Montana labor news., 1938-02-10
CONTINUED From Last Week.

100 SOaA 4i1D AA0A0 ~ 4 atAAcAAA "
Putnam, SO Mont. 1876, that:
TN the construction Oh %interpreta-
ton of a statute all Acts relating
to the same subject or having the
same general purpose, should be
read in connection with it as to-
gether constituting one law. Estate
V. Bowker, So Mont. l, 205 Pac. 961;
SO eye. 1147). In arriving at the
intention of the legislature, it is
therefore proper to consider, not
only Acts passed at the same ses-
sion, but also Acts passed at prior
and subsequent sessions. (36 eye.
1149).
When Chapter 20 of the Extraor-
binary Session Laws of 1933-34,
establishing an emergency relief
fund, was passed, Section l pro-
vided:
There is hereby created a state
institution to be known as Emer-
gency Relief, the purpose of which
shall be to provide means for the
sustenance of life and the relief of
distress among people of the state
whom economic condition, industrial
inactivity, or other cause over which
they have no control, has deprived
of support"
And in Chapter "a of the same
special session, an act to provide
emergency relief states:
'The economic depression pre-
vailing throughout the United States
and foreign countries has caused
widespread unemployment, poverty,
dependency and distress among
people in the State of Montana, and
to such extent that the public peace,
order and tranquility are seriously
endangered, and the orderly proc
esses of government may be inn
periled. Local, State and Federal
means for relief so far made avail
able are hopelessly Inadequate,
entire situation constitutes a
grave emergency in the history of
our state. This emergency is here
by recognized and declared to exist,
IN accordance with the funda-
mental principles and purposes OF
the government of this nation and
of this state, we hereby declare il
to be the policy of this Legislative
Assembly to meet the existing
emergency by providing public
work for unemployed and distressed
people throughout the state and
thereby insure domestic tranquility
and promote the general welfare
Chapter So, creating the Water
Conservation Board, Section Is,
stated:
Because of the inability of thou
sands of citizens throughout the
state to find employment and to
support themselves and their fami-
lies in the present depression, and
because Of serious crop failure re-
sulting from unprecedented drought
conditions, it is necessary to proceed
Immediately with the construction
of the works authorized by this Act
in order to create employment, as
sist the growing of crops and pre-
vent irreparable injury to the peo-
pie Of the state"
And the Senate Joint Memorial
No. 3 of the same special recited:
'"THAT WHEREAS, after all men
now receiving relief are employed,
which will be employed under the
Civil Works program, there will re-
main four thousand $4,000 men in
the State of Montana unemployed,
who are now on relief; and thirty
thousand 100000 men out of en-
ployment registered with the en-
ployment service and seeking en-
ployment or relief during the win
ter"
And many other laws with SINH
lar preambles and many memorials
were passed which are set forth in
the brief, which I will not take time
to quote to the Court, r all to the
same effect that an emergency exist
ed and that there we're thousands
Of men in Montana out of employ
ment.
That emergencies caused by I'm
employment are matters concerning
which the state may properly legis-
late to promote the general welfare
under its police power has been held
in the last United States Supreme
Court announcements upon this
subject in the case of West Coast
Hotel Company v. Parrish, 81 Law
Ed. 703, where Chief Justice Hughes
spoke as follows:
"The Constitution does not speak
Of freedom of contract. 1t speaks of
liberty and prohibits the deprivation
of liberty without due process OF
law. In prohibiting that depriva-
ton the Constitution does not rec
ognize an absolute and uncontroll-
able liberty. Liberty in each of its
phases has its history and connota-
ton. But the liberty safeguarded
is liberty in a social organization
which requires the protection of law
against the evils which n the
health, safety, morals and welfare
of the people. Liberty under the
Constitution is thus necessarily sub
iect to the restraints of due process,