xt7dv40jwr51 https://exploreuk.uky.edu/dips/xt7dv40jwr51/data/mets.xml Montana United States Works Progress Administration 1937 Other contributors include: Robert C. Lowe (Robert Chapin) and David S. Lander under the supervision of A. Ross Eckler; 13 pages, 27 cm; This bulletin is one of a series presenting state constitutional provisions affecting public welfare; Includes bibliographical references; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Call number Y 3.W 89/2:36/M 76 books English Washington D.C.: Works Progress Administration Contact the Special Collections Research Center for information regarding rights and use of this collection. Analysis of Constitutional Provisions Affecting Public Welfare in the State of Montanta text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Montanta 1937 2015 true xt7dv40jwr51 section xt7dv40jwr51 ' .
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  WORKS RROGRESS.ADI/IINISTRATION
A A HARRY L. HOPKINS, ADMINISTRATOR
CORRINGTON GILL, AssIsrANT ADMINISTRATOR
Q , H0wAR0 B. MYERS, DIRECTOR
` Dnvnsnow OF SOCIAL RESEARCH
_ vANALYS|S OF CONSTITUTIONAL PROVISIONS
I AEEECTING TRUBLIC WELFARE IN THE STATE OF
• ‘ MONTANA
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JULY 9, l957 I
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PREPARED BY
ROBERT C. LOWE AND DAv1D S. LARDER _ I
LEGAL RESEARCH SECT\ON - g
UNDER THE SUPERVISION OF
A. Ross ECKLER, COORDINATOR OF SPECIAL INQDTRIEE •
D|V\5|ON OF SOCIAL RESEARCH
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PREFACE
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This bulletin is one of a series presenting
State constitutional provisions affecting public wel-
fare, prepared to supplement the State by State digests
• of public welfare laws so as to provide in abstract
form the basis for the public welfare services of the
several States.
The provisions quoted are those concerned
directly with public welfare administration and such
• others as may substantially affect a public welfare
. program, even though only indirectly related. It would ·
be impossible to consider within the limits of this
· study every remotely connected constitutional provi-
sion. The indirectly related provisions included,
therefore, have been restricted to those concerning
' finance, legislation, and the methods of constitutional
amendment.
An attempt has been made,by a careful selec-
tion of the most recent cases decided by the highest
courts of the States, to indicate wherever possible how
° these provisions have been construed. These cases are
included in footnotes appended to the constitutional
provisions shown.
It 1s hoped that these abstracts will be
I useful to those interested in public welfare questions
° ln indicating how State and local public welfare admin-
istration may be affectedby constitutional powers and
limitations.
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V CONTENTS
A Page
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Incidence of Responsibility for Welfare Program. ................. 1
Financial Powers and Limitations ................................. 2
Taxation and Assessments .................................... 2
Q EX€m'pt»10l'1S-•••.••••••.•••.•••••.•••••.•.•••»••••••·••..••••• 5
Borrowing and Use of Credit ................................. 5
O OCYIBP II'lCOIl`l€•••·•»•••••••••.••••.•••••••..•••••.·••••••••••• 8
` Appropriations and Expenditures. ....... . .................... 8
Provisions Affecting Legislation ................................. 9
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Constitutional Amendment or Revision ............................. 12
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 E . Montana
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ANALYSIS OF CONSTITUTIONAL PROVISIONS AFFECTING
( PUBLIC WELFARE IN MONTANA1
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I. Incidence of Responsibility for Welfare Program
• A. Educational, reformatory and penal institutions, and those
for the benefit of the insane, blind, deaf and mute, soldiers home, and
p such other institutions as the public good may require, shall be estab—
  lished and supported by the state in such a manner as may be prescribed
{ by 1aw.2
  •
B. The several counties of the state shall provide as may be
. prescribed by law for those inhabitants, who, by reason of age, infirmity
or misfortune, may have claims upon the sympathy and aid of society.5
C. No appropriation; shall be made for charitable, industrial,
• educational or benevolent purposes to any person, corporation or commu-
‘ nity not under the absolute control of the state, nor to any denomina—
· tional or sectarian institution or association.4
° 1Constltut1on (1889), as published by the State Publishing Company, Helena, Montana,
wlth all amendments to July 9, 1957.
Art. III, Sec. 29 of the Constltutlon provides that "The provlslons of this
constltutlon are mandatory and prohlbltory, unless by express words they are declared
I to be otherw1se.”
