Gambar halaman
PDF
ePub

CHAPTER VIII.

LEGISLATIVE.

Legislative Assembly.–Following the analogy of the Constitution of the United States the legislative power of the government of Montana is vested in two assemblies, which are known separately as the “Senate” and “ House of Representatives,” and collectively as the “Legislative Assembly of the State of Montana." As will be noted in the extracts from the Constitution which make up most of this chapter, the Assembly in the matter of impeachment exercises judicial functions, and in the making of appointments the Senate divides with the Governor the executive power.

Membership of Assembly. The House of Representatives at present consists of sixty-eight members elected by the people of the various counties of the state for a term of two years. The date of the election of Representatives is the first Tuesday after the first Monday in November in the even years. Following is a list of counties with the number of Representatives to which each is entitled:

1

1 Const. Mont., Art. v.

NUMBER OF

COUNTY.

REPRESENTATIVES.

2

19 Neri

19 co

Beaverhead .....
Cascade...
Choteau

2
Custer.
Dawson..

1
Deer Lodge.

6 Fergus

2 Flathead..

3 Gallatin..

3 Granite.

2 Jefferson..

3
Lewis and Clarke..

7
Madison .
Meagher.
Missoula

4
Park.....

2 Ravalli..

2 Silver Bow..

12 Teton..

1 Valley..

1 Yellowstone.

1 Carbon ..

1 Sweetgrass.. The Senate consists of twenty-three members, each

2 representing one of the counties of the state.

The term of office of the Senators is four years, but the terms are so arranged that one-half of the whole number are elected at each election where representatives are chosen. 3

A Representative must be at least twenty-one years

11

I Political Code, 2112.
2 Const. Mont., Art. vi, Sec. 4.
3 Const. Mont., Art. V, Sec. 2.

1

3

of age, and a Senator at least twenty-four years of age. Each must also be a citizen of the United States and a resident for at least twelve months preceding his .election of the county in which he is elected.

The compensation of the members of the Legislative Assembly is fixed by a legislative bill, but no assembly can determine its own compensation. ?

Sessions of the Legislative Assembly.—The regular sessions of the Legislative Assembly, begin at twelve o'clock noon of the first Monday of January, in the odd years, and continue not to exceed sixty days. Special sessions may be convened by the Governor for extraordinary purposes.

For other explanations respecting the powers and duties of the Legislative Assembly we quote in full the following sections of Article V. of the constitution :

Restrictions to Appointment to Civil Office.-SECTION 7. No Senator or Representative chall, during the term for which he shall have been elected, be ointed to any civil office under the state; and no member of Congress, or other person holding an office (except notary public, or in the militia) under the United States or this state, shall be a member of either house during his continuance in office.

Officers and Rules of Assembly.-SEC. 9. The Senate shall, at the beginning and close of each regular session, and at such other times as may be necessary, elect one of its members President, pro tempore. The House of Representatives shall elect one of its members Speaker. Each house shall chose its other officers, and shall judge of the elections, returns and qualifications of its members.

1 Const. Mont., Art. v, Sec. 3. 2 Const. Mont., Art. v, Sec. 5. 3 Const. Mont., Art. v, Sec. 6.

SEC, 10. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each house may prescribe.

Sec. 11. Each house shall have power to determine the rules of its proceedings, and punish its members or other persons for contempt or disorderly behavior in its presence; to protect its members against violence or offers of bribe or private solicitation, and with the concurrence of two-thirds, to expel a member, and shall have all other powers necessary for the Legislative Assembly of a free state.

A member expelled for corruption shall not thereafter be eligible to either house of the Legislative Assembly; and punishment for contempt or disorderly behavior shall not bar a criminal prosecution for the same offense.

Journal.--Sec. 12. Each house shall keep a journal of its proceedings and may, in its discretion, from time to time, publish the same, except such parts as require secrecy, and the ayes and noes on any question shall, at the request of any two members, be entered on the journal.

Open Sessions.-Sec. 13. The sessions of each house and of the committees of the whole shall be open unless the business is such as requires secrecy.

Adjournment.-SEC. 14. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place, than that in which the two houses shall be sitting.

Privilege of Members.--Sec. 15. The members of the Legislative Assembly shall, in all cases, except treason, felony, violation of their oath of office and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place.

Impeachment.-SEC. 16. The sole power of impeachment shall vest in the House of Representatives; the concurrence of a majority of all the members being necessary to the exercise thereof. Impeachment shall be tried by the Senate sitting for that purpose and the Senators shall be upon oath or affirmation to do justice according to law and evidence. When the Governor or Lieutenant. Governor is on trial, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without a concurrence of two-thirds of the Senators elected.

Sec. 17. The Governor and other state and judicial officers, except Justices of the Peace, shall be liable to impeachment for high crimes and misdemeanors, or malfeasance in office, but judgment in such cases shall only extend to removal from office and disqualification to hold any office of honor, trust or profit under the laws of the state. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law.

Sec. 18. All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law.

Legislative Bills.--Sec. 19. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to cbange its original purpose.

SEC. 20. The enacting clause of every law shall be as follows: “Be it enacted by the Legislative Assembly, of the State of Montana."

SEC. 21. No bill for the appropriation of money, except for the expenses of the government, shall be introduced within ten days of the close of the session, except by unanimous consent of the house in which it is sought to be introduced.

SEC, 22. No bill shall be considered or become a law unless referred to a committee, returned therefrom and printed for the use of the members.

SEC. 23. No bill, except general appropriation bills, and bills for the codification and general revision of the laws, shall be passed containing more than one subject which shall be clearly expressed in its title ; but if any subject shall be embraced in any act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed.

SEC. 24. No bill shall become a law except by a vote of a majority of all the members present in each house, nor unless on its final passage, the vote be taken by ayes and noes, and the pames of those voting be entered on the journal.

SEC. 25. No law shall be revised or amended, or the provisions thereof extended by reference to its title only, but so much thereof

« SebelumnyaLanjutkan »