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cessary to their safety and happiness, provided such change be not to the constitution of the United States.

All persons are born equally free, and have certain natural, essenalienable rights, among which may be reckoned the right of enjoyfeuding their lives and liberties, of acquiring, possessing and proberty, and of seeking and obtaining their safety and happiness in all

The free exercise and enjoyment of religious profession and worbut discrimination, shall forever hereafter be guaranteed, and no 11 be denied any civil or political right or privilege on account hions concerning religion, but the liberty and conscience hereby all not be construed to dispense with oaths or affirmations, excuse ntiousness, by bigamous or polygamous marriage, or otherwise, or tices inconsistent with the good order, peace or safety of the state, to the civil authority thereof, or of the United States. No person quired to attend any place of worship or support any ministry, et or denomination, against his consent; nor shall any preference y law to any religious denomination or mode of worship.

All elections shall be free and open, and no power, civil or all at any time interfere to prevent the free exercise of the right

Courts of justice shall be open to every person, and a speedy orded for every injury of person, property or character; and that ustice shall be administered without sale, denial or delay.

The people shall be secure in their persons, papers, homes and n unreasonable searches and seizures, and no warrant to search or seize any person or thing, shall issue without describing the searched, or the person or thing to be seized, nor without probable orted by oath or affirmation, reduced to writing.

Criminal offenses of which justice courts and municipal and s, inferior to the district courts, have jurisdiction, shall, in all ior to the district court, be prosecuted by complaint. All criminal the district court except those on appeal, shall be prosecuted by

after examination and commitment by a magistrate, or after ed by the court, or shall be prosecuted by indictment without such

or commitment, or without such leave of the court. A grand onsist of seven persons, of whom five must concur to find an indict

jury shall only be drawn and summoned when the district judge discretion consider it necessary, and shall so order. Treason against the state shall consist only in levying war against hering to its enemies, giving them aid and comfort; no person victed of treason except on the testimony of two witnesses to the act, or on his confession in open court; no person shall be attainted or felony by the legislative assembly; no conviction shall work corblood or forfeiture of estate; the estates of persons who may r own lives shall descend or vest as in cases of natural death.

No law shall be passed impairing the freedom of speech; every be free to speak, write or publish whatever he will on any subresponsible for all abuse of that liberty; and that in all suits tions for libel. the truth thereof may be given in evidence; and nder the direction of the court, shall determine the law and the

No ex post facto law nor law impairing the obligation of conmaking any irrevocable grant of special privileges, franchises or shall be passed by the legislative assembly.

No person shall be imprisoned for debt except in the manner by law, upon refusal to deliver up his estate for the benefit of his in cases of tort, where there is strong presumption of fraud.

SEC. 13. The right of any person to keep or bear arms in defense of his own home, person and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein containesi shall be held to permit the carrying or concealed weapons.

SEC. 14. Private property shall not be taken or damaged for public use without just compensation having been first made to or paid into court for the owner.

SEC. 15. The use of all water now appropriated, or that may hereafter be appropriated for sale, rental, distribution or other beneficial use and the right of way over the lands of others, for all ditches, drains, flumes, canais and aqueducts, necessarily used in connection therewith, as well as the sites 201 for reservoirs necessary for collecting and storing the same, shall be held to be a public use. Private roads may be opened in the manner to be pre scribed by law, but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury, and such amount together with the expenses of the proceeding shall be paid by the person to be benefited.

SEC. 16. In all criminal prosecutions the accused shall have the right to appear and defend in person and by counsel; to demand the nature an cause of the accusation; to meet the witnesses against him face to face; have process to compel the attendance of witnesses in his behalf, and speedy public trial by an impartial jury of the county or district in whic the offense is alleged to have been committed, subject to the right of state to have a change of venue for any of the causes for which the defen ant may obtain the same.

SEC. 17. No person shall be imprisoned for the purpose of securing testimony in any criminal proceeding longer than may be necessary in ord to take his deposition. If he can give security for his appearance at time of trial he shall be discharged upon giving the same; if he cannot security, his deposition shall be taken in the manner prescribed by law, and the presence of the accused and his counsel, or without their presence, if the shall fail to attend the examination after reasonable notice of the time an place thereof. Any deposition authorized by this section may be received evidence on the trial, if the witness shall be dead or absent from the stat SEC. 18. No person shall be compelled to testify against himself, in! criminal proceeding, nor shall any person be twice put in jeopardy for same offense.

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SEC. 19. All persons shall be bailable by sufficient sureties, except capital offenses, when the proof is evident or the presumption great.