* The Supreme Court 1n an oplnlon stated that ••exce;t for the llmltatlons placed
, upon the power of the Legislature. >•= >•< >•=, by the Constltutlon of the United States
` ° and, * * >•<, bythe Constltutlon of the state, the wlll of the leglslatlve body may
` be freely exercised ln all leglslatlve matters. >•< >•< >•= The state Constitution is
. not a grant of, but a llmltatlon upon, power exercised by the several departments ot
state government." State ex rel. Dufresne vs. Leslie, IOO Mont. 449, 50 P. (2d) 959
· (1935).
· zConst1tutlon, Art. X, Sec. 1.
° 3Constltutlon, Art. X, Sec. 5.
The tact that this section makes It the duty of the countles to provide for the
· support and care of unfortunates was held not to prevent the Legislature from like-
wise maklng provlslon for the State to assist ln the support of the poor as the beg-
lslature may exercise all legislative power not prohlblted by the Constltutlon. Mills
vs'. State Board of Equallzatlon, 97 Mont. 15, 55 P. (Pd) 565 (1954); State ex rel.
Normlle vs. Cooney, IOO Mont. 591, 4'7 P. (2d) 65*7 (1955).
•
4Const1tutlon, Art. V, Sec. 55.
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2 Montana
II. Financial Powers and Limitations · : 
A. Taxation and Assessments5 °
(1) state ’
(a) The necessary revenue For the support and mainte-  
nance of` the state shall be provided by the legislative assembly, which =
shall levy a uniform rate of` assessment and taxation, and shall prescribe • . 
such regulations as shall secure a just valuation for taxation of all [
property, except that especially provided for in this article. The leg-
islative assembly may also impose a license tax, both upon persons and •
upon corporations doing business in the state.6
(b) Taxes shall be levied and collected by general  
laws and For public purposes only. They shall be uniform upon the same l
class of` subjects within the territorial limits of the authority levying I 
the tax.7 U Y
5Art. XII of the Constitution of this State relates principally to the powers of ,
taxation. The pertinent provisions of this article are Included herein under par.
(a) above, to sub-section B, p. 5 inclusive, and In pars. (2) and (5). D. 8. The
restrictions contained In Art. XII were held not to apply to license taxes. State
vs. Camp Sing, 18 Mont. 128, 44 P. 516 (1896).
In a later case the court In affirming the above holding stated that In the •
previous caselt had Mrevlewed at great length the several provisions of Article XII,
explained their purpose, and reached the conclusion, In effect, that all the provi-
slons Imposed by that article are restr1ctlons with reference to property taxat1on."
The court further stated that the correctness of the decision reached in the fore-
going case was beyond question. Hllger vs. Moore, 56 Mont. 146. 182 P. 477 (1919).
6Const1tut1on, Art. XII, Sec. 1.
It was neld that the two methods of taxation mentioned ln this section were not •
exclusive and that the Legislature had the power to adopt other methods of taxation
which were not prohibited by some other section of the Constitution. State vs. Dris-
coll, 101 Mont. 548. 54 P. (2d) 571 (1956).
The first sentence of this section was held to deal exclusively with property
taxation. Northwestern Mutual Life Insurance Company vs. Lewis and Clark County, 28
Mont. 484. 72 P. 982 (1905); Hilger vs. Moore, 56 Mont. 146, 182 P. 477 (1919). ·
A statute which provided for the division of real and personal property Into
seven groups and directedthe taxation of each group at a different percentage of the •
assessed value was held valid. The court stated, (1) that this section must be con-
strued together wlth Art. XII, Sec. 11 (see p. 5, par. (c)); (2) that this section
required only that the assessment of property(that 1s the rule for ascertaining val- -
ues), must be unlform; (5) that the Montana rule was not that taxes must be uniform
throughout the taxing district, but only that taxes must be uniform upon the same class I
of property within the taxing district; (4) that such classification for purposes of
taxitlon would notvlolate the Fourteenth Amendmentto the Federal Constitution so long
as lt was practlcal and not obvlously arbitrary. Hilger vs. Moore, 56 Mont. 146, 182 •
P. 477 (1919).
A grlduated Income tax was held to be an "exc1se" tax rather than a "property"
tax and therefore not subject to the restrictions of this section. 0*Connell vs.
