« ΠροηγούμενηΣυνέχεια »
upon the duties of their respective offices, take and subscribe the following oath or affirmation, to wit: “I do solemnly swear (or affirm) that I will support, protect and defend the Constitution of the United States, and the Constitution of the State of Montana, and that I will discharge the duties of my office with fidelity; and that I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing to procure my nomination or election (or appointment) except for necessary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this State, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to my office other than the compensation allowed by law. So help me God." And no other oath, declaration or test shall be required as a qualification for any office or trust.
Sec. 2. The Legislative Assembly shall have no power to authorize lotteries, or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets in this State.
Sec. 3. The Legislative Assembly shall enact suitable laws to prevent the destruction by fire from any cause of the grasses and forests upon the lands of the State or upon lands of the public domain the control of which may be conferred by Congress upon this State, and to otherwise protect the same.
Sec. 4. The Legislative Assembly shall enact liberal homestead and exemption laws. · Sec. 5. No perpetuities shall be allowed, except for charitable purposes.
Sec. 6. All county officers shall keep their offices at the county seats of their respective counties.
Sec. 7. In the disposition of the public lands granted by the United States to this State, preference shall always be given to actual settlers thereon, and the Legislative Assembly shall provide by law for carrying this section into effect.
Sec. S. The Legislative Assembly may at any time, by a vote of two-thirds of the members elected to each house, submit to the electors of the State the question whether there shall be a convention to revise, alter or amend this Constitution; and if a majority of those voting on the question shall declare in favor of such convention, the Legislative Assembly shall at its next session provide for the calling thereof. The number of members of the convention shall be the same as that of the House of Representatives, and they shall be elected in the same manner, at the same places, and in the same districts. The Legislative Assembly shall in the act calling the convention designate the day, hour and place of its meeting, fix the pay of its members and oflicers, and provide for the payment of the same, together with the necessary expenses of the convention. Before proceeding, the members shall take an oath to support the Constitution of the United States, and of the State of Montana, and to faithfully discharge their puties as members of the convention. The qualifications of members shall be the same as of members of the Senate, and vacancies occurring shall be filled in the man ner provided for filling vacancies in the Legislative Assembly. Said convention shall meet within three months after such election and prepare such revisions, alterations or amendments to the Constitution as may be deemed necessary, which shall be submitted to the electors for their ratification or rejection at an election appointed by the convention for that purpose, not less than two or more than six months after the adjournment thereof; and unless so submitted and approved by a majority of the electors voting at the election, no such revision, alteration or amend. ment shall take effect.
Sec. 9. Amendments to this Constitution may be proposed in either house of the Legislative Assembly; and if the same shall be voted for by two-thirds of the members elected to each house, such proposed amendments, together with the ayes and nays of each house thereon, shall be entered in full on their respective journals; and the Secretary of State shall cause the said amendment or amendments to be published in full in at least one newspaper in each county (if such there be) for three months previous to the next general election for members to the Legislative Assembly; and at said election the said amendment or amendments shall be submitted to the qualified electors of the State for their approval or rejection, and such as approved by a majority of those voting thereon shall become part of the Constitution. Should more amendments than one be submitted at the same election, they shall be so prepared and distinguished by numbers or otherwise that each can be voted on separately: Provided, however, that not more than three amendments to this Constitution shall be submitted at the same election.
SCHEDULE. That no inconvenience may arise by reason of changing from a Territorial to a State form of government, it is declared as follows:
Section 1. All laws enacted by the Legislative Assembly of the Territory of Montana and in force at the time the State shall be admitted into the Union and not inconsistent with this Constitution or the Constitution or laws of the United States of America, shall be and remain in full force as the laws of the State until altered or repealed, or until they expire by their own limitation: Provided, that whenever in said laws the words,“ Territory," “Montana Territory” or “ Territory of Montana” occur, the words “State” or “State of Montana” shall be appropriately substituted and read therefor: And, provided further, that the duties which now by law devolve upon probate judges as jury commissioners and in relation to issuing marriage licenses and filing and recording marriage certificates, and the duties as ex-officio clerks of their own courts, shall, until otherwise provided by law, devolve upon and be performed by the clerks of District Courts in their respective counties: And, provided further, that the duties of probate judges now imposed by law relative to town sites and to the approval of bonds of other county officers shall, until otherwise provided by law, be performed by the district judges in the several counties in their respective districts.
