
SO to do. Two-thirds of a jurv NAV
render a virdict in civil causes. This
practice, although a departure from
the common law, has been tried in
several States with excellent results.
This provision will prevent MANY
mistrials and hung .juries, and very
materially lessen the expense of the
administration of justice, without
any corresponding disadvantages to
litigants.
Ample provision is made for the pro-
lection of private property, and when.
eve taken for public use, lust COM
%pensation is secured by reference to a
jury. wnen required by the owner.
aud, until the same shall have been
paid to the owner or into court, no
authority exists to divert the proprie-
tary rights of the owner. Whether
the use to be made of such property
is public or not, is always a judicial
question, without regard to any Ieg>
lsiative assertion concerning the
same.
LEGISLATIVE DEPARTMENT.
State Senators are elected for four
years, Representatives for two years,
and such provisions are made so that
the Senate shall be changedbiennallv.
Short sessions have proven an incen.
tive to greater industry, hence the
limitation of forty days in all ses- I
sions, after the first, which shall not
exceed sixty days. No special law
oan ever be passed, when a general
one could be made applicable, and /
appropriations to denOminational or
institutions are prohibited. I
Neither the faith of the State, nor of
any county, can be pledged to con- ]
tract or pay any debt for railroad
purposes, nor can any liability or OBJ
legation of any purpose, or corpora. 1
ton, be extinguished except by pay {
ment into the proper treasury. 6
EXECUTIVE DEPARTMENT. +
This department of government is :
made to consist ola Governor, Lient- {
enant-GOvernor, Secretary of State. d
State Auditor, State Treasurer, At i.
General ard Superintendent y
Of public instruction, whose tenure of :.
office is two years. Moderate sala. :;
ries, scarcely commensurate with the -
duties and responsibilities of the Of =
ice, are provided for, but the judg-
ment of the Convention was that. for
least a number of years, the sala-
les fixed were adequate. All ap- tt
to office by the Governor el
must be with the advice and consent 8,
# the Senate. In order to more eff es
actually regulate the subject of par c.
Ions, provision is made for a board to c,
'e known as the BOARD of Pardons,n al
consisting of the Governor, Secretary Ell
f State, and Attorney General, who 10
re invested with power to remit pl
mes and fo%rfeitures, and to grant so
ana pardons, after m
onviction, either absolutely or upon ii,
lch terms and conditions as they tn
lay deem proper. To prevent inn tn
all hearings before the i'm
GARD are required to be in open ses~ an
on, after due publication of the time FRI
I'd place of such session. Provision pr
mazda for M 1lin~ ovk,oo ~l:.o--. ~;