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Divisions of the State Constitution.--The Constitution of the state of Montana consists of four unequal parts.

First. The preamble which is very brief and states that the object of forming the Constitution is to secure the advantages of a state government.

Secondly. The first article sets forth the boundaries of the state, and the second article mentions certain military reservations in which the national government has exclusive jurisdiction, except in a limited number of cases involved in police regulations.

Thirdly. The bill of rights, which comprises Article III of the Constitution, and The Schedule set forth in Article (or as it is printed) Section XX.

Fourthly. Articles III to XIX describe the frame work of the state government and it is these articles with which almost all legislation is coucerned.

Bill of Rights.—The bill of rights may be described as the theoretical part of the Constitution. In it the members of the Constitutional Convention strove to express their opinion of the fundamental conceptions which underlie a free government, and the general rights and privileges which such a government should secure. It is the most readable part of the Constitution. For its full explanation it refers back through a long series of deliverences of statesmen to the granting of Magna Charta.

Among the principles laid down may be mentioned that all men are equal in political, religious, legal and social rights; that government derives its authority from the people; that while people must obey the laws, the government has certain important duties toward the governed; that the military power in the state is subordinate to the civil; and that the object of punishment

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for crime shall be reformative and preventive rather than vengeful. 1

Schedule.--The Schedule contains provisions that all laws in force under the territorial form of government, are to be binding on the state government unless expressly changed by the Constitution or act of the Legislative Assembly. It also indicates certain verbal changes which are to be understood in order to bear the new construction. Certain sections are devoted to the subject of the adoption of the Constitution and the methods of changing from the old to the new form.

Enabling Act.—The Enabling Act while a separate document is, in reality, as much a portion of the Constitution as is the Schedule. But as its important provisions are embodied in the Constitution proper, and developed in the codes, it is not necessary to enlarge

upon it here. 2

"Walker's Am. Law; Const. Mont., Art. III, Schedule xx.; Political Code,

page 80.

2 Political Code, page 68.

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OUTLINES FOR STUDY.

CONSTITUTION.

A.

Preamble.

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C. · Bill of Rights, 2 Schedule.

B. Boundaries and Reserva

tions.

D. Powers of the Government

outlined under the separate heads.

l'.

Governed. :

12. Accused.

13. Witness.

14. Alien.

15. Water Rights.

Armed Bodies.

CHAPTER VII.

EXECUTIVE.

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Executive Officers.—The officers of the state executive department are the Governor, Lieutenant-Governor, Secretary of State, Attorney General, State Treasurer, State Auditor and Superintendent of Public Instruction. They are elected by a plurality vote for a term of four years.

With the exception of the Lieutenant-Governor, they must, during the term for which they are elected, reside at the seat of government and keep there the records of their respective offices. 1

Governor.—The Governor is the supreme executive officer and supervises the official conduct of the others. He may require information in writing of them, or of any officer or manager of the state institutions, at any time upon any subject connected with their respective offices or institutions; or, may appoint a committee to investigate and report to him, concerning matters in these offices or departments.

He is required to report to the Legislative Assembly, at the beginning of each session and at other times when he deems it necessary, concerning the condition

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· Const. Mont., Art. VII, Sec. 1-2; Political Code, 33330, et seq. 2 Const. Mont., Art. VII, Sec. 10; Political Code, 2 370.

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of the State Government and such legislation as he deems advisable. 1 His approval is necessary to every bill passed by the Assembly, unless passed over his veto by a two-thirds vote of each house acting separately. But if he delays to return the bill, with his approval, within five days (not including Sundays) from the time when he receives it, it becomes a law, unless the Assembly by adjournment prevents its return within such period. ? In the case of a bill making appropriations for money, he may approve it in part and return the parts not approved to the Assembly with his objections as in the case of other entire bills disapproved.

He may at any time by proclamation call an extra session of the Senate for the transaction of executive business. He may also for special purposes call together the Legislative Assembly. But the purpose for which it is convened must be clearly set forth in the proclamation and no other business can be transacted at such special session. 4

He is the only medium of communication between the state of Montana and the other states of the Union, or the National government.

The Governor is the commander-in-chief of the militia, except when in actual service of the United States, and may call them out when needed. 5 He is

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· Const. Mont., Art. vii, Sec. 10. 2 Const. Mont., Art. vii, Sec. 12. 3 Const. Mont., Art. VII, Sec. 13. 4 Const. Mont., Art. VII, Sec. 11. 5 Const. Mont., Art. VII, Sec. 6.

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