Stlte Board of Equalization. 95 Mont. 91, 25 P. (2d) 114 (1955). Mills vs. State
Board of Equalization. 97 Mont. 15. 55 P. (2d) 565 (1954).
An Inheritance tax was held to be not a property tax but a tax on the privilege
of acquiring property by inheritance. State ex rel. Davis vs. State Board of Equal-
Ixatlon of Montana, 64 P. (2d) 1057 (1957); Gelsthorpe vs. Furnell, 20 Mont. 299, 51 •
P. 267 (1897).
see footnote 5. above.
7Const1tut1on, Art. XII. Sec. 11.
This section was held to relate to property taxes only and not to lnherltance
taxes. State ex rel. Ranx1n vs. Dlstrlct Court, 70 Mont. 522. 225 P. 804 (1924). ·
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Montana 3
· II. Financial Powers and Limitations-—Continued
•
A. Taxation and Assessments——·Continued
(1) State-—-Continued
(c) The rate of taxation on real and personal prop-
• erty for state purposes, except as hereinafter provided, shall never ex-
ceed two and one-half mills on each dollar of valuation; and whenever the
, taxable property of the state shall arnount to six hundred million dollars
($600,000,000.00) the rate shall never exceed two (2) mills on each dol-
lar of valuation, unless the proposition to increase such rate, specify-
ing the rate proposed and the time during which the rate shall be levied
shall have been submitted to the people at the general election and shall
• have received a majority of all votes cast for and against it at such
election; Provided, That in addition to the levy for state purposes above
provided for, a special levy in addition may be made on livestock for the
purpose of paying bounties on wild animals and for stock inspection, pro-
tection and indemnity purposes, as may be prescribed by law, and such
special levy shall be made and levied annually in amount not exceeding
• four mills on the dollar by the state board of equalization, as may be
provided by law.B
· (d) The word property as used in this article is hereby
. declared to include moneys, credits, bonds, stocks, franchises and all
· • matters and things (real, personal and mixed) capable of private owner- I
ship, but this shall not be construed so as to authorize the taxation of i
the stocks of any company or corporationlwhen the property of such com-
pany or corporation represented by such stocks is within the state and
has been taxed.9
O
The classification referred to in this section was held to be the classification
of property. It was further stated that the rule ln Montana requires taxation to be
unlrorm only upon the same class of property throughout the taxing district, and that
such a classification would not violate the Fourteenth Amendment to the Federal Con- I
stitutlon lf 1t was practlcal and not obviously arbitrary. Hllger vs. Moore, 56 Mont.
146,182 P. 477 (1919).
. See p. 2, par. (a), and footnote 5,.
•
- BConst1tut1on, Art. XII, Sec. 9.
A graduated lncome tax was held not to be a property tax and therefore not sub- _
ject to this section. O'Connell vs. State Board of Equalization, 95 Mont. 91, 25 P.
. (2d) 114 (.1933); affirmed. Mills vs. State Board of Equalization, 97 Mont. 13, 33 P. .
(2d) 563 (1934).
See D. 2, footnote 5.
9Const1tut1on, Art. XII, Sec. 17.
’ This section was held to have no effect upon the classlficatlon of property for
taxation purposes for the reason that the definition of property thereln contalned
_ was ¤1·ntended·as a limitation upon the power of the Legislature to extend, by Indi-
rection, the exemptions authorized or commanded by section 2 [see p. 5. Dar. 13].**
Hllger vs. moore, 56 Mont. 146, 182 P. 477, 481 (1919); O'Conne1l vs. State Board of
· Equallzatlon, 95 Mont. 91, 25 P. (2d) 114, 118 (1935).