SEC. 20. Excessive bail shall not be required, or excessive fines impe or cruel and unusual punishment inflicted.

SEC. 21. The privilege of the writ of habeas corpus shall never be pended, unless in case of rebellion, or invasion, the public safety require it

SEC. 22. The military shall always be in strict subordination to the eff power; no soldier shall in time of peace be quartered in any house withd the consent of the owner, nor in time of war, except in the manner prescrib by law.

SEC. 23. The right of trial by jury shall be secured to all, and rem. inviolate, but in all civil cases and in all criminal cases not àmounting felony, upon default of appearance or by consent of the parties expressed i such manner as the law may prescribe, a trial by jury may be waived. a trial had by any less number of jurors than the number provided by lai A jury in a justice's court both in civil cases and in cases of criminal n. demeanor shall consist of not more than six persons. In all civil actio and in all criminal cases not amounting to felony, two-thirds in number the jury may render a verdict, and such verdict so rendered shall have t same force and effect as if all of such jury concurred therein.

SEC. 24. Laws for the punishment of crime shall be founded ou principles of reformation and prevention, but this shall not affect the power the legislative assembly to provide for punishing offenses by death.

25. Aliens and denizens shall have the same right as citizens to acchase, possess, enjoy, convey, transmit and inherit mines and mining and milling, reduction, concentrating and other works, and real propssary for or connected with the business of mining and treating ores rals: Provided, that nothing herein contained shall be construed to pon the authority of the United States to provide for the sale or of its mineral and other public lands.

26. The people shall have the right peaceably to assemble for the food, and to apply to those invested with the powers of government s of grievances by petition or remonstrance.

7. No person shall be deprived of life, liberty or property without ss of law.

28. There shall never be in this state either slavery or involuntude, except as a punishment for crime, whereof the party shall duly convicted.

9.

The provisions of this constitution are mandatory and prohibis by express words they are declared to be otherwise.

0.

The enumeration in this constitution of certain rights, shall not ed to deny, impair or disparage others retained by the people. 1. No armed person or persons or armed body of men shall be to this state for the preservation of the peace or the suppression ic violence, except upon the application of the legislative assembly governor when the legislative assembly cannot be convened.

ARTICLE IV.

DISTRIBUTION OF POWERS.

N 1. The powers of the government of this state are divided into inct departments: The legislative, executive and judicial, and no collection of persons charged with the exercise of powers properly to one of these departments shall exercise any powers properly beeither of the others, except as in this constitution expressly directed d.

ARTICLE V.

LEGISLATIVE DEPARTMENT.

1. The legislative authority of the state shall be vested in a assembly, consisting of a senate and house of representatives; but reserve to themselves power to propose laws, and to enact or reject it the polls except as laws relating to appropriations of money,

as to laws for the submission of constitutional amendments, and to local or special laws, as enumerated in Article V, Section 26, of tution, independent of the legislative assembly; and also reserve heir own option, to approve or reject at the polls, any act of the assembly, except as to laws necessary for the immediate preservapublic peace, health or safety, and except as to laws relating to ons of money, and except as to laws for the submission of constitudments, and except as to local or special laws, as enumerated in . 26. of this constitution. The first power reserved by the people ative and eight per cent of the legal voters of the state shall be propose any measure by petition; provided, that two-fifths of the ber of the counties of the state must each furnish as signers of n eight per cent of the legal voters in each county, and every on shall include the full text of the measure so proposed. Initiative all be filed with the secretary of state, not less than four months election at which they are to be voted upon.

cond power is the referendum, and it may be ordered either by med by five per cent of the legal voters of the state; provided, that of the whole number of the counties of the state must each furnish

as signers of said petition five per cent of the legal voters in such county, or, by the legislative assembly as other bills are enacted.

Referendum petitions shall be filed with the secretary of state, not later than six months after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people by the legislative assembly or by initiative referendum petitions.

All elections on measures referred to the people of the state shall be had at the biennial regular general election, except when the legislative assem-i bly, by a majority vote, shall order a special election. Any measure referred to the people shall still be in full force and effect unless such petition be signed by fifteen per cent of the legal voters of a majority of the wholef number of the counties of the state, in which case the law shall be inoperative until such time as it shall be passed upon at an election, and the result has been determined and declared as provided by law. The whole number of votes cast for governor at the regular election last preceding the filing of any petition for the initiative or referendum shall be the basis on which the number of legal petitions and orders for the initiative and for the referendum. shall be filed with the secretary of state; and in submitting the same to the people, he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially pro vided therefor. The enacting clause of every law originated by the initiative shall be as follows:

"Be it enacted by the people of Montana.”

