PREFACE.

As the codes of the state of Montana require the civics of Montana to be taught in the schools, the object of the compilers has been to provide a satisfactory text book on the subject. Accuracy rather than originality has been aimed at and special care has been taken to verify all statements made.

The compilers believe that our scheme of government is not perfect, and that our citizens have not yet attained the highest possible degree of intelligence and virtue. But they also believe that, with all of its faults, our scheme of government is the best yet essayed by man; and that our citizens are inferior to those of no other country in the qualities that contribute to a nation's greatness.

In this book they have tried to expound no theories of their own. They have attempted to select the most general features of our political system and so arrange them that they may be easily comprehended and studied in the schools. It is their belief that the pupils should first learn the facts and then develop their own theories. For thus is the best citizenship

attainable.

In the compilation of the book the state constitution

and the codes have been followed very closely, even to the extent of largely following the language for the sake of brevity. They believe that every statement rests upon competent authority to which they cheerfully refer teacher and student.

The plan of selection and arrangement they believe is their own.

The full text of the state constitution can be obtained from the Secretary of State by those teachers who desire it.

The references to various authorities have been made by Hon. E. S. Booth, who was chairman of the Committee on Codes in the last Legislative Assembly, and who is probably inferior to no other person in the state in knowledge of their contents.

Librarian Fk. C. Patten of Helena has rendered valuable aid in the compilation of the Bibliography and other friends have cheerfully assisted us.

Butte, Mont., Christmas, 1895.

JOHN F. DAVIES.

"To tby fellow-countrymen, thou shalt preach the gospel. of the New World; that bere, bere in our America, is the bome of man; tbat bere is the promise of a new and more excellent social state than bistory bas recorded."

CIVICS OF MONTANA.

CHAPTER I.

INTRODUCTORY.

Sources of Civil Government.-In studying the civil government of Montana we are obliged to consider :

1st. The Constitution of the United States.

2d. The Constitution of Montana.

3d. The acts and resolves of the Legislative Assembly of Montana, including the Civil and Political Codes, the Code of Civil Procedure, and the Penal Code.

4th. The decisions of the courts of the state and territory of Montana.

5th. The common law, except where its principles are covered by one of the above mentioned sources.

United States Constitution.-The Constitution of the United States guarantees certain rights to the people, and regulates the relations between the various states. Applied to a state, Montana for instance, it indicates what functions of government it must not exercise. It forbids withholding the protection of its laws from citizens of other states. It tells the part