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4 Montana
II. Financial Powers and Limitations——Continued ·
•
A. Taxation and Assessments-—Continued
(1) State—Continued
(e) All mines and mining claims, both placer and rock
in place, containing or bearing gold, silver, copper, lead, coal or other •
valuable mineral deposits, after purchase thereof from the United States,
shall be taxed at the price paid the United States therefor, unless the
surface ground, or some part thereof, of such mine or claim, is used for •
other than mining purposes, and has a separate and independent value for
such other purposes, in which case said surface ground, or any part there-
of so used for other than mining purposes, shall be taxed at its value
for such other purposes, as provided by law; and all machinery used in min-
ing, and all property and surface improvements upon or appurtenant to •
. mines and mining claims which have a value separate and independent of
such mines or mining claims, and the annual net proceeds of all mines and
mining claims shall be taxed as provided by law.1O
(f) The legislative assembly may levy and collect
taxes upon incomes of persons, firms and corporations for the purpose of '
replacing property taxes. These income taxes may be graduated and pro- »
gressive and shall be distributed to the public schools and to the State ·
Government . 1 1
(g) No county, city, town or other municipal corpora- •
tion, the inhabitants thereof nor the property therein, shall be released
or discharged from their or its proportionate share of state taxes.12
(h) The power to tax corporations or corporate prop-
erty shall never be relinquished or suspended, and all corporations in
this state, or doing business therein, shall be subject to taxation for •
state, county, school, municipal and other purposes, on real and personal
property owned or used by them and not by this constitution exempted from
taxat1on.1z
1OConst1tut1on, Art. XII, Sec. 5. •
11Const1tut1on, Art. XII, Sec. 1 (a), adopted 1954.
This amendment was proposed at the same sesslon of the Legislature wh1ch enacted
a graduated 1ncome tax statute. The court held the lncome tax statute Valid prior
to the adoption of this section, and stated ln 1ts opinion that the fact that this
amendment had been proposed d1d not affect the decision. 0'Connell vs. State Board
of Equalization, 95 Mont. 91, 25 P. (2d) 114 (1955).
12Const1tut1on, Art. XII, Sec. 6. °
13Const1tut10n, Art. XII, Sec. 7.
This section was held to prevent the granting of corporate charters containing
provisions exempting the corporations from taxation, elther for the term of their
exlstence or for a period of tlme. Mills vs. State Board of Equalization. 97 Mont.
15, 55 P. (zd) 565 (1954). .
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Montana 5
g  · II. Financial Powers and Limitations-Continued ’
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A. Taxation and Assessments—Continued
(2) Counties and Other Local Units
(a) The legislative assembly shall not levy taxes upon
the inhabitants or property in any county, city, town, or municipal cor-
° poration for county, town, or municipal purposes, but it may by law invest
in the corporate authorities thereof powers to assess and collect taxes
• for such purposes.14
V (b) Taxes for city, town and school purposes may be
y levied on all subjects and objects of taxation, but the assessed valuation
of any property shall not exceed the valuation of the same property for
  state and county purposes.15
B. Exemptions
The property of the United States, the state, counties,
cities, towns, school districts, municipal corporations and public libra-
I ries shall be exempt from taxation; and such other property as may be used
exclusively for the agricultural and horticultural societies, for educa-
•
tional purposes, places for actual religious worship, hospitals and places
of burial not used or held for private or corporate profit, institutions
· of purely public charity and evidences of debt secured by mortgages of
record upon real or personal property in the state of Montana, may be
exempt from taxation. 16
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C. Borrowing and Use of Credit
(1) State
(a) Neither the state, nor any county, city, town,
municipality, nor other subdivision of the state shall ever give or loan
' its credit in aid of, or make any donation or grant, by subsidy or other-
wise, to any individual, association or corporation, or become a subscriber
to, or a shareholder in, any company or corporation, ora joint owner with
14Const1tut1on, Art. XII, Sec. 4.
· See p. 2, footnote 5.
l5Constltut1on, Art. XII, Sec. 5.
. See p. 2, par. (b).
l6Const1tut1on, Art. XII, Sec. 2.
State and county bonds ln prlvate hands were held subject to taxation. The
court held (1)·that the property of the *•Un1ted States, the state, counties, cities,
• towns, school districts, municipal corporajtlons and public 11brar1es” must be exempt
from taxation; (2) that the other property mentlonedln this section could be exempted
by the Legislature in its discretion; and (5) that the Legislature could not exempt
any class of property not mentioned in this section. Cruse vs. Fischl, 55 Mont.
258, 1'75 P. 878 (19187; Town ot Cascade vs. Cascade County,'75Mont. 304, 245 P. 806
(1926).
· See p. 2, footnote 5.
