The Helena independent., 1889-08-02

shall o. uu4cl GoAtEol ol tuc Htt''A t7t1e'
Robinson offered proposition relative tC
water rights, as follows:
That priority OF date OF appropriation oi
water shall be forever lnviolLbie, ADD
vested rights SO acquired shall newer bt
disturbed. That sucn rights 10 The use 81
all water In This state, except rs To sucf
water As has heretofore Urrn oT may n
acquired BY dammlng II TtSeTVolTlng ~
same, shall be- usuiTuct and extend 10 sucl
and so much as the owners lhereoI inal
have actual use for, and Tor such length U
time as he may have actual use Tor th'
same.
That the legislative assembly OF the stet'
shall enact such laws as may Dr necessary
tO carry the foregoing prUvlsiun ini'
effect"
Judge Dix0n's additional section q
proposition No. z, came mp under Tie
order of unfinished business and y - post
pOned until the afternoon
Warren moved tnat proposition No j.
state Institutions snd public 0uildlnEs, Dr.
made the special order tor next Wednes
day morning n 10 O'Clock. Carried
Middleton moved thai the convention "a
into committee al the whole on proposition
No ~, legislative departments
j. r. TOole, chairman OF the committee
was absent and Maginnis asked that the
matter be- postponed. Middleton Insisted
upon hts motion, which was lost
Collins moved 90 into committee oi
the whole on general hle Iue motion
carried and }. L. TOoie was called 10 the
chair.
Collins moved % take up proposition No.
~ miscellaneous subjects anu future
amendments. Carried.
Loud moved talt tls words "5p help me
Cod be inserted after the oath 40 section
1, 10 support Tire constitution Ot the United
States, etc
Warren said a. long as God WAS in the
constitution he slould be retained ia the
oath or Affirmation prescribed bJ tbe prop
OsitiOn.
Collins did not think that il would add
any dignity 10 the u4tE by putting God ia
IL. In fact he Thought It better To ieVe Il
out.
Middleton was IN favor of the oath. ESQ
help me God" l. had been IN use Tor 81
long and 50 many were accustomed u /,
that many would not believe they were TAX
ing an OATH with those words lett out. De
hoped the amendment would obtain.
Didn't Want Him In
Ramsdeli said this was a progressive age
and old things should be done away with
The gentleman who had just spoken had
admitted that one per cent OF the pOpula
tlon of Montana Was opposed t0 the torn
of the oath proposed. and II was for that
one per cent. that he stood. Tue amend
meut should not prevail
Burleigh spOkelu favor of LOud's amend
ment. lie was of tue opinion that 70 pei
cent Of the people Of Caster county would
not hold lis representatives, guiltless Il
they voted against H. The oath had be
come part and parcel of ghr common law
and II 10 was stricken cat hrre it wOulC
have 70 b. stricken out 0f Justice courts
He was IN tav0r OF The Amendment
The amendment was pnt and carried.
Goddard moved that section & be s'ric krr
out. "Ike i gtslatlve assembly shall n
act suitable laws 20 prevent the destTuc IuI
By hre from locomotives on railroads ol
from any other cause uf tae grasses aud
forests upon lands 81 the state OF upon
lands of The pubic domain. the CONTROL vi
which may De conferred by congress upon
this state and 20 otherwise project tie
same.
Courtney and Cooper spoke against strik
ing out tne section, c c'aiming that IL - as
not legislati 70, but simply directed the
legislature 90 an imDOE lau- subject
Robinson claimed tnaI iae section was
unnecessary, Tor NJ an Attempt was made
IN pOin' nlt all Necessary legislation, a.
would take a volume larger than Webster 5
unabridged dictionary.
GOddaTd's motion was put and lost.
Luce moved 10 amend section by insert
ing the word thereon" after The word
settlers which will make the section
read q" IN the disposition of the puplic
lands granted by the United States To this
state, preference shall always be given to
actual settlers thereon, aud the legislative
assembly shall provide BY law for carrying
this section into effect
Section 10. making IL ~ Offense for rail
roads 70 grant passes tn members OF the
legislature, state and county officers. was
read and Galloway offered an amendment
making IL the duty of the tirst legislative
assembly after the adoption of the cOnsti-
tuition TO pass A law 10 enforce the PROPOSE
tiOu.
Hartman moved 10 strike out section no.
Not Afraid OF Pass
Burleigh moved to amend Galloway 5
amendment by adding, ''Railroad eOmpan-
les shall have the right TO grant TO men,
oers OF the legislature, state and county
ofhcers free passes in spite OF fear OF favor.
Maglnnis seconded Burleigh's amend
ment He said that congress when con-
sideEing the interstate commerce law came
20 the conclusion that it would allow the
railroads TO do as they pleased.
Robinson spoke against the adoption Of
the amendment on the ground that rail-
road companies had too much power now.
Butnrd asked II the section wodid pro-
hlbit stock inspectors from travelling on
free passes and on being informed that il
would, said he was IN favor OF striking out
the section
Middleton made a speech against EN-
bOdyng anything OF the kind embraced in
section 10 in the constitution. he took the
ground that . man had the right to accept
pass from railroads. He had accepted
passes, and 10 insinuate he would violate
his oath for = or $40 ride was presum-
ing great deal. Robinson asked If tie
gentleman was not a railroad attorney, and
was informed by Mt. Middleton that be
was never an attorney for any railroad. as
he could make a living without their assist
ance. Galloway asked 10 he did not ride
from Miles City on a fTee pass Mr.. Mid
dleton promptly replied thar It was none of
his business. He was in favor of striking
out section 10 as IL was vicious legislation
Hershfeld thought the section was
necessary and should be retained.
Watson, as q member OF the commit
tee, claimed that the committee had care
fully considered the proposition and had
come 10 the conclusion that the people Of
the state demanded such a section in the
constitution.
Galloway had noticed the influence of
railroads upon legislatures. These corpO-
ratlOnS would allow legislatures to amuse
themselves until some question arose tnim-
ical 10 their interests, then they would step
In and haNe things To 20 as they desired
IL was We'll known fact that the rich are
growing richer and the poor poorer. Cor
PorAtions have a great deal 20 do with this
When IN the convention 1--WE years agO
every member connected IN any way with
railroads voted against this very PROPOSE
ton which was adopted By l4,O00 majority.
In throwing restrictions around CORPORA
ions the honesty of no man WAS impngned
There are two great railroad lines in this
state, and they will control the politics of
the state; they alWays have and always
will The amendment should prevail.
Burleigh said that If the gentleman
thought he had introduced his amendment
for the purpose CT making sport he WAS
mistaken. For any one 10 say that he was
q friend Of the railroads was proof that he
did not know his history. He had brought
more suits against the Northern Pacific
than any attorney in the territory. He
was In favor of striking out the amendment
Calleway's amendment was put ana lost.
Ayes, p; nays, 30
Haz.man moved 10 strike out sec. 10.
Want Passes For AL
Goddard offered a substitute in substance
that railroads shall furnish annual and