The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-10-28
TWO QUESTIONS IN coNsTITu.
TloNAL AMENDMENT.
COUNTY CLERKS ADVISED
Attorney General Advises Form Of
Voting So AS To Remove
All Doubt.

In the opinion of the attorney gen.
eral Of the state if submitted as pro.
vided for in the act of the legislature
the proposed constitutional amend
ment is likely to be declared by the
courts as having been Improperly car
ried, even if adopted by the people
To prevent this he has addressed a
letter to the different county clerks
advising them as to the proper man.
ner for placing the amendments,
there are really two, upon. the official
ballot.
| AS passed by the legislature and as
certified down to the county clerks
by the secretary of state, the bill con-
tains two amendments, notwithstand
ing that in the section providing the
to the electorate it is merely directed
that the voting shall be for or against
| ''the amendment to the constitution
relating to the rights OF labor" After
studying the subject the attorney gen.
eral has arrived at the conclusion
| that the two questions should be voted
upon separately, SO that there may be
| no room for doubt as to the legality
of the amendment if carried
Present Form Improper.
In his letter Mr.. Donovan says:
| In examining the constitutional
amendment to be submitted to the
| electors of Montana at the coming
election, I have discovered that in it's
present form it cannot be submitted
| without subjecting it to the hazard OF
being declared by the court improp-
erly adopted and of becoming OF no
force and effect. therefore call your
attention to the fact that there are
two subjects of amendment to the
constitution. One is to prohibit the en-
| ployment of children under the age
of 16 years in underground mines, the
other to declare eight hours days
work in certain lines OF employment.
These are two separate and distinct
subjects, and, under the decisions Of
the several courts of the union, should
be submitted as two separate and dis
tinct amendments, rather than as one
single amendment.
Two Separate Subjects.
There is, however, another matter
contained in section 5, which provides
that the legislature shall by appropri-
ate legislation provide for the enforce
ment of the provisions OF this article.
This the legislature mas done, without
any special submission to the people.
The two questions are the prohibition
of the employment of children under
16 years of age in underground mines,
and the eight hour proposition. TO
have these properly submitted to the
electors so that they may be acted
upon in way that will be approved
by the court, it the amendments are
ever attacked, they must conform to
section 9 of article XIX of the consti-
tuition. AS these two propositions
cover separate subjects they cannot
be construed as one amendment.
therefore suggest to you that, in order
to have these matters properly on the
ballot, there be printed upon the bal
lot the following:
Proper Form Set Forth.
can act providing for the SUBMIT
ing to the qualified electors OF the
state of Montana, for their approval
or rejection, amendments to Article
IL of the constitution of the state OF
Montana, by adding thereto the follow
ing:
81. Prohibiting the employment OF
children under the age OF 16 years in
underground mines.
"2. Making period of eight hours
| a days labor on public works, in
mills, smelters and underground
mines.
Amendment No. I.
'It shall be unlawful to employ
children under the age of 16 years Of
age in undereround mines.