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6 Montana
II. Financial Powers and Limitations—Continued · _ 
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C. Borrowing and Use of Credit-·-Continued ‘
(1) state-com.1nuea I
any person, company or corporation, except as to such ownership as may
accrue to the state by operation or provision of law.17 •
(b) The legislative assembly shall not in any manner
create any debt except by law which shall be irrepealable until the in-
debtedness therein provided for shall have been fully paid or discharged; °
such law shall specify the purpose to which the funds so raised shall be
applied and provide for the levy of a tax sufficient to pay the interest  
on, and extinguish the principal of such debt within the time limited by ,
such law for the payment thereof; but no debt or liability shall be cre-
ated which shall singly, or in the aggregate with any existing debt or • p
liability, exceed the sum of one hundred thousand dollars ($100,000) ex-
cept in case of war, to repel invasion or suppress insurrection, unless
the law authorizing the same shall have been submitted to the people at I
a general election and shall have received a majority of the votes cast .
for and against it at such election.18 •
17
Constitution, Art. XIII, Sec. 1.
A statute authorizing countles to borrow for the purpose of furnishing seed
grain to needy farmers was held to be a form of poor relief and not to violate this
section. It was further held that this section must be construed together with
Art. X, Sec. 5 (see p. 1, par. B) and that when a donation or loan was a measure •
of poor relief there was no violation of this section. In its opinion the court
stated that "the origin and purpose of the restrictions In Section 1, Article XIII,
are well known. They arose in a time when the evils of public aid to railroads were
notorious: they were Intended to prevent the extension of such aid to either 1nd1- r
vlduals or corporations for the purpose of fostering business enterprises, whether
of a semlpubllc or pr1vate nature; they had and were designed to have no reference
whatever to sultable measures, elsewhere commanded, for the relief of the poor.”
The court further held that poor relief measures were not confined to paupers in •
poorhouses, but Included reasonable measures which might prevent needy persons from
becoming public charges. State ex rel. Cryderman vs. wienrich, 54 Mont. 390, 170 P.
942 (1918).
Statutes authorizing the construction of school buildings, tuberculosis sana-’
torla, water works, and similar projects to be financed by revenue bonds were held
not to violate this section since they were all publlc projects. Barbour vs. State
Board of Education, 92 Mont. 321, 13 P. (2d) 225 (1932); State ex rel. Veeder vs.
State Board of Education, 97 Mont. 121, 33 P. (2d) 516 (1934); State ex rel. Hawkins 9
vs. State Board of Examiners, 97 Mont. 441, 35 P. (2d) 116 (1934); State ex rel.
Normile vs. Cooney, 1OO Mont. 391, 47 P. (2d) 637 (1935). See footnote 18, below.
mcensututlon, Art. XIII, see. 2.
warrants or treasury notes issued In anticipation of taxes already levied, but
not yet collected, were held not to constitute a debt within the meaning of this
section. State ex rel. Rankin vs. State Board of Examiners, 59 Mont. 557, 197 P.
986 (1921). ,
Bonds Issued to fund outstanding warrants were held not to constitute debts
within the meaning of this section, but to be merely new evidences of existing obli-
gations. State ex Fel. Tipton vs. Erickson, 93 Mont. 466, 19 P. (2d) 227 (1933).
Bonds Issued to finance the erection of school buildings, tuberculosis sana-
torla, water works) and similar projects, payable out of income other than taxation
. and not being obligations of the State, were held not to constitute debts within the ·
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Montana. 7
 _ · II. Financial Powers and Limitations——Continued
•
 é C. Borrowing and Use of Credit——Continued
‘ (1) State—Continued
 § (c) All moneys borrowed by or on behalf of the state
  or any county, city, town, municipality or other subdivision of the state,
 ? • shall be used only for the purpose specified in the law authorizing the
l loan.19
Y  , (d) The state shall not assume the debt, or any part
thereof, of any county, city, town or municipal corporation.20
· (e) The le islative assembl shall have no ower to
S Y P
_ pass any law authorizing the state, or any county in the state, to con-·
tract any debt or obligation in the construction of any railroad, nor give
, or loan its credit to or in aid of the construction of the same.21
i (2) Counties
No county shall be allowed to become indebted in any
manner, or for any purpose, to an amount, including existing indebtedness,
in the aggregate, exceeding five (5) per centum of the value of the tax-
• able property therein, to be ascertained by the last assessment for state
and county taxes previous to the incurring of such indebtedness, and all
. bonds or obligations in excess of such amount given by or on behalf of
such county shall be void. No county shall incur any indebtedness or
liability for any single purpose to an amount exceeding ten thousand dol-
, lars ($10,000) without the approval of a majority of the electors thereof,
voting at ,an election to be provided by law.22
(3) other Local units
No city, town, township or school district shall be
allowed to become indebted in any manner or for any purpose to an amount,
’ including existing indebtedness, in the aggregate exceeding three (3) per
meaning of this section. The court held that this section contemplated only those
obligations which would necessitate taxatlon for their eventual payment. Barbour
vs. State Board of Education, 92 Mont. 521, 15 P. (2d) 225 (1952); State ex rel.
