Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1900-09-19
CONSTITUTIONAL ANESOMtNTS.
Explanation Of the Proposed Changes to
Be Voted on Next Election.

Considerable misrepresentation APP
pears to exist all over Montana in
regard To the status OF the ~constitu-
tional amendment relating to the
4 Ipreme court. 4 Jew days ago n
Helena paper published n statement
to the effect that members of the
Helena Bar association Were franz
ing II bill which will be introduced at
the next meeting uf the legislature
looking to the submission OF Il con-
stitutional amendment at the general
election In 1902 for NJ increase in the
membership of the supreme court
from three to five members.
The facts are that as the constitu-
ton now stands the legislative as
sembly IL empowered to increase the
membership OF the court from three
to five.
There Is another fact, as to which
there seems to be general ignorance,
and that Is that this year there will
be submitted to the voters an amend
ment to the constitution relating to
the supreme court, the object Of the
amendment being TO allow a district
Judge to sit on the supreme bench
where the justice is disqualified. This
amendment has once been submitted
To the people, voted upon and Ear
ried, but 1t was declared imperative
owing To an error made by the clerk
OF the house OF representatives.
The history OF the constitutional
amendment the people will be called
to vote upon this year is rather an
interesting n Shortly after the
state was admitted into the Union
and n full state government was put
into operation, the members Of the
bar found that il would be more sat
isfactory to the court and the law
yers If there was IA provision In the
constitution which would allow a
district Judge to sit on the supreme
bench in the hearing Of cases where
a supreme justice was disqualified.
This disqualification arises from the
fact that before his elevation to the
bench, a justice Of the supreme court
may have been engaged as counsel In
the lower court in n suit which Is ap-
pealed to the higher tribunal. In
1896 the members of the bar associa-
ton agreed upon a bill which cover
ed the ground, and Albert |. Loeb,
the present assistant attorney gen.
eral, who was a member OF the Fifth
legislative assembly, introduced the
bill. 1t provided for the submission
to the people of an amendment to
the constitution covering the ground
referred to. 1t did not in any way
change the membership OF the SUI
preme court, but was designed to
meet an emergency.
The section of the constitution
referring to the membership OF the
supreme court, il contained in article
VIII, section ) OF that instrument
and reads rs folio WIS:
1.-The supreme court shall consist OF
three justices, a majority of whom
shall be necessary to form II quorum
or pronounce n decision, but one or
more OF the said justices may ad-
journ the court from day to day, or
to n day certain, and the legislative
assembly shall have the power to in
crease the number Of such justices to
not less nor more than five."
The bill introduced by Mr.. Loeb
provided in the first section for the
submission Of the amendment to the
people. The second section made
the article Of the constitution above
quoted read rs follows:
1.-The supreme court shall consist
OF three justices, IA majority OF whom
shall be necessary to form n quorum
or pronounce n decision, but one or
more OF said justices may adjourn
the court from day to day or to a
day certain and the legislative as.
sembly shall have the power to in.
crease the number of said justices to
not less nor more than five. In case
any justice or justices OF the supreme
court shall be in any way disquali.
fled to sit in n case brought before
such court, the justice or justices
shall have power to call on one Oh
more district judges OF this state as
In the particular case may be neces.
sary to constitute the full number oI
justices OF which the said court shall
be composed, to sit with them on
the hearing OF said cause In al
cases where the district judge Ia in
vlted to sit and does sit, as by this
section provided, the decision and
opinion of such district judge shall
have the same force and effect In any
cause heard before the court as Il
regularly participated in by a justice
OF the supreme court"
lt Will be seen that the amendment
did not In any way change the orig.