Montana labor news., 1939-09-07
ATTY. 0'D0NNEuL TO A5K FOR Writ OF
MANDATE TO COMPEL RELIEF OFFICERS
TO APPEAR BEFORE THE HELENA MEETING
Montana Welfare Council Urges
Extra Session of Legislature.

W
Friday, September 9th, 1899, will
be a historic date in the Political
History of Montana. On that date
citizens will meet at the Capitol
Building in Helena to exercise a right
which has never before been exer-
cised in the United States-the right
is that guaranteed by the United
States Constitution in the Bill of
Rights:
Congress shall make no law
....abriding the right of the peo-
pie ~peaceably to assembly and
to petition the government for
a redress of grievances"
The Constitution of the State of
Montana extends this right. Article
III Sec. 26:
"The people shall have the
right peaceably to assemble for
the common good, and to apply
to those invested with the pow
ers of government for redress of
grievances by petition or rem
onstrance".
Those invested with the powers of
government so far as the relief situa-
ton is concerned are: The Cover
nor, The Lieutenant Governor, lin
case the Governor is incapaciated),
The Secretary of State, The Attor-
ney General, The members of the
Senate and House of Representa-
tives, The Justices of the Supreme
Court, DR.. Peter Potter, as Chair
man, and the Members of the State
Board of Public Welfare, I. M. Bran
djord, its Administrator, and the
County Welfare Boards throughout
the State.
The Administration of the Public
Welfare Act has in effect driven
those in need to deprivation, desti-
tuition and to suicide. The Aged
Needy, Needy Dependent Children,
and those who are incapacitated
from earning their living, are, adj
mittedly not provided with clothing
or shelter.
All of those connected with the
Welfare Department are outspoken
in admitting the m~eritorious lei
essities of those in need; but each
separately has SO efficiently pass
ed the buck, that it will give you
a grand and glorious feeling to see
them all face n another.
Judges Angstman and Erickson of
the Supreme Court-the Attorney
General-H. J. Predominant the
Secretary of State, Sam W. Mitchell,
have done all in their power to make
the Public Welfare Act work. They
will not fear meeting their consti-
tutents.
The Public Welfare Act has been
steam-rollered into the discard. Arti-
Gle x Section 5 of the Constitution,
commanding the sympathy and aid
of society for those in need, has
been translated, by the majority of
the Supreme Court, to provide sym
patty but deny aid.
l. M. Brandjord, and the State
Board, declare that they cannot
move, because the legislature did not
make a sufficient appropriation.
The County Welfare Departments,
and their supervisors and employ
ees, accuse the State Welfare Depart
ment and the legislature.
The Supreme Court, majority OPP
inion, stated that the only remedy
lay in the hands of the legislature
TO make an appropriation. That
the calling of a special ses-
sion of the legislature.
The Governor is the only person
who can call a special session of the
legislature.
The Supreme Court, minority OPP
inion, Justices Erickson and Angst
man. declared that the State Board
of Examiners had ample power to
declare an emergency and permit
the expenditure of sufficient money
to carry out the Public Welfare Act.
This power is expressly conferred
on the Board of Examiners by Chap
ter 40 of the Laws of 1887.
The State Board of Examiners,
Mr.. Freebourn and Mr.. Mitchell, be-
ing present, the Governor being alb
sent, declared an emergency and
authorized the expenditure.
The State Board of Public We'll
fare and Mr.. Brandjord have re-
fused to avail themselves of the
money authorized by the State
Board of Examiners.