Montana labor news., 1935-08-01
THE STATE HIGHWAY PATROL

THE STATE HIGHWAY PATROL
Since the year 1905 organized labor
in Montana has been opposing the en-
actment of laws to create a state con
stabulary, state sheriff and a state high
way partol supervised by a state COM
mission, for the reason that they would
be used against labor during labor dis
|putes- In other states the abuses Of
the state patrol and constabulary dur
ing strikes is an outstanding fact. Be-
sides these state organizations give the
governor too much power which is used
to build up a political machine. This
has been done elsewhere.
Organized labor favors a highway
code being enacted to regulate traffic
on the highways, the highway law to
be enforced by the regular peace Of
ficers and not by a commission or con-
stabulary appointed by a governor who
may be a glutton for power or who
aspires 10 build up a machine to per-
'petuate himself in office, or who may
be tainted with the desire of punish
ing someone for less majestic.
A number OF bills for a state high
way patrol were introduced during the
last session of the legislature, the one
favored by Governor Cooney being de-
clared the law. This bill placed the
administration Of the law in the hands
of the state highway commission.
The advocates of the patrol law
claimed that there must be a special
law to enforce law and order on the
highways, that the sheriffs and county
attorneys were not enforcing the laws
OF the state. However, note how the
legislators violated the constitution and
laws OF the state in enacting the pat
rol law, and how the patrol commission
acted unlawfully since the act was ap-
proved by the governor:
The rules of the legislature provide
that all bills originating in one house
of the legislature and amended by the
other chamber must be returned to the
house in which the bill originated by
midnight Of the fifty-eighth legislative
day for concurrence in the amendment.
The patrol bill originated in the sem
ate and passed that body and was kill
ed in the house on the fifty-eighth day
and sent back to the senate. On the
fifty-ninth day the house voted to ask
the senate to return the bill to the
house. The senate granted the request
OF the house. The bill remained in the
house until midnight Of the sixtieth day
without action being taken on it.
The constitution OF the state fixes
the life OF a legislative session at not
to exceed sixty days.
The constitution says that what is in
the constitution means what it says un-
less otherwise so stated.
The legislature has enacted a law
defining a day to mean from midnight
of one day to the midnight of the next
day.
The state patrol law was not passed
until after the constitutional time Of
the legislature had expired. The legis-
%lature's time expired at midnight on
March 9TH. 1t was late in the evening
OF March 9Th that a motion was carried
in the house to reconsider Substitute
Senate Bill No. 20, the patrol bill.
On March 9 the patrol bill, after be-
ing amended by the house, passed the
house on third reading by a vote of
fifty-one for and twenty-five against,
twenty-nine members having gone
home because their pay had stopped
at the end Of the sixtieth legislative
day. In other words, only one-half Of
the house, including Speaker Pilgeram,
voted in favor of the bill.
On March 10th the patrol bill came
up in the senate for concurrence in the
house amendments to the bill, and with
out discussing the amendments or
knowing or understanding what the
amendments were, voted by roll call
to concur in the amendments. On ac-
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