Issuu

In this section About this issue Picture page delegates in action Why convention was called How John Q. Public can participate History of previous conventions Bill of rights environment 'Ccnventton ~s leadership Who delegates are· gambling Legislative revision Unicameral vs. bicameral Governor; weak or strong? What quality justice? Taxing our state Mining and parochial schools Governments built on words Who should control education? 'Horne rule for cities Suffrage: biographies of delegates Pictures, biographies of delegate

Con Con costing $690,000 Nearly $690,000 in state funds is going into re-writing Montana's 82-year-old constitution. The constitutional convention which reconvenes this week, has a tate a ppropriation ot $499,281-enough for 60-80 working days. The appropriation will be spent mainly to hire administrative, clerical and research staff and to pay delegat . Delegates receive the same pay as legislators-$45 a day, plus mileage reimbursement for three trips between their home and Helena. In addition, the 1971 legislature appropriated $149,540 for the Constitutional Convention Commission, the appointed group which arranged for convention preparations and research. Most. of the commission's budget ha

been spent to bi a professional research staff and print their report . Any money left in the commis ion budget Feb. 1 goes into the general on ention budget. The remaining 41,000 of th total state appropriation of 689 821 w allocated to the secretary of state for th special eptember and o mb r o Con elections. In appropriating money or the onvention, the legi lature al o anti ipat d a federal grant of 146,461 but ·1 n r materialized.

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This iss e's aut OS

3 A constitution states or ought to state not rules for the passing hour but principles for an expanding future " -Justice Benjamin Cardozo

From rapt attention to r taxation. The varied reactions to action on floor of Constitutional Convention are from Dorothy Eck of Bozeman and Dave Drum, Billing (upper left); unidefintified cigar smoker at lower right; R. J. tuder, Billing , (upper right); Marian Erdmann, Great Falls; and Robert Kelleher, Billing . (lower right.)

4 "Provisions which invite subterfuge, provisions which are archaic, provisions which are ambiguous, provisions which are statutory, and provisions which place serious limitations on effective state_ gov~

ernment

were

throughout the constitution."

found Montana

-Montana Legislative Council report on the Montana Constitution, 1968

Constitutional Convention delegates open session with prayer, pledge and taking of oath.

In theory, a transition Montana ·s government isn't likely to collapse in chaos if the voters approve a constitution which brings a new look to the highest law in the state. Whether changes involve minor rewording or major restructuring, the predecessors of the Constitutional Convention . were wise enough to provide for some transition b tween old and new. Under the enabling act passed by the last legislature, the convention must set dates for the various revisions to take effect if approved by the voters. WIDLE SOME provisions could go into effect on passage, others probably will require time, perhaps even several years to implement. The legislature also provided for taking care of any statutory law which could be supposed to outline the general tructure and fundamental principles of the state. The detailed mechanics of those princi pl however are to be left to statutory law passed by the legislature-law which an be changed from time to time with gre ter ease than the constitution. Montana's 1889 constitution is full of such statutory provisions, and the d legat ar expected to get rid of many of th m-from the constitution, that is. not th lawbooks. UNDER THE ENABLING act the convention may prepare a schedule of propo d I gislation which would impl m nt any new onstitutional provision or r plac tatutory language dropp d from th con titution. Delegat won't pa s th laws thems Iv but they will ugg t provi ions for th 1973 legislature to consider. In th ory it would provid a tr n iti n similar to xecutiv reorganization: The ·•2ff Pl nty' constitutional amendm nt wa pass d in 1970; th 1971 1 gi latur t up th mechanics with an executiv reor anization law; and th governor is now impl m ntin the law. Any propos d constitutional r vi i n will gob fore the vot rs, probably in th ov. 7 1972, gen ral lection.

