The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1889-07-27
THE CONVEX ION.
Synopsis OF Proceedings of the COnstitu-
ton Makers of Montana

THE CONVEX
Synopsis OF Proceedings of the Constitu
tiOn Makers of Montana.
THuRsDAY.July Is. Convention callet
to order at 9 a. m. Richards, chairman
!; of committee on education, reported
proposition providing for the establish
ment and maintenance by the legislature
of general, uniform and thorough free
system of schools. By Brown of Cho
teau, resolution in relation to provi
sion for election: That the committee
on Judiciary of this convention be in,
structed to consider and report whether
the enabling act of congress provides fol
a general election to be held before the
admission to fill all the offices, both state
and county, created by the constitution
Convention then on motion of Galloway
resolved itself into committee of the
whole for the consideration of the reso-
lutions and propositions on the general
file. Galloway of Madison was then APP
pointed as chairman The preamble as
amended by chairman of the committee
was adopted. It reads as follows: I'VE,
the people of Montana, grateful to
Almighty God for the blessings of lib
erty, in order to secure the advantages
of state government, do, in accordance
with the provisions of the enabling act
of congress, approved the 22nd day of
February, A. D. $780, ordain and, estab-
lish this constitution" The balance of
the session in committee Of the whole
was devoted to a consideration of the
grand jury system, and resulted in the
retention of the system, although in a
somewhat modified form.
! FRIDAY, July 10. Convention called
to order at 10 a. m. Myers, from com
mittee on state institutions. reported
communication with recommendation
that it be inserted in constitution. Toole,
chairman of committee on legislative
departments, reported. Parberry, chair
man of committee on irrigation, to whom
was referred proposition No. 8, reported
and the proposition was referred to gen
eral orders He also reported favorably
on the communication of Maginnis re-
lating to granting of arid lands in Mon
tana for the purpose of maintaining
storage reservoirs and recommended that
congress be memoriallzed. On motion
of the gentleman of Missoula the report
was referred back to the committee with
instructions to draw up memorial.
Conrad, of the printing committee, re-
ported resolution No. g. propositions 10,
IL, Il, 13 and IA correctly printed. Bur
leigh introduced the following resolu-
ton:
WHEREAS, Since the organization of the terri
tory of Montana the counties thereof have borne
the expense of the administration of justice and
of government and from their resources have
provided for the same and aided in the develop
ment and progress of the territory; and
HAY a 1rppIn ind 6nkt
edness, which is now burdensome and will be-
come with the additional tax necessary to be
collected for the support of Il state government;
Resolved, That it is the sense of this conven-
tion that the state assume all county Indebtedness
as it existed on July 1, 1889, unless the value of
the public improvements in such county, such
value to be ascertannd by the actual cost of sach
Improvement as shown by the records and ac
counts of said counties, and that the committee
on public debt and finance be instructed to re,ort
the necessary constitutional provision to carry
out this resolution
Luce offered the following resolution
relating to irrigation.
The water of every natural stream not hereto
fore appropriated within the state of Montana is
hereby declared to be the property of the public,
and the is hereby dedicated to the use of the
people OF the state, subject to appropriation
hereinafter provided The right to uivert the lln-
appropriated waters of any natuaal stream to
beneficial uses shall never be denied. Priority OF
appropriation shall give the better right be-
tween lnOSt using Ille wafer. All persons ana
corporations shall have the right-of-way across
any lands in the state for the construction of
bitches, canals and fumes for the purpose of
conveying water for domestic purposes, for the
irrigation of agricultural lands, and for mining
and manufacturing purposes, and for drainage,
upon payment of just compensation. The le-is-
lative assembly shall provide by law that the
board OF county commissioners in their resEec-
tive counties shall have the power to, when ap-
piication is made to them by either patty inter
ested, to establish reasonable maximum rates to
be charged for the of water, whether fur
nished by individuals or corporations.
Convention went into committee of
the whole, with Galloway in the chair.
for consideration of general file. Field
introduced amendment, which was read
and seconded, relating to armed persons
being brought into the state to preserve
the peace. Luce introduced amendment
to cover both Fields and Toole's amend
ment, as follows: No armed person or
persons or armed body of men shall be
brought into this state for the preserva-
ton of the peace or the suppression of
domestic violence except upon the ap-
plication Of the legislative assembly, or
the executive when the legislative as
sembly cannot be convened. Adopted.
On motion Of Joy committee arose and
convention took a recess until 2 o'clock.
SATURDAY, July 2O.-Convention met
at 10 a. m. Eaton of Park. by request,
presented petition and letter from one
Chadwick of New York, suggesting that
the name of the state be Jefferson in
stead of Montana. The petitioner was
convinced it his suggestion was carried
out it would rebound to the glory of the
convention majority and assure the as
IF tho tho ~ f<,
Warren, with sense of the Importance
of the proposition, moved it's transmits
sion to the Benton River Press for print
ing Bickford moved as an amendment
that it be sent to the Ritter Root Bugle
for publication in plea type. Toole u.
K} favored the reading of the communi-
cation in full. Burleigh motioned it be
laid upon the table, objecting to the
reading of private papers in the conven-
ton. The motion to reconsider the vote
bv which the communication should be
read in full was lost. The letter was
partially read when Collins moved that
it be referred to the committee on
boundaries Burleigh moved that it be
referred to the superintendent of the
insane asylum. Collins motion pre-
vailed. Breen, chairman of the commit
tee on labor, submitted report. A recess
of ten minutes was, then taken to enable
the convention to pay respects to Judge
Cooley, chairman of the interstate com
merce commission, who was in the lobby.
After recess Galloway, chairman of the
committee of the whole, having in
charge proposition l, relating to pream-
bic, made a report, On motion of Col
Inns it was received and adopted, and on
motion of Toole placed upon final pas
sage. The convention adjourned until
p. m. Monday.
TUESDAY, July o. Convention met at
10 a. IN. A message was received and
read from the American Sabbath union,
New York, asking that the convention
pass resolution encouraging an observ
ance of the Sabbath. Laid on the table.
Hershfeld, chairman of the committee
on miscellaneous subjects, to whom was
referred proposition 16, relating to gam
bling, reported the. same back, having
resolved that it was for the legislative
power to act upon, and recommed it do
not pass; also resolution 10, relating to
free passes, was reported back, having
introduced substitute for the same
which will he ;ntrOduced at some future