The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1923-09-27
WHAT MAY The SUPREME COURT DO
in THE TAX COMMISSION CASE?!
M. r. Wilson, in tie Bozeman Courie

Just now the people of Montana
are deeply concerned as to whethe,
or not their earnest, bona fide efforts
to amend their constitution so that
they might haze a tax commission
shall be fruitIe;s.
This is not matter of partisan
politics; and it should not be SO view
ed and discussed. iIt is a matter di-
rectly affecting the entire people.
Nor did they act therein on some
sudden and Transient impulse. Dur
ing several years the matter was
thoroughly considered, discussed
from the public rostrum, among the
people, and argued pro and con in
the press of the state as a live, i'm
portant issue; a legislature was elect
ed on this and other issues, who had
a mandate from the people, among
other things, to propose the neces-
sary amendment to the constitution
hat this question might be submitted
to a vote of the people; the people
in entire good faith did their part
and it was presumed that their serv-
ats in the legislature would do their
duty, and prepare the necessary
amendment in proper from. The
necessary amendment was proposed.
duly promulgated, thoroughly and
exhaustively discussed for almost
two years; and the people relying
upon the presumption that their leg
i~slators would do. and had done
their duty, adopted said amendment
by a large and unquestioned major
ity.
1t is now suggested that the peo-
ple's earnest efforts for months and
years may count for naught on this
much-mooted question, because of
the two small words I'm FULL that
appear in the constitution.
1t is true that the constitution is
the fundamental law of this State.
But it is also true that the constitu-
ton is but the creature of the people
and was framed and adopted by them
to protect and serve them; and it is
beyond ocavil that the people have
the right not only to amend their
constitution, but they can, if they
deem it necessary, wise and expedi-
ent, do away with the entire consti-
tuition and frame and adopt another
in its stead.
In the present instance the people
have not only acted throughout in
entire good faith, but they have done
everything incumbent upon them to
to make an important but compare
lively small change in their consti-
tuition. They are not at fault In any
particular herein. Shall their duly
expressed wish in this matter be
thwarted because in the hurly-burly
of the legislature inadvertently the
words I'm FULL" were not noted
and complied with-an inadvertence
that was not noticed by any during
months and years of heated discus
sior
There are three sections of the
constitution to consider in this con-
nection:
l.. (Sec. "a of Art. W No bill
shall become a law except by a vote
of a majority of all the members
present in each house, nor unless on
its final passage the vote be taken
by ayes and noes, and the names of
those voting be entered in the jour-
nal"
1t should be noted that there is a
penalty for not complying with this
provision of the constitution-THE
BILL SHALL NOT BECOME A
II. (Sec. 27 of Art. W "The
presiding officer of each house shall,
in the presence of the house over
which he presides, sign all bills and ]
Joint resolutions and bills passed by
the legislative assembly Immediately )
after their titles have been publicly {
read, and the fact of signing shall !
at once be entered upon the journal" t
1T should be noted that there is
no penalty attached for not making t
this entry in the journals. Such an
omission will not %invalidate a law v
hat has been regularly passed, sign i
ed by the presiding officer, and ap- r
proved by the governor. O
III. (Sec. 9 of Art. XIX amend n
n6nCS TO CnlS COISIlCuIlOH may NC ~
proposed in either house of the legis- a
alive assembly, and if the same be
for by two-thirds of the mem o
,ers elected to each house, such pro- {
POSED amendments, together with the h
yes and nays of each house thereon, tt
hall be entered IN FULL on their d
'espective journals. j.
Again it should be noted that there tt
$ mo penalty provided for a failure b
o make such entries. The constitu- b.
ion does not provide that the amend fl
nents shall fail, if such entries anr Of
lot made in the respective journals. m
In the case of State v. Long, FL M
font. &c, the Supreme Court says: te
1.-THE journal omitted to show the m
act that the bill in question was G.
igned by the presiding officer of the al
ouse. The enrolled bill bears the tn
;ona+ure of srrh presiding officers, Je