How Montana • IS 0 got

John Q~ wil have s w r d not b act d

Committees The following are the committee a ssignrn nts made by Con titu-

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~003Jni~;:n2t;>g:.rf~tni/~ :rfh:~t~~~;i~_n Th 10 ub tantiv committ : B 11 of Rights: Dahood. Blaylock. Jam .. Ionroe. Man fi Id. ullivan.! Iurray. R. S. Hanson. Campbell. Foster. Eck. Le i lative: heirn, Loendorf. Skari, Bugb . Romn . ate, Harper. Robinson. Nuttin . Johnson. R ich rt. Kelleher. Tcole. Bat . L uthold. Ex utive: Joy . Garlington. Roed r. Arbana . Ward n. Wilson. Babe k. M rtin, F It. Ar;n~<!!,~i~~h~~~~~n~ib:~on. Melvin. E kild en. Rod Han n. Local Gov mm nt: Osca r And rson. Blend. Arn . Rollins. Spar . Payn . k. Erdmann. p er. J cob n. Simon. Rev nu and Finan : Rygg, Dri coll. McKcon. Artz. McD nough. W gn r. Drum. Berth lson. Furlong. Education and Public Lands: Champoux. oble. Da ·i . Cain. onov r. Harbaugh. Barnard, H rrington. Woodman y. Burkhardt. Public Health. Welfar and Labor: HE-liker. Ward. McCarvel. Bu kirk. Svanberg. canlin. Mahoney. Stud r. Natural R ourc nd Agnculture: Cros • Gysler. Brazier. ideriu . John H. Anderson Jr .. Kamhoot. Delaney. McNeil. Rebal. Gen ral Government nd Constitutional Am ndm nt: Etchart. Harlow. Vermillion. Lorello. B lcher. Chcate. Brown. H· b dank. Th four procedural committ : Admini tr tive: Toole. Eck. Bowm n. McKeon. Furlong. Noble, Hod Han on. imon. Rygg. Cr . tyl . Drafting and Transition: hiltz, Burkhardt. Holland. Bl nd. Blaylock. Roeder. Spe r, Carlington. Lo ndorf. B rg, Kelleher. Rul and Resolutions: Murray. Eskilds n. Bat . Romn y. Erd-. mann. A k, Joyce. Public Information: Tool . W rden Brown, Sparks. Vermillion. Champoux. Martin, P mb rton. Woodmans y. Davis. Payne. Bugh , Babcock.

Your clout

can be used How can an av ra e citiz n influ n e th work of th Con titutional Conv ntion? Here are om ways: 1. UBMIT A "CITIZE SUGGESTION." any d l gat air ady h v p k n in favor of th id a. which wa used in the Hawaii conv ntion. The proposal .. which can b in th form of minor provi ions or entire arti1 will b r f rr d to th prop I commi tte

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Statehood spurred present • • constitution

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The drafting of Montana ·s existing Constitution in 1889 marked the end of a quarter century of frustration in the quest for statehood. The 1972 convention, call d to update that document which has urvived 82 years with only a few modifications, will b the fourth in the history of the territory and state. It will, however, be the first call d by the people. Previous conventions were convened by the acting governor (1866 , the territorial legislature (1884) and congressional enabling legislation (1889). Each of those conventions, plus several formal appeals by the legi lature, were aimed at ending a territorial government described by the 1883 assembly a .. littl better than the colonial system u . 1d r Briti. h rule." The territorial governor, secretary and three Supreme Court justices wer appointed by the President of the U.S., often for party service el ewhere. Residents of the territory elected a d legate to the U.S. House of Representatives who could debate and serve on committees, but not vote. Montanan also elected members to a two-hou e territorial legislatur , but Congress had authority to review act of th a sembly and, in fact, annulled the entire body of law pa ed in 1866.

ALSO SPURRING the d ir for tat hood was the need for investment money from the tates for both the mining and agriculture industries. inve tment more likely und r statehood than territorial status. The first convention, a mbl d in 1866 when the territory wa only two years old, was called by Acting Gov. Thoma F. eaghr. It met in Helena instead of Virginia City. th n the territorial apital. Fifty-five delegates wer lect d, but th convention had di ficulty a mbling a quorum. It met for i days and adopt d a constitution reportedly ba ed on th propo d Colorado constitution, with modification borrowed from ew York a d California. To this day, historian aren't ur what became of that constitution, although th tra-

ditional account ha· b en that th do um nt was lo t om wh re b twe n Montana and St. Louis, wher it wa to be taken for printing.