Sec. 2. All lawful orders, judgments and decrees in civil causes, all contracts and claims and all lawful convictions, judg. ments and sentences in criminal actions, made and entered, or pronounced by the courts within the Territory of Montana, and in force at the time the State shall be admitted into the Union, shall continue and be and remain in full force in the State unaffected in any respect by the change from a Territorial to a State form of government, and may be enforced and executed under the laws of the State.
Sec. 3. No crime or criminal offense committed against the laws of the Territory of Montana shall abate, or be in any wise affected, by reason of the change from a Territorial to a State form of government; but the same shall be deemed and taken to be an offense against the laws of the State, and the appropriate courts of the State shall have jurisdiction over and to hear and determine the same: Provided, that this section shall not in any wise be construed to change the law of the statute of limitations, or the due effect or application of the same.
Sec. 4. Except as herein otherwise provided, the word “district” shall be substituted and read in lieu of the word "pro bate” in the terms “probate court” or “probate judge,” whenever the same occur in the laws of the Territory of Montana, and all said laws which by their terms apply to Probate Courts or probate judges shall, except as in this Constitution otherwise provided, upon a change from Territorial to State government, be deemed and taken to apply to District Courts and district judges: Provided, that all laws allowing fees to probate judges are hereby repealed.
Sec. 5. Clerks of District Courts, until otherwise provided by law, shall each perform the duties and be entitled to the same fees as now provided by law for clerks of the District Courts of the Territory, and until otherwise provided by law shall also perform the services and be entitled to fees therefor that are now provided for clerks of Probate Courts.
Sec. 6. Upon a change from Territorial to State government the seals in use by the Supreme Court and the Territorial District Courts in and for the several counties respectively, shall pass to and become, until otherwise provided by law, the seals respectively of the Supreme Court and of the District Courts of the State in such counties.
Sec. 7. Prosecutions for criminal offenses against the laws of the Territory of Montana, pending at the time the State shall be admitted into the Union, shall not abate; but the same shall continue and be prosecuted in the name of the State of Montana, and the title of every such action shall be changed to conform to this provision.
Sec. 8. Parties who, at the time of the admission of the State into the Union, may be confined under lawful commitments, or otherwise lawfully held to answer for alleged violations of any of the criminal laws of the Territory of Montana, shall continue to be so confined or held until discharged therefrom by the proper courts of the State.
Sec. 9. All writs, processes, prosecutions, actions, causes of action, defenses, claims and rights of individuals, associations and bodies corporate existing at the time the State shall be
admitted into the Union, shall continue and be respectively executed, proceeded with, determined, enforced and protected under the laws of the State.
Sec. 10. All undertakings, bonds, obligations and recognizances in force at the time the State shall be admitted into the Union, which were executed to the Territory of Montana, or any officer thereof in his official capacity, or to any official board for the benefit of the Territory of Montana, are hereby respectively assigned and transferred to the State of Montana, to the State officer successor to said Territorial officer, or to the official board successor to the aforesaid official board, for the use of the State, as the case may be, and shall be as valid and binding as if executed under State law to the State, or State officer in his official capacity, or official board, for the benefit of the State; and all fines, taxes, penalties and forfeitures due or owing to the Territory of Montana or to any county, school district, or municipality therein, at the time the State shall be admitted into the Union, are hereby respectively assigned and transferred, and the same shall be payable to the State, county, school district or municipality, as the case may be, and payment thereof may be enforced under the laws of the State.
Sec. 11. All property, real and personal, and all moneys, credits, claims, demands and causes in action of every kind, belonging to the Territory of Montana at the time the State shall be admitted into the Union, are hereby assigned and transferred to, and shall be vested in, and become the property of the State of Montana.
Sec. 12. All obligations of the Territory of Montana, existing, in force and unpaid at the time of the admission of the State into the Union are hereby assumed by the State which shall and will well and truly pay the same.
Sec. 13. All matters, cases and proceedings, pending in any Probate Court in the Territory of Montana at the time the State shall be admitted into the Union, and all official records, files, moneys and other property of, or pertaining to such court, are hereby transferred to the District Court in and for the same county, and such District Court shall have full power and jurisdiction to hear, determine and dispose of all such matters, cases and proceedings.
Sec. 14. All actions, cases and proceedings, and matters which shall be pending in the Supreme and District Courts of Mon.