Veeder vs. State Board of Education, 97 Mont. 121, 55 P. (2d) 516 (1954); State ex
rel. Blume vs. State Board of Education of Montana, 97 Mont. 571, 54 P. (2d) 515;
° State ex rel. Hawkins vs. State Board of Examiners, 97 Mont. 441. 55 P. (2d) 116
(1954); State ex rel. Normlle vs. Cooney, 100 Mont. 591, 47 P. (2d) 657 (1955).
19Const1tut1on, Art. XIII, Sec. 5.
2OConstltut1on, Art. XIII, Sec. 4.
V 21Const1tut1on. Art. V, Sec. 58.
• 22Const1tut10n, Art.` XIII. Sec. 5.
This section was held to place a llmlt upon lndebtedness or 5 percent or the
full cash value or the taxable property ln a county, rather than S percent ot the
assessed value, slnce the basis of taxation at the time the Constitution was adopted
was the full cash value. However the Legislature was held to have the power to place
a llmltatlon upon county indebtedness of less than that set out ln this section.
· State ex rel. Henderson vs. Dawson County, 87 Mont. 122, 286 P. 125 (1950).
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8 Montana
II. Financial Powers and Limitations-—-Continued ·
° .
C. Borrowing and Use of Credit-Continued y
(3) Other Local Units-—Continued
centum of the value of the taxable property therein, to be ascertained by ; 
the last assessment for state and county taxes previous to the incurring  
of such indebtedness, and all bonds or obligations in excess of such amount • ( 
given by or on behalf of such city, town, township or school district (
shall be void; Provided, however, That the legislative assembly may extend •
the limit mentioned in this section, by authorizing municipal corporations
to submit the question to a vote of the taxpayers affected thereby, when
such increase is necessary to construct a sewerage system or to procure
a supply of water for such municipality which shall own and control said
water supply and devote the revenues derived therefrom to the payment of (
the ae¤t.2$ °
D. Other Income
The public school fund of the state shall consist of the
proceeds of such lands as have heretofore been granted, or may hereafter
be granted, to the state by the general government, known as school lands; · .
and those granted in lieu of such; lands acquired by gift or grant from
any person or corporation under any law or grant of the general govern-
ment; and of all other grants of land or money made to the state from the ·
general government for general educational purposes or where no other,
special purpose is indicated in such grant; all estates, or distributive
shares of estates that may escheat to the state; all unclaimed shares and °
dividends of any corporation incorporated under the laws of the state,
and all other grants, gifts, devises or bequests made to the state for
general educational purposes.24
E. Appropriations and Expenditures
•
(I) No money shall be paid out of the treasury except upon
appropriations made by law, and on warrant drawn by the proper officer in
pursuance thereof, except interest on the public—debt.25
(2) All taxes levied for state purposes shall be paid into
the state treasury, and no money shall be drawn from the treasury but in •
pursuance of specific appropriations made by law.26
(3) No appropriation shall be made nor any expenditures
authorized by the legislative assembly whereby the expenditures of the
25Constitut1on, Art. XIII, Sec. 6. °
24Const1tut1on, Art. XI, Sec. 2.
25Const1tut1on, Art. V, Sec. 34.
‘“°Constitut1on, Art. XII, Sec. 10.