THE TERRITORIAL legi latur app aled to Congr . for tatehood on v ral occa ion· between 1866 and 1883, but th requ t did not meet with favorable response. In 1884, 45 delegates gathered in Helena, by then th t rritorial capital, for a convention call d by th legislature. The conv ntion met for 27 day and drafted a body of fundamental law which in larg part wa carri d over by th conv ntion which was to follow five y ars later. That 1884 docum nt wa approv d by Montana vot r 15 506 to 4,266, but Congr continu d to d lay admis ion of we t rn t rritori b ·au of parti an fighting in th nation· ·apital. The congr sional deadlo k finally nd d aft r th election of 1888. With pas ·a of th Omnibus Act of F b. 22, 1889, Congr invited Montana, Washington orth Dakota and South Dakota to m t in onv ntions aim d t tatehood. The Montana convention conv n d on July 4 and bann r aero H l na La t han Gulch proclaimed "Ind p nd nc For v r.' Th 75 d l gat d bat d for 45 day , th ir 800 000 or o word till pr rv d in th offi-

in o tion.

1 ' ... Some think the language should prohibit discrimination on the basis of race, creed, sex and ethnic origin."

look for bill ol rights

ife, liberty and clean • envaron merit Do Montanans hav a ri ht to a clean, healthy environment? Neither the United State Constitution nor th 1889 Montana Con titution specifically tate su h a right but there is a growing tr nd to add explicit en ironmental provision to constitution . The issue likely will be the least controverial of a trio of nvironm ntal i sue Iacin Constitutional Convention d I gates. The oth ers, according to a Con titutional Convention Commission report on environmental right : -Enforcem nt provisions, includins giving citizens the right to ue to prevent environmental degradation. -Extension of the · public tru t do trine" from stat control over land and water to tat authority over u of l" nd and the total environment. SOME CONSTITUflONAL holars contend that a right to a clean nvironment is implied in federal and tate constitutional rights protecting 'lif liberty and the pursuit of happines · · or guarant eing "unenumeratd rights 'not specifically written down. While Montana· new Environmental Policy Act already states a 'right" to a clean environm nt, many feel the right also belon s in the fundam ntal law. But th commission report notes that imply stating the right may be .. y terday's battle ' nd probably won ·t draw any great oppoition. The real issue, the report said, is enforcement.

· Where party labels don't mean so much

11111

W. A. Clark, president of 1889 conv ntion, and Leo Graybill Jr .. president of 1972 convention.

Jean M. Bowman S er tary

Overhaul, not tinker·

law nd mod rnizing int rn l work of the a mbly.

Montana Legislature: icameral or bicameral? t l O in which control of b

n split between the

"A visitor to the Montana statehouse in the spring of 1970 would have been hard pr sed to uncover any evidence that it ever housed a state legislature. Almost a year had passed since the legislature had been in session; almost a year would pass (barring a sp cial ession) before it would be ~n se sion again. During the long interim, all office and committee rooms are occupied by legislative and executive staff agencies. The chambers are used for civil service examinations. among other things. The name on the door are changed, and the legislature disappears leaving scarcely a trace. It seems little more than a brief biennial inconvenience. ' -John Burns, The Sometime Governments

.. less dependent on the executive branch and lobbyist . If a unicameral proposal results in a sharp reduction in the 150-member legislature, opposition can be expected from rural delegates who represent sparsely-populated areas already suffering from los of legislators under ''one-man, one-vote'' rulings. On the other hand, unicameralists have one thing going for them: the convention itself is a unicameral body. The convention has authority to put controversial questions to a separate vote of the people, to avoid endangering the entire new constitution because of one provision. If a unlearn ral legi lature ha wide c. upport amon delegat , the issue is a likely candidat for a separate referendum.

Pressure

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v ry y ar. y 197 L th r m tin annu·. lly.

3 as mbli

one year compared to the $296.000.000 the 1971 legislature appropriated for this year. Advocat s of annual sessions also contend that frequent meetings are necessary to restor the balance of power between the legislatur and th executive branch, that budgeting v ral years in advance is difficult and that infrequent m eting make the legi lature d p nd nt on lobbyists. Thirty stat still limit the length of legislativ sessions and four others cut off legislator ' pay aft r a certain number of days. Opponents of unlimited or longer se sion cit many of the same argument used in oppo ition to annuals sions. They also contend that th public is b tt r abl to follow the action during a ion of limit d length and r u that Ion r s sion might discourag participation of some legi lators, particularly farm r and ranch r . who now hav th tim to sp nd alt mate winters in Helena.

w o's the cap ai-n?

