The Sidney herald., 1962-10-31

SECTIONS 8 AND % ARTICLE III
AND SECTIONS 1 AND "a. ARTI-
Gle VIII AND BY REPEATING SEC
TONS 20. 81, D. % and "a. ARTICLE
VIII.
BE 1T ENACTED BY THE LEcrs-
LATIVE ASSEMBLY OF THE STATE
OF MONTANA:
Section i. Section 3. article III of
the constitution of the State of Mon
tana IS amended to read as follows
section 8. Criminal offenSes shall.
IN all courts inferior TO the district
court. be prosecuted by complaint. All
criminal actions in the district court.
except those on appeal. shall be pros
ecuted by information. after examina-
tlcn and commitment by a magistrate.
or after leave granted by the court.
or snail be prosecuted by indictment
without such examination or commit
ment, or without such leave of the
court. A grand jury shall consist of
seven persons, of whom five must
concur TO find al indictment.
"A grand jury snail only be drawn
ana summoned when the district
Judge shall, in his discretion con-
slider II necessary. anG shall so order"
Section 2. Section %. article III of
ne constitution of the State of Mon
tana IS amended to read as follows:
section q. The right of trial by
JA-J AAdA4 NC SCCuIGQ TO al. ana re-
nam invlolate. but in all civil cases
ana IN all criminal cases not amount
ing 10 felony, upon default OF appear
ance. or by consent of the parties
expressed in such n as the law
may prescribe, a trial by jury may
pc waived. or a trial had by any
Tess number of jurors thar the num-
per provided by law. In all civil ac-
tons and in all criminal cases not
amounting. 10 felony, two-thirds in
number of the jury may render a
verdlcs. and such verdict so rendered
shall have the same force and eff
therein"
Section 3. Section /, article VIII of
the constitution of the state of Mon
tana Is amended TO read as follows:
section /. The judicial power OF
the state shall be vested in the senate
sitting as a court of impeachment, in
a supreme court, district courts, and
such other courts as the legislative
assembly may establish"
Section 4. Section "a. article VIII
OF the constitution of the state of
lows:
Section "a. Vacancies in the office
or Justice of the supreme court, or
Judge of the district court, or clerk
OF the supreme court, shall be filled
by appointment, by the governor of
.aAA III ADC ~
fces of county attorney. AND clerk
OF the district court, shall be filled
by appointment. by the board of
county commissioners of the county
where such vacancy occurs. A person
appointed TO fill any such vacancy
hold his office until the next
general election ms until his sue
cessor is elected and qualified. A
person elected 10 fill a vacancy shall
hold office until the expiration of the
term for which the person he sue
ceeds was elected"
Section S. Sections 20. d. %. q.
and "a, article VIII Of the constitu-
ton of the state of Montana are re-
pealed.
Section 6. When this amendment is
submitted 10 the electors of the state
of Montana as provided by law there
shall be printed on the ballot the
fun title and the first five sections
of this act and the following words:
q For the above amendment and
repeal.
q Against the above amendment
and repeal.
Approved March 2. 1861.
UNITED STATES OF AMERICA)
ISIS.
I. Frank Murray. Secretary of State
of the State of Montana, do hereby
certify that the foregoing is a true
and correct copy OF Chapter 12l,
Laws of Montana of 1861.
IN TESTIMONY WHEREOF, / have
hereunto set my hand and affixed