_ See p. 2, footnote 5. ·
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Montana 9  
e E
· II. Financial Powers and Limitations—Continued _ 1
  ~
E. Appropriations and Expenditures-—Continued
state during any fiscal year shall exceed the total tax then provided for
by law, and applicable to such appropriation or expenditure, unless the
legislative assembly making such appropriation shall provide for levying
· a sufficient tax, not exceeding the rate allowed in section nine (9) of
this article,[see p. 3, par. (c)] to pay such appropriations or expend-
itures within such fiscal year. This provision shall not apply to appro-
• priations or expenditures to suppress insurrection, defend the state, or
assist in defending the United States in time of war. No appropriation
of- public moneys shall be made for a longer term than two years.27
(4) Neither the legislative assembly, nor any county, city,
town, or school district., or other public corporations, shall ever make
• ` directly, or indirectly, any appropriation, or pay from any public fund
or moneys whatever, or make any grant of lands or other property- in aid I
. of any church, or for any sectarian purpose, or to aid in the support of “
any school, academy, seminary, college, university, or other literary, (
A scientific institution, controlled in whole or in part by any church, sect
, or denomination whatever.28 l p
· ( III. Provisions Affecting Legislation
A. Regular Sessions of Legislature `
• (1) The legislative assembly (except the first) shall meet
at the seat of government at twelve o'clock noon, on the first Monday of
January, next succeeding the general election provided by law, and at
twelve_o'clock noon, on the first Monday of January, of each alternate
year thereafter, and at other times when convened by the governor.29
• 2; $,4 7,.
(2) * "‘ * No session of the legislative assembly, * *¥* *
shall exceed sixty days.5O =¥° * *
B. Special Sessions of Legislature
He [the Governor] may on extraordinary occasions convene
° the legislative assembly by proclamation, stating the purposes for which
it is convened, but when so convened, it shall have no power to legislate
_ on any subjects other than those specified in the proclamation, or which
I may be recommended by the governor, but may provide for the expenses of
 n • 27Const1tut1on, Art. XII, Sec. 12.
p See p. 2, footnote 5.
28C0nst1tut1on, Art. XI, ·Sec. B.
r 29Const1tut1on, Art. V, Sec. 6.
Q 3OConstitut10n, Art. V. Sec. 5.
•

 •
10 Montana
III. Provisions Affecting Legislation-Continued ·
B. Special Sessions of Legislature—Continued •
the session and other matters incidental thereto. He may also by procla-
mation convene the senate in extraordinary session for the transaction
of executive business.51
C. Powers of Initiative and Referendum •
The legislative authority of the state shall be vested in
a legislative assembly, consisting of a senate and house of representa- •
tives; but the people reserve to themselves power to propose laws, and to
enact or reject the same at the polls, except as to laws relating to ap-
propriations of money, and except as to laws for the submission of con-
stitutional amendments, and except as to local or special laws, as enumer-
ated in article V, section 26, [see p. 11, par. (4)] of this constitution, ·
independent of the legislative assembly; and also reserve power, at their
own option, to approve or reject at the polls, any act of the legislative
assembly, except as to laws necessary for the immediate preservation of
the public peace, health, or safety, and except as to laws relating to
appropriations of money, and except as to laws for the submission of con-
stitutional amendments, and except as to local or special laws, as enumer— °
ated in article V, section 26, of this constitution. The first power
reserved by the people is the initiative and eight per cent. of the legal · `
voters of the state shall be required to propose any measure by petition;
Provided, That two-fifths of the whole number of the counties of the state
must each furnish as signers of said petition eight per cent. of the legal •
voters in such county, and every such petition shall include the full
text of the measure so proposed. Initiative petitions shall be filed with
the secretary of state, not less than four months before the election at
which they are to be voted upon.
The second power is the referendtuu, and it may be ordered •
either by petition signed by five per cent. of the legal voters of the
state, provided that two-fifths 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.
Referendtun petitions shall be filed with the secretary of °
state, not later`than six months after the final adjournment of the ses-
sion of the legislative assembly which passed the bill on which the ref- I
erendum is demanded. The veto power of the governor shall not extend to E
____..._..... ¤ 
• . 
51C0nstltut1on, Art. VII, Sec. 11. _
The Legislature was held to have power to enact at a special session legislation
Incidental, or germane, to the subjects expressed in the G0vernor's proclamation.
slnce the proclamation must be construed liberally. Pierson vs. Hendrlcksen, 98 ,
Mont. 244, sa P. (zu) 991 (1934). ·
  V

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A Montana · 11
· III. Provisions Affecting Legislation—Continued
  V
C. Powers of Initiative and Referendum—Continued
l measures referred to the people bythe legislative assembly or by initi-
ative referendum petitions.32 *‘·* * *
, D. Legislative Enactment
(1) (No bill for the appropriation of money, except for the
• j 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.53
‘ (2) No bill shall be considered or become a law unless re-
1 j [`erred to a