Daily Yellowstone journal., 1889-09-25

>cribcd by law. upon refusal to deliver nj
his estate for the benefit of his creditors
or in cases of tort. where there is stron;
presumption of fraud.
SEC. IL The right Of any person Z,
keep or bear arms in defense of his owl
home, person and property, or in aid of tn,
civil power when thereto legally sum
moucd shall not he called in question, bu
nothing herein contained shall be held Il
permit the CARRYING of concealed weapons
SEC. u. Private property shall not be
taken OF damaged for public use without
just compensation having been first made
to OF paid into court for the owner.
See. ~ The use of all water o
Appropriated, or that NAV hereafter be
appropriated for sale, rental, distribution
or other beneficial use. and the right OF
way over the lands of others for all bitches
drains, fumes, canals, and acqneducts,
necessarily used in connection herewith,
rs well as the sites for reservoirs necessary
for collecting and storing the same, shall
be held To be 4 public use. Private roads
NAV be opened in the manner to be pre-
scribed by law, but in every case the neces-
sitv of the road and the amount of all dam
age 20 be sustained by the opening thereof,
shall be first determined by a jury, and
such amount together with the expenses
of the proceeding shall be paid by the
person TO benefited.
SEC. 10. In all criminal prosecutions
the accused shall have the right TO appear
and defend in person and by counsel; to
demand the nature and cause of the accu-
sation; to meet the Witnesses against him
face to face; TO have process to compel
the attendance of witnesses ia his behalf,
and a speedy public trial by an impartial
jury Of the county or district in which the
offense Is alleged to have been committed,
subject to the right of the State to have a
change of venue for an of the causes for
which the defendant NAV obtain the same.
SEC. n. No person shall be imprisoned
for the purpose of securing his testimony
in any criminal proceeding longer than
NAV be necessary in order to take his
deposition. IL he can give security for
his appearance at the time of trial he shall
be discharged upon giving the same; If he
cannot give security his deposition shall
be aiken in the manner prescribed by law,
and in the presence of the accused and his
counsel, or without their presence, il they
shall fail to attend the examination after
reasonable notice of the time and place
thereof. Any deposition authorized by
this section may be received as evidence
on the trial, if the witness shall be dead or
absent from the State.
cE1s TO- w pSANth NAAAAA ~ NchAHNAASA
to testify against himself, in a criminal
proceeding, nor shall any person be twice
put in jeopardy for the same offense-
SEC. 10. All persons shall be bailable
by sufficient, sureties, except for capital of
lenses when the proof IS evident or the
presumption great.
SEC. 20. Excessive bail shall not be re-
ouired. or excessive ines imposed, or cruel
and unusual punishments inflicted.
SEC. IL. The privilege of the writ of
habeas corpus shall never be suspended,
unless, in case of rebellion, or invasion,
the public safety require IL
SEC. -. The military shall always be
in strict subordination to the civil power;
no soldier shall, in time of peace, be
CHARTERED in any house without the con
sent of the owner, nor in time of war. ex-
cept in the manner prescribed by law.
SEC. q. The right of trial by jury shall
be secured to all, and remain ~inviolate, but
in all civil cases and IN all criminal cases
not amounting to felony, upon default of
appearance OF BY consent of the parties
expressed in such manner as the law may
prescribe, a trial by jury nav be waived,
or a trial had by any less number of jurors
than the number provided by law. "A
jury in a Justices court, both in civil cases
and in cases of criminal misdemanor shall
CONSIST oL not ulDTC AIlsll NAA RNAcoNs- III
all civil actions and in all criminal cases
not amounting TO felony, two-thirds in
number of the jury may render a verdict,
and such verdict 5 o rendered shall have
the same force and effect as il all of such
jury concurred therein.
SEC. "A. Laws for the punishment of
crime shall be founded on the principles
of reformation and prevention, but this
shall not affect the power of the LeEisla-
tive Assembly to provide for Furnishing Of
lenses by death
SEC. az. Aliens and denizens shall
have the same right as citizens To acquire,
purchase, possess, enjoy, convey, transmit
and inherit mines and mining property,
and milling, reduction, concentrating and
other works. and real property necessary
for or connected with the business of
Mining and treating ores and minerals;
Pr0-idrd, That nothing herein contained
shall be construed to infringe upon the
authority of the United States to provide
for the sale OF disposition of its mineral
and other public lands.
SEC. 20. The people shall have the
right perceably to assemble for n com
mon good, and TO apply % those invested
with the powers of government for re-
dress of grievances by petition or remon-
STRANGE
SIC. y. No person shall be deprived
of life, liberty or property without due
process of law.
SEC. IS. There shall never be in this
State either slavery or involuntary servi-
tude. except as a punishment for crime,
whereof the party shall have been duly
convicted.
SEC. 20. The provisions of this Consti-
tuition are ~mlndatory and Prohibitory, I'M
less BY express words they are declared to
be otherwise.
SEC. 20. The enumeration in this o n
stitution of certain rights, shall not be con-
strued to deny, impair, or disparage others
retained by the people
, SEC. AZ. No armed person or persons,
or armed body of men shall be brought in
to his State for the preservation of the
peace or the suppression of domestic vio-
ience, except upon the application of the
legislative Assembly or of the Governor
when the Legislative Assembly cannot be
convened.
ARTICLE ".
DISTRIBUTION OF POWERS
The powers of the government of this
State are divided into three distinct de-
partments: The legislative, executive and
judicial, and no person or collection OF
persons charged with the exercise OF
powers properly belonging TO one of these
departments hall exercise any powers
| properly belonging to either OF the others
except as in this Constitution expressly
directed or permitted.
ARTICLE V.
LEGISLATIVE DEPARTMENT.
SECTION L. The Legislative power shall
be vested in a senate and house of repre-
sentatives, which hall be designated "Ths
Legislative Assembly of the State O
Montana"
SEC. =. Senators shall be elected fol
the term of four years, and representative
for the term of two years, except as other
wise provided in this constitution.
SEC. 3 No person shall be a repre-
sentative who shall not have attained tn