and

he state, full 1111 e then power 0 name his ad minisass, an various tering of the depar e t government, tote \IVi I kno'N and ere to place locating our bla e or p aise." h M. -Go n, 1921 execu

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Justice, but what quality? ontana thr -ti red sy em on ists of ourt o appeals the Supreme Court), general ri ourts th di trict courts) and inf rior (ju tice of th peac and police courts). udi of this system conclude that it i m nt d and uffers from duplication of fort nd artificial divisions of authority b n th high court, the 8 district courts 28 div· ion and the mor than 200 lower ·1

these courts could be materially improved by adoption of a uniform court system which would provide a di trict court level of judicial quality for all legal proceedings ' was the concensus reached by the citizens' committee. The Montana Plan proposal is for creation of a nonparti an nominating committee with a majority of laymen which would screen candidates and submit a li t of prospective nomin for a judicial vacancy to the governor. The governor would have to make his appointment from the list. The appointed judge would be required to run at interv is against his record in a nonpartisan uncontested election. Critics of this plan argue it is undemocratic because it remov direct control of the judiciary from the people. Supporters of the merit system contend Montana, in effect, already has an appointive y tern. Four of the five Supreme Court justices and 20 of the 28 di trict judges were initially appointed and only two incumbent judg have been d feated in an election.

THE PROPOSAL also creates a researc and qualifications committee with power to investigate complaints against judges and bring charges before the Supreme Court. The appeal court would try the charges and could order censure, retirement or removal. The plan would give wide aut ority to the Supreme Court which would be responsible for administration of all courts and would have the authority to make rules of practice and procedure. Some authorities feel procedural rules should be left to the legislature because substantive issues may be involved. The citizens plan recommends appoint. ment instead of election of the clerk of the Supreme Court and district court clerks. The plan would leave tenure and salaries of judges to the legislature. Judges are strong. Iy opposed to asking the legislature every two years for a salary increase and have asked for a pay commission to set salaries that would be ratified by the legislature.

w o nee s 1ustlce •

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peace courts?

ana [udqes are selected

Money straitjacket: can cords be cut?

Trick/

g: a tax s-pecial'

hurch- ta e e tanglement nn un d plan· to .lose. ( onv ntion d I gat J rom T. I o ndorf of H I na was lobbyi t for th g1 oup eeking the paro hi: I aid.)

par nd thr

t n th qualit

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r paro hial

D. Bugbee- Iissoula

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Thousands of wor build governments If a constitution were nothing more than a few thou and words scrawled on a parchment Montana Constitutional Conv ntion would be a waste of tim and money. But tho e word build ov mm n . Tho e words ar the fundamental law o the land and reflect the desir of th p opl . And that mak them pretty important wor . Constitutions tell us what typ of gov rnment we ll have, how it will be conduct d nd how it will affect us. Throu h guarant of our right con titutions protect u from government. Since 1889, when Montana wrote it third constitution and became a stat tho e words have served as our basic framework. But in rec nt years, a growin numb r of critic hav contended that th fram work wa n ·t holdin up as 1t should. Too often th y aid tana s 82-y ar-old con titution pr v nt d and local government from providin services people want. THE PEOPLE finally d ided it wa tim to see if new words could bring b tter ment. By a direct vote in 1970, th called for a constitutional convention.

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W o should govern education? flexibility. financial independence and removal of ducation from politics and bureaucracy.

colleges and universities. The question arises whether the state should continue with one board or have two. Or even three. because of the rapid growth of post-secondary vocational programs. Another question involves the state superintendent of public instruction. an elected official who heads the state's education department, its on the Board of Education and yet i subordinate to that board. If the position is given constitutional status. delegates may want to redefine its role. Another likely issue is the question of election versus appointment of the superintendent of public instruction and the board (s) of ducation. Pre ently. the board is appointed and the sup rintendent elected. Proponents of election say it give the p opl a greater voice in operating schools. whil those favoring appointment argue it strengthens the executive branch and brings greater professionalism. Neither election nor appointment would nece sarily eliminate politics, according to educators.

Public lands and schools IRONICALLY, the other three funds set up under the legacy fund-accounts for the stat . chools ( diff r nt from the school land fund) and the university system-were never u d b caus outrageously unrealistic provisions prohibited use of any inter st until the funds r ach d levels of $100 million or in one cas $500 million. And the intent of the amendm nt-uniform inve tment+didn't com until pa ag of a 1971 law. according to th r port. Studi s by th Iontana Legislative Council and Montana Constitutional Revision Commis: ion ·onclud d that many of the provisions tor public lands and the Trust and Legay Fund ar statutory and would be b tt r off in th lawbook .

