The new North-west., 1884-07-04
THE STATE CONSTITUTION.

1
the Territory at the next general election
for ratification or rejection, Is finally pub.
lished and circulated In pamphlet form.
With It's principal features attentive readers
OF the NEW NORTH. WEST are familiar, they
having been presented or discussed during or
Immediately succeeding the Convention.
The Constitution, As presented, is accompa-
MED BY an address prepared by direction OF
the Convention, calling attention to Its SAL
lent features and showing that under 1t Mon
tana Is prepared to safely and economically
assume the duties and responsibilities Of
statehood.
II Is not within the purpose Of this article
to review the Constitution or 10 argue In ia
vor of Its adoption. 1t has too many pro-
visions TO discuss In group, and 1t is better
they should be severally considered and un-
derstood, and then deliberate judgment
passed upon the instrument as whole. 1t
Is not assumed even by Its warmest friends
and advocates that II is faultless. 1t proba-
bly, does not in all its provisions meet the
approval Of any one Of Its trainers. 1t is
merely an aggregation Of the determinations
Of majorities Of the Convention on the sew
eral articles and sections as they were
drafted, discussed, amended and agreed
upon--sometimes unanimously, but more
frequently with dissenting minorities. When
all had been deliberated and acted upon, and
finally enrolled, it Is true there was but one
stfrr vni. tn aAa I.,1
unanimity was the concession of the minoi-
tiles 10 the msjorities and declaration that
as whole, and in its entirety, It was such a
Constitution as Montana could wisely ask
admission under. And, 1t Is IN this spirit
Its trainers ask the electors Of Montana TO
consider it. 1t is not Haunted in their faces
challenging criticism and objection, but sub
mitted as the matured work Of nearly half
hundred men, who carefully, studiously and
conscientiously labored 10 frame q State
organic law that would commend Itself after
| careful investigation and command the ap-
proval Of those who are to ratify or re-
ject 1t.
We have little doubt what that verdict will
be. Aside from the general proposition of
whether or not we will now ask for admis-
sion as State, there is but one provision In
the Constitution that is likely to provoke
any popular opposition, viz: the clause rela.
tive to the exemption Of mines, growing
crops and young stock from taxation. That
some believe the effort TO secure admission
as q State 10 premature, and will oppose the
ratification on that ground, Is most likely;
and that others will object to the mine ex-
emption was foreshadowed quite clearly In
the debates and the votes In Convention.
As TO the prematurity Of the movement
there need be no concern. Montana will
very likely still be asking long denied ad-
mission after every one who now believes
the movement for statehood premature has
become an advocate OF the measure. So far
as the matter of mine exemption Is con-
cerned, 1t is we'll for owners of other prop
erty, who might hastily think favoritism
was shown the mining interest In this
provision, to give consideration TO the
facts, that all mining property Of every
description except the lode, or suppositious
lode, Is subject to taxation. The surface
area, every form Of improvement and facility
for working or reduction, is taxable, and
then the net product of the mine itself and
all this hitherto noted property 10 taxed. An
investigation Of the Constitutions and laws
Of the gold and silver producing States and
Territories showed, without an exception, |
we believe, that their experience has resulted |
In this adjustment being settled upon either |
BY organic or statutory law as the equitable
solution Of difficult problem, and the Con-
stitutional Convention of Montana. after
thorough consideration of the subject, adopt. |
ed as basis the Montana law now on the |
books, and engrafted 1t as part Of the Con-
thereby bringing the issue directly before the
people, and taking what Is q source Of inter-
minable controversy out of the field Of legis
lation. This matter was discussed In all Its
bearings In the Convention, and we presume
will be In the press. We are satisfied that
the deliberate conclusion of the electors will
be the same as that of the Convention.
There was objection raised frequently by
some of the ablest members of the Conven-
ton against the disposition to include legis-
lation In the organic law. This appears the
tendency of all constitutional bodies, and
more or less that might be left TO legislative
snactment appears In all constitutions. Con-
,idering the fact that the amendments pro.
posed 10 constitutions are frequently to cover
antiquities or omissions In the original in
,trument, and that specific provisions are
more or less legislative In character, 1t is not
he least difficult task of Convention 10
iraw the line with wise discretion between
ambiguous general principles and encroach.
ng declarations that involve what might be
provided for by statute. Certainly the most
exceeding care was exercised In this respect,
md where principles are elaborated and de-
ined, II has been done to avoid uncertainty
'r eliminate issues from legislation that are
continuous elements Of strife and evil.
We commend the Constitution as q whole
o the careful consideration Of Montanians
md trust We will be pardoned for asserting
hat We believe there Is no State In the Union .
o-day with 80 nearly perfect and adequate
Constitution as this drafted for Montana. Il ,
8 not hasty rehash from existing constitu-
ions. It Is the result of careful investiga- ,
ion Of ali and Of their practical workings; ,
nd while their best provisions have been
there have been evolved meth |,
ds and provisions distinctively different
rom those Of any other State--the outgrowth
4 experience and due consideration. Never :
harder working body; never one subject to
eos extraneous and selfish influences; never
ne with more earnest resolution to draft
be very best Constitution 1t was capable of, I
ssembled In any State or Territory. 1t was ,
ot composed Of men entirely great, or OF q
,en Of hobbies; nor was 1t Convention Of .
,ediocrity. It represented essentially the Z
eneral average Of intelligence In the Terri
Dry, and II was honest In Its purpose, In It's
CELEBRATIONS, and its results. Its work Is
ow before the people. Wherein 1t meets
'lth favor will be q Qualification to those Il
Tho assisted In It's preparation, and wherein .
does not, We will be pleased, on the issue II
cling raised, TO give space TO the objections,
nd nrasent va fha Cnnvauttox, sf1~