The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1914-07-09

were circulated and sufficient sigma
lures obtained for reference of the
measure at the election this fall.
Paragraph II of the application for
the injunction sets forth "That the
cues ii on involved in this cause is one
of a com mon and general interest in
which the pu bile at large is greatly
concerned, and it is highly to be de-
sired that the question of the consti-
tutionality of the initiative and refer
endum law shall be settled and deter
people of the state.'
Besides setting forth that Mr.. Hay
is resident and taxpayer of Mon
tana, Mr.. Mcconnell alleges that if
the proposed initiative and referen-
dunn measures are submitted this fall,
it will cost the state upwards of $780,
600, and that the REALTORS property in
this county will be assessed with 9th
er prope rty to raise revenue to pay
| the election expenses. 1t is further
set forth that MI. Hay is pecuniarily
interested Il the determination Of the
question because he is the sole owner
of the Capital City Athletic club, in
which he ha S invested hundreds of
dollars in the belief that the
kiley boxing law was valid and
stable. If. the said measure is sub
lnitted to vote Of the people" the
application states, "and the vote is
against said measure, the business of
relator will be wholly destroyed and
lost''
The initiative and referendum is at
tackled on two grounds: first, that
more than one amendment was sub
mitted at the same election, land the
same were not so prepared OF dlstln-
guished by numbers or otherwise that
each could be voted upon separately,
and the same were not voted upon
separately but were voted upon as if
there was only one amendment, when
in fact there were two amendments.
That the manner of the submission
of said amendments and the form of
ballot required to be used, did not
give the electors so voting upon the
same an opportunity to express their
will or cast their vote for or against
"direct legislation" as distinguished
and sepaTa te from their vote for or
81 of lnu,c,
, The second grounds are that the
amendments were not published in
full in at least one newspaper in each
county of the state for three months
previous to the next general election
t for members Of the legislative assem-
bly,, which was held on the sixth day
7 of November, 1906. Here are the
counties in which it is alleged the
law was not complied with: Gallatin,
Cascade, Missoula, Deer Lodge, Park,
e Fergus, Beaverhead, Yellowstone,
: Lewis and Clark and Silver Bow.
$ The alleged failure to comply with
the provisions of the law is ascribed,
not to the newspapers, but to the Sec
retary of state, the late A. n. Yoder,
i. who contracted with the various news
papers 'to publish the said notice in
the above-named newspapers once a
> week for l3 consecutive weeks. OF
this agreement, Mr.. Mcconnell says:
"That in and by the terms of said
, written agreement the several papers
9 i'll the different counties We're only re.
; quired TO print the notice of election
E as to the constitutional amendments
once a week for 13 consecutive weeks:
the first publication Of which said no
;, tice was to be not later than July 80
1906, so that the various papers in the
, different counties in the state We're
;, only required by the terms OF said
agreement to publish the said notice
;, election i days, and only required tC
publish said notice once a week
: though several OF the papers SO CON
), tracted with were daily papers and
published seven issues per week, al
;, of which was in violation and deroga-
4 tion and in disregard OF article XIX
section of the Constitution of Mont.
a ana, relating to amendments to the
!, constitution, which required said pub
lication to be published for three
;, months previous to the general elec
!, tion.
, In connection with the publication
of the notice in Deer Lodge county il
Anaconda Standard, it is further
charged that the weekly publication
was made only on Sundays, non-judi
cial days, and therefore could not b,
recognized at all. However, Octobe
81, 1906 the Standard began runnin:
the notice daily and continued unit
g election day, and these 16 days are TIN
only ones, it is claimed, that can b.