This section shall not be construed to deprive any member of the legis ture of the right to introduce any measure.1

SEC. 2. Senators shall be elected for the term of four years, and repre sentatives for the term of two years, except as otherwise provided in thi constitution.

SEC. 3. No person shall be a representative who shall not have attaine the age of twenty-one years, or a senator who shall not have attained the a of twenty-four years, and who shall not be a citizen of the United State and who shall not (for at least twelve months next preceding his election have resided within the county or district in which he shall be elected,

SEC. 4. The legislative assembly of this state, until otherwise provide by law, shall consist of sixteen members of the senate, and fifty-five member of the house of representatives.

It shall be the duty of the first legislative assembly to divide the stat into senatorial and representative districts, but there shall be no more that one senator from each county. The senators shall be divided into two classe Those elected from odd numbered districts shall constitute one class, am those elected from even numbered districts shall constitute the other class and when any additional senator shall be provided for by law his class sha be determined by lot.

One-half of the senators elected to the first legislative assembly shall bo office for one year, and the other half for three years; and it shall be deter mined by lot immediately after the organization of the senate, whether t senators from the odd or even numbered districts shall hold for one or thre years.

SEC. 5. Each member of the first legislative assembly, as a compens tion for his services shall receive six dollars for each day's attendance, an twenty cents for each mile necessarily traveled in going to and returning fro the seat of government to his residence by the usually traveled route, and shal receive no other compensation, requisite or allowance whatsoever.

No session of the legislative assembly, after the first, which may ninety days, shall exceed sixty days.

After the first session, the compensation of the members of the legislatių

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1 Amendment proposed by the legislative assembly of 1905 and ratified at the election of November 6, 1906, and declared adopted by a proclamation of the governot issued December 7, 1906.

shall be as provided by law; provided, that no legislative assembly ts own compensation.

6. The legislative assembly (except the first) shall meet at the vernment at twelve o'clock noon, on the first Monday of January, eding the general election provided by law, and at twelve o'clock, the first Monday of January, of each alternate year thereafter, and imes when convened by the governor.

erm of service of the members thereof shall begin the next day relection, until otherwise provided by law; provided, that the first assembly shall meet at the seat of government upon the proclamahe governor after the admission of the state into the union, upon be named in said proclamation, and which shall not be more than less than ten days after the admission of the state into the union. 7. No senator or representative shall, during the term for which have been elected, be appointed to any civil office under the state; ember of congress, or other person holding an office (except notary in the militia) under the United States or this state, shall be of either house during his continuance in office.

No member of either house shall, during the term for which have been elected, receive any increase of salary or mileage under assed during such term.

1. The senate shall, at the beginning and close of each regular sesat such other times as may be necessary, elect one of its members pro tempore. The house of representatives shall elect one of its peaker. Each house shall choose its other officers, and shall judge of ns, returns, and qualifications of its members.

9. A majority of each house shall constitute a quorum to do busismaller number may adjourn from day to day, and compel the atof absent members in such manner and under such penalties as e may prescribe.

1.

Each house shall have power to determine the rules of its proand punish its members or other persons for contempt or disorderly in its presence; to protect its members against violence or offers or private solicitation, and with the concurrence of two-thirds, to ember, and shall have all other powers necessary for the legislative of a free state.

mber expelled for corruption shall not thereafter be eligible to ise of the legislative assembly; and punishment for contempt or behavior all not bar a criminal prosecution for the same offense. 2. Each house shall keep a journal of its proceedings and may, in ion, from time to time, publish the same, except such parts as require nd the ayes and noes on any question, shall, at the request of any ers, be entered on the journal.

3. The sessions of each house and of the committees of the whole pen unless the business is such as requires secrecy.

14.

Neither house shall, without the consent of the other, adjourn than three days, nor to any other place than that in which the two ll be sitting.

15. The members of the legislative assembly shall, in all cases, eason, felony, violation of their oath of office and breach of the privileged from arrest during their attendance at the sessions of ective houses, and in going to and returning from the same; and peech or debate in either house they shall not be questioned in any

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16. The sole power of impeachment shall vest in the house of repes; the concurrence of a majority of all the members being necese exercise thereof. Impeachment shall be tried by the senate sitting purpose and the senators shall be upon oath or affirmation to do cording to law and evidence. When the governor or lieutenantis on trial the chief justice of the supreme court shall preside. No

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