The people's voice. [volume] (Helena, Mont.) 1939-1969, 1947-04-25
whats the Constitution Between
Friend" -?


legislators officials
of office included in this the declaration Il do oemny
Cor affirm that will support protect and defend the
constitution of the United States and the CONSTITUTION OF
THE STATE OF MONTANA :. emphasis ours) and pre-
umaby this avowa without reservations by all who
make it.
The general weakness of carrying and fulfilling this
solemn obligation the of members of egis
ave assembly and by other public officers probably the
fact that comparatively few of them have made exhaustive
study of the constitution of either the nation of the state is
undoubtedly safe there many them
have read either of them and certainly majority
have taken time for analytical study of them AS
has legendary
must be gifted with mystic extraordinary qualities of
mind in order to be able to and interpret of the
have certain of legal training oued Experts
stitutional law, setting them aside specially endowed
Actually of the basic laws of the United States and
the State of Montana written comparatively simple Ian
guage which be by anyone average
gence To be sure the application of these basic laws to the
provisions of particular conditions laws passed by
legislative assembly requires the careful study of all possible
implications inherent in them to find if thew violate an Of the
spulaons constitutions This RESPONSE
b the high courts when tire issue brought before them
Where the wording of the constitutional provisions broad
these issues might However, when these implications
clear enough challenge the attention of the
determination of their applicability should certainly be
given attention by the members of legislative assembly when
considering the of law which is clearly affected by
a provision Of the basic law.
izg with certain requirements the operation of slot machines
and punch boards These laws passed supposedly as
producing Whether not the assembly
justified in assuming that legitimate Of
available will not be argued here Suggestions
found favor with the majority of legislators who cater
the wishes of ntrenched privilege.
We convinced that had the members of the state leg
ature considered constitutional provision they might have
heated to the laws referred to- Article 49, Section
of the Montana constitution says
"The legislative assembly shall have power o
horze lotteries gift enterprises for and
shall pass laws prohibit the sale of lottery gift
prise tickets in this state"
While the consutionaity of the laws passed by the last
session may hinge the definition of the phrase lotteries
gift enterprises there little doubt in the minds of legal
authorities who been interviewed by The Voice. that punch
boards slot machines distinctly form of lottery and
such definitely prescribed by this section of the Mon
tana constitution
appears than strange that Governor Ford whose
familiarity with the provisions of the state constitution cannot
questioned for the state
apparently failed take this provision of the conu
ton into consideration, and approved the
appears probable that these laws egazng the rackes
punch and slot machines will be considered by the
Montana Supreme Court But meanwhile consideration of
equitable taxation Of the foreign corporate interests has
been stalled for another two And maybe all consdera
ons of conutonay aside that the real purpose behind
passage approval of the legalizng rackets
Peace Conference Ends