The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-10-21
NR. ROTW|TT'S OMISSION
institutional Provision in Regard
to Amendments Not Lom-
piled With.
The Section Requiring q Three
Months Publication Was
Overlooked.
While Others Are Not So Sure
Of That.

of That
II developed yesterday that Secretary
iotwitt made a serious omission concern
ng the amendment to DO submitted at the
lection Nov. San omission that in the
pinion Of a number Of lawyers makes 1T
seless to place upon the official ballots
he words ''for the constitutional amend
nent." or against the constitutional
amendment" Section 8 Of article 10 of the
constitution reads:
Amendments to this constitution may
be proposed in either house of the leRtsla-
i've assembly; and II the same shall be
oted for by two-thirds of the members
looted to each house, such proposed
mendments. together with the ayes and
rays of zach house thereon, shall be on
ered in full on their respective journals;
Ind the secretary of state shall causs the
aid amendment or amendments to be pub
iahed in full in at least one newspaper In
baoh county (f such there be) for
hree months previous to tho next
general election for members of the legis-
alive assembly; and at said election the
bald amendment or amendments shall be
Eubmitted to the qualified electors OF the
tate for their approval or rejection. Should
more amendments than one be submitted
1t the same election, they shall be SO pre-
pared, and distinguished by numbers or
otherwise that each can be voted on separ-
Rtely; provided, however, that not moro
han three amendments to this constitu-
hon shall be submitted at the same elec-
hon"
Secretary Rottwitt's attention was called
o that clause in the section providing for
he publication OF amendments to the con-
stitution in a paper in each county for three
months, and in reply to a query as to
whether it had been done. he said it had
not. Is was the first time his attention had
been called to that provision. and though
the secretary had compiled the book in
which the section appears he had not no.
ticed it. He said he WINS under the impress
sion amendments to the constitution should
be published for four weeks preceding an
election, but this had not been lone in all
the counties of the state either.
That the neglect to follow the direction
of the constitution is a serious one. and
possibly fraught with a great deal OF
future trouble there is no doubt. Local
attorneys, asked their opinion on the effect
of the neglect to follow the constitutions
Requirements, were almost unanimous in the
opinion that it nullitied the work OF the
legislature, and that as one very important
requirement of the constitution had been
violated, il was useless for the voters tic
vote on the amendments at all. Judge W
+. Cullen, without looking mp any authori-
A.-- khn AcHn raun that M hia viaw ms
did r. +. Walsh. The latter says that the
opinion in the case of Collier va. Feiesson,
ia the 24th Alabama, page 10S, is referred tt
with ar prevail in nearly every opinion since
it was written concerning the adoption OF
amendments to the constitution. In tina
case the court said: I'VE entertain NJ
doubt that to change the constitution III
any other mode han by a convention. every
%leouisition which ia demanded by the in
strument itself must be observed, and the
omission of any one ia fatal to the amend
lnent. We scarcely deem any afgumen
necessary to enforce this proposltlon.
Attorney General Haskell, on the other
hand, says the omission to publish the
amendment as required by the constitution
\ does not cut any figure in the case, holding
that the constitutional instruction is MOI
mandatory on the secretary. In reply &c
this question other attorneys refer to sec
ton 20. of article 3, Of the con.
bblbuUlOAs WbASb ASaeo'
sions of this constitution are manda'
tory and pr%ohibitory. unless by express
words they are declared to be otherwise
VIM. Wallace, Dr., looked up a number O.
authorities bearing on the question. anc
while he is not positive in his opinion, LIE II
inclined to think that the failure of Score
tarv Rotwitt to publish does not neces
sarily make work done by the legislature IL
relation to the amendment void, and III
believes the secretary should publish tn
amendment, as provided in the c%onstitu
ton and that it should be acted upon. II
said that if the section read: Shall b.
published for three months" and 1t hac
not been lone there would be nc question
of II neglect multiplying subsequent actor
by the voters. But the section saws: TN
secretary of state shall" ETC.. and he hold
that imposes q duty on the SEQ
rotary. but does not confer I
ROVER on him. The Wisconsin
constitutional provision is about the sam
as in Montana, save that it says shall b
ublished for three months" and require
two legislatures to act upon all amend
ments, one preceding the vote n one sue
ceeding the action Of the voter. But whel
we look at it in the way l have suggested.
said Mr.. Wallace. "a troublesome question
arises under article three of section twenty
nine of the constitution. which declares a.
the provisions of the constitution are man
datory or prohibitory, unless otherwise de
clared by express words. There il no doub
but it was the intention of the ftamers Q
the constitution that the people shout
nave every opportunity to read and under
stand the scope Of every proposed amend
ment to the constitution. when they pro
vided for this tn ee months publication
But think for a moment of the W a sec
retary of state would have in case his fail
ure to publish such notice for three month
should serve to vitiate any action III the
regard by the legislature. Such an office
would have it absolutely in his power t
kill any amendment that might come u
du ing his term of office, by simply failin
to publish the amendment the specific
time. No mandamus proceedings woul
touch him. because they would not lie unit
the expi' alton of the first day of the begin
ming of the required time. and you coul
not go back and make up the day lost
There are a number of very intercstin
questions opened ny by this omission of th
secretary of state and some very delioat
ones"
Leave orders for Zimmerman. the piano tune
at the Helena Jewelry Co.
Tho Bee Hive is now located in new qr arte,