Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-01-08
GOV. T00LE'S MESSAGE
TO THE LEGISLATURE
COVERS THE PROGRESS OF THE STATE DURING THE PAST YEARS
RECOMMENDS NEEDED LEGISLATION IN MANY LINES
DIRECT VOTE FOR SENATOR.

| semmly methods which, whether exag-
| gerated or not, have brought many of
the states of the union into unenviable
notoriety.
The arguments which have been
| urged against allowing the people to
elect their senators might be urged with
| the same force against allowing them to
elect their members of congress All
such arguments are founded not upon
| convenience or economy. not upon the
necessity or delegating power, but upon
the assumption that the people are ig-
norant or tickle. if not corrupt. an as
sumption difficult to prove. perhaps, to
| the satisfaction of the people themselves
! But if the assumption We're true. how do
We remedy the difficulty by permitting
them to do through another. what We
forbid them to do by themselves?
'Manifestly the truth is. If the people
are fit. to delegate power they are fit to
exercise power. 1t does not meet the ar
gument to say that we are sure that the
legislative assembly would always be
composed of men of intlexible integrity,
of the most disinterested patriotism, of
! the most varied intelligence and pro-
fcundest wisdom, such as some of legis-
| lative assemblies have been.
| If all these conditions existed, the OBJ
| jections to the present system would be
equally strong. 1t is the system which
/ is objectionable: system which at
tempts to mingle and fuse together the
disagreeing elements of democracy
! and a monarchy.
1T is we'll known. too. that whenever
| a senator is to be elected all legislation
| is usually deferred and generally subor-
| dinated to such election. resulting not in
| frequently in the failure of important
i measures and the hasty consideration Of
| others. But in addition to these objec-
tons, fractional vrulence and partisan
| prejudice often combine to bring about
deadlocks which operate to deprive the
| state of its just representation in the
| councils of the nation. a condition from
which we have suffered and which could
not exist if senators We're elected by a
| direct vote of the people.
Il recommnd that suitable and proper
action be taken to give Legislative ex-
preston upon this question.
HOUSE BILL NO. 1872.
The merits of what is commonly
known as House Bill No. 1872 have been
generally discussed by the press of the
state and its main objects severely crit
icised 1t received just excoria ton at
the hands of my immediate predecessor
in office in his veto message, but in spite
| of all opposition it became a law of the
! state. i have no hesitancy in saying
that it deserves legislative condemna-
| ton. All laws should be inherently just,
and no mere question of Inconvenience or
proba bic delay should be allowed to over
| come this Indispensable condition. 1t is
maintained With great force that it faci-
he ri n1, of
trusts by the swift and arbitrary DISPOSE
ton of the minortys holding wherever
such minority refuses to yield to any pro-
position made by the majority. no matter
how unjust it may be or how inadequate
the price: that as to corpora tons in eX-
istence at the time of it's passage, it
| creates and enforces conditions not con-
templated at the time of becoming stock
holders and naturally deters corporate
ventures at the expense of being COM
PEELED to make such terms as a majority
| propose or submit to practical confisca-
| ton of their holdings.
| Corpora tions in their legitimate
| sphere ought to be encouraged and pro-
tected. They secure an aggregation of
| large capital and make investments in
enterprises often beyond the ability of
individual effort, and opportunities for
safe investments in such should be af-
forded the public as far as the same can
be done by seeing to it that our legisla-
ton furnishes ample and equal protection
to every stockhOlder, no matter how
small his interest may be.
1T has been said SO often that the law
should always aim at equal rights, that
it would not bear repetition but for the
Importance of its being always observed.
IF a partnership is dissolved each
partner participates in the assets of the
firm according to his holdings and he is
not compelled to sacrifice his interests
! by separate sale of it. If such was the
case its value would be greatly depre-
ciated, as few if any purchasers could
be found who would be willing to step
into the shoes of one in antagonism to a
majority of the partners. 1t is not per-
ceived why the same rule should not OBJ
tain in corporate affairs.
+" 1t is believed that this pernicious
! element permeates the law and affords
opportunities under the guise of protec-
ton to minority stockholders for the eX-
ercise of that odious power commonly
known as the freezing out" or "squeez-
ing process.
''If all these objectionable features are
eliminated there will be nothing left of
the law to subserve any useful purpose.
l therefore recommend its repeal.
TRUSTS AND MONOPOLIES.
THE trainers of our constitution knew
that monopolies We're as old as human
greed, and that unless restrained, the
people of this state would sooner or lat er
fall prey to their avarice and rapacity.
They accordingly declared in strong
terms against combinations and what
are commonly known as TRUSTS" and
made it mandatory upon the Legislature
to pass laws for the Enforcement of a
constitutional inhibition.
In obedience TO this reouirement a