You'll know your representative better

Lobbying in the open

'Home rule1 becomes,

rallying cry Your local tax bill, local services and even the potholes in Main Street could be at stake when the Constitutional Convention tackles that nebulous slogan, 'home rule.'' Home rule has become the rallying cry for those who think stronger local government could do a better job. For years. reformers have complained that because of constitutional limitations cities and counties are weak sisters who are often unable to cope with the growmg stresses of the 20th Century. Montana ·s 1889 Constitution recogniz no inherent right of local government. Citie and towns which are scarcely mentioned, can make some local regulations and provide some services. Hut basically, municipalities are prohibited from doing anything unless the legislature authorizes it. Counties fare even more poorly. Considered an administrative arm of the state, they lack even the basic power to pass local ordinances.

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Governor as 'ornoment'

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FROM A PRACTICAL tandpoint h m rule advocates ay increa ed local autonomy would bypa s meddl ome or unr pon i legislatur and fre 1 gi latur from th burden of running local government. Most important, they argu that gi in local officials great r power would pinpoint responsibility and eliminate alibi for nonp rformance. Opponents to "horn rule' ar u th

The status of the office of governor in the eyes of the delegates to the 1889 convention is perhaps best revealed in a passag from the debates of that convention. Delegate Timothy E. Collins of Great Falls attempted to amend the salary of the gov rnor downwards to $2,500 from the propo ed $4,000 salary. Resisting th motion wa Martin Maginnis of Helena. The exchange went like this: COLLINS: ·1 think in the first place that the office of governor is more of an ornament than anything else. The duties are 1 s than

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!!:~ ~!:~1:tshould :::c~~!be~:~:!~~f. :~tt~:jwith~~::the pensation in accordance duties performed. The secretary of state, state auditor, tate treasurer or superintendent of public in truetion, either one of them, do a great deal mor work-two or three tim more work, and some of them ten times more work-than th legislative assembly will ever impos on th governor. The gov rnor ne d not r main at the Capitol but during p riods when offi ial duties are to be performed. The routine duti of his office can be performed by hi privat ecr tary and I believe that the gov rnor o the new state of ontana for th pr nt should receive but a nommal salary. 4

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"Gentlemen say that i not accordanc with may the honor of ththis offic , butin1 say that the amo nt of comp n ation hould Tb eh in accordanc with th duti p rform d. e man who will h reaft r b l t d by th people of thi great stat a governor will b a man who can afford to fill th po ition for that

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Amendments: a

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Voting rights guided by feds cause they deny equal protection of the Jaw . Montana was one of the state that ratified the 26th amendment. The 1971 Legislature al o approved a constitutional am ndment to be placed on the ballot this November that would bring the state constitution into conformity on the 18-year-old vote. fix the residency requirement for all elections at 30 davs and eliminate the property taxpayer qualification for bond and tax levy elections. (These provi ions probably will be included in a new con titution. If the propo ed constitution is submitted to the voters in June or November and ratified. it would make the proposed amendment super fluou . ) IF THE 30-DA Y residency requirement is adopted. it will be the shortest re idency

requir ment of any tate ... . The pre. ent con tititution avs little about 1 ction and constitutional authorities agree it should remain that way. They contend th mechanics of registration and conduct of elections should be left for the legislature to devi e. Th convention also mu t decide whether to leav in th con titution the common votiog di qualification for convi tion of a erious crime or mental incompetence. or leave disqualification to tatutory law. Th constitution provide for initiative and r f rendum. Authorities urge these m thod of popular control of lawmaking be r tained. Th initiative in Montana now applie only to statutory law and it i recommended that initiativ b xtend d to constitutional amendment.

AA HEIM, MAG US, D-Ant lop farmerran h r. 62. A DERSON JOH H. JR., R-Ald r, ranchr. 55. A DER ON bank r

BERTHELSO , E. M., R-Conrad banker andr nch r,6. BLAYLOCK, CHET, D-Laur l t acher, 47. BLE D, VIRGI IA H., D-Great Fall , r pro r ph r. 7.

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