Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-02-19
RQf1ki11'sSpy
Bill Flayed
But Passes.
State Senate
Gives Attorney General
Power to Name Special
Agents at His Own
Discretion, Unlimited.
Staff Correspondence,

Staff Correspondence.
|. Helena, Feb. 13.--Although recon-
sideration is expected Saturday, the
senate Friday afternoon put substi-
tute for H. B. 75 through committee
of the whole and passed the mea-
sure on third reading by vote of
36 to IA despite the fact that it
was branded in debate as granting
the attorney general more sweeping
powers than ever before given a state
official of Montana. The bill permits
him to appoint special agents" as he
may deem fit for investigation of all
violations of the laws. The senate
spared for time in an effort to de-
lay action and also tried fillibuster,
neither Of which worked in heading off
the measure from final passage.
Senator Stewart of Deer Lodge county
was the leader in assaulting the bill and
he proved to be difficult and hard
hitting opponent and gave many OF the
older senator's long tussle before he
was beaten.
The measure goes back to the house
for concurrence in one senate amend
ment offered by Senator Stewart, that
preventing the agents from making ar
rests on suspicion.
States His Objections.
Stewart in explaining his reasons
for voting on third reading, said there
was no limit on the number Of agents
to be appointed, no limit on their
salaries, no limit on the deficiency that
could be piled up, no limit save the
attorney general on the activities Of
the agents of other persons. He de-
clared that no oath was required OF
the other persons. the attorney general
can appoint, there is no limit to juris-
diction, and that the fund created by
the bill robs the school funds of the
counties. He said no court could up
hold the constitutionality of the act.
Only One Amendment.
All other amendments but Stewart s
were voted down. Kirton offered oae
to limit the payment of special agents
to the fund created by the act. Church
offered several, one to place the special
agents under bond, and another to pro-
vide that they should hold office not
only at the pleasure of the attorney
general, but also of the state board OF
examiners. They were all voted down
Senator Anderson of Richland county
made the chief talk for the bill. Dur
ing the course of the debate Burlin-
game Of Cascade county, scathingly at
tackled the Anti Saloon League for un-
fairness in their position. He said that
for l. years N the legislative assembly
he had consistently voted for the sup
because he voted two years age
against the state sheriff bill, when be
was candidate for presidential elect
or he was branded: u. NJ. Burlingame.
legislative record wet" He added he
was in favor of the bill if amendments
were adopted to check the unlimited
power conferred by the measure as ii
came over from the house.
Places His Own Limit.
He said the only limit on expense is
the Judgment of the attorney general
and the fanatical judgment of those
who would be after him, day and
night" Anderson pointed out Wyoming
has appropriated $4,000 for t,e en-
forcement of the liquor laws.
Branding the bill as one for "snoaps
and spies" Stewart said he was willing
to stand or fall before his own people
on his attitude upon the bill He said
it gave the attorney general powers not
permitted by the constitution. that it
turned loose on the people Of Montana
agents and other persons who were not
bonded, some who took no oath Of Of
flee, and who could haul persons from
remote parts of the state to Helena
for examination as witnesses, and who
were amenable to no control
Finds aSmoothes+' I ohhv
He observed this was his first SEES
sion in the legislature and that he had
heard considerable about smooth lob
bies. He said that of oil the lobbies he
had ever heard, the lobby behind the
bill was the smoothest and the slick
est. and It is headed by the attorney
general he declared. He added he
would support a resolution or a bill, to
prohibit state officers from coming
upon the floor and telling members
how to vote.
After being amended by Burlingame
requiring 80 days notice to be gwen to
the neafest relative or guardian Of an
imbecile. II. b. 155 by Rhoads. for the
sterilization Of idiots was killed on mo-
ton OF Slattery. 20 to 16.
An effort to revive the bill was made
ny Larson when 1t came to the adep-
ton OF the committee report. but 1t
failed. Slattery read several court de-
cisions on similar laws, holding them
unconstitutional.
/. Stewart Of Deer Lodge county. Gall
way Of Silver Bow county and Paul OF
Powell county, led the attack on s. Il.
2o2, by Lewis. abol;shing the offices Of
state parole commissioner, and the bill
was killed.
Puts Ankle Curtain