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Full text of "Messages and state papers of Governor S. V. Stewart of Montana. 1913-1920"

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STATE Lui _ig IS 



MESSAGES 

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STATE PAPERS 



OF 



Governor S. V. Stewart 

OF 

1913— MONTANA— 1920 








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MESSAGES 



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Governor S. V. Stewart 



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MONTANA 



1913 — 1920 



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TABLE OF CONTENTS 



Thirteenth Assembly (1913) 5-13 

Fourteenth Assembly (1915) 15-44 

Fifteenth Assembly (1917) 45-63 

Fifteenth Assembly (Extraordinary, 1918) 65-74 

Sixteenth Assembly (1919) 75-116 

Sixteenth Assembly (Extraordinary, 1919) 119-129 

Proclamations 131-139 



THIRTEENTH ASSEMBLY 

1913 



MESSAGE. 



Mr. President and Members of the Thirteenth Legislative Assembly: 

The laws of Montana require that the Governor submit to you at 
this time such information and recommendations as he may deem perti- 
nent. The same Constitution and Statutes define the respective func- 
tions of the three branches of the government. The chief present con- 
cern, therefore, involves an intelligent understanding not alone of the 
legal duty but as well of the official and personal obligation imposed 
thereby. 

No one of us was elected to office as a personal compliment or as 
a means of affording a holiday. Public office may or may not prove 
pleasant and satisfactory to the individual, but it should always carry 
serious responsibility. The truest and most enduring satisfaction to be 
derived from official life must ever result from calm and serene con- 
templation of a work completed and well done rather than from care- 
less ease and comfort in office. 

The Thirteenth Legislative Assembly may and should make a record 
for efficiency that will compare most favorably with any past session. 
To do this two things are essential and should at all times be kept ^n 
mind: 

First: A clear understanding of the finances of the State and a 
consistent application of that knowledge in making appropriations; 

Second: A full realization of the fact that the people who sent us 
here as their representatives have declared at the polls in no unmistak- 
able terms that certain reforms must be forthcoming. 

Care in Appropriations. 

Our State is rich in resources but not in ready money. Our insti- 
tutions are building and need cash. However laudable may be the ambi- 
tion and desire to speedily complete and equip them and thereby enlarge 
the immediate scope of their influence, we must face the fact that there 
is only a limited sum available. Care must be exercised in all matters 
touching appropriations. It is the duty of every member to carefully 
study the various financial statements submitted. 

A contract exists today between the people on the one side and the 
present administration on the other. We made a proposal, either per- 
sonally or through the medium of the platform of principles upon which 
we stood for office, that if successful we would enact certain measures 
of proposed legislation. The people accepted the proposition. The minds 
met and there was a complete contract. Its terms are plain, specific and 
entirely possible of execution. Nothing now remains to prevent our 
living up to each obligation thereof. A failure to give to the people the 
promised reforms can be nothing short of repudiation. Our duty, there- 
fore, is evident, although it may not be performed without much studi- 
ous effort. 

My part is to recommend and approve. The former I do most 
emphatically, and the latter I stand ready to cheerfully perform. You 
are now face to face with your convenant of the contract. Prompt and 
effective fulfillment is confidently expected. 

Subjects of Leg-islatioji. 

The reforms which the people demand were promises not only by the 
majority party, but were included in the platform declarations and 
pledges of all three of the political parties represented in the member- 
ship of this Assembly, and include the following: 

A law providing for a Tax Commission with full power to adjust 
and equalize the assessment of property. This may be accomplished by 
the enlargement of the powers of the present Board of Equalization; by 



S THIRTEENTH ASSEMBLY 

the creation of a new Board; or the power may be vested in some Board 
already in existence. The former seems the more feasible. 

A Public Service Commission law. The business of public service 
corporations operating in Montana should be regulated. The present 
Board of Railroad Commissioners can do this work and thereby obviate 
the necessity for and expense of a new Commission. 

A new highway law. Road construction and repair are important 
to all classes. The present lav/ was never satisfactory or adequate. The 
growth and settlement of the State have made action in this regard 
seem imperative. 

A law relative to forests. Disastrous fires have demonstrated the 
necessity for measures of protection and prevention. 

A law defining the liability of employers and regulating the com- 
pensation of employes for accidents received in the course of employ- 
ment. Our method of dealing with such cases is satisfactory to no one. 
A new and comprehensive law on this subject will benefit the employer, 
the employe and the taxpayer. 

Supervision of InTestmeiit Companies. 

A law providing for the super\asion of all investment companies 
and promotion enterprises in the State. We have legitimate resources 
in this State sufficient to warrant the capitalization of all of the com- 
panies that are required. Outside fake promotion schemes should be 
excluded. We should welcome all legitimate business, domestic or for- 
eign, and a "blue sky" law of fair intent will not interfere with the 
business of such concerns. 

A law regulating the apportionment and use of water for power 
purposes. Such a law will not only protect the present generation but 
will conserve for the future. 

A law authorizing the Governor to submit bills for the consideration 
of the Legislative Assembly, and, if rejected by that body, to refer any 
such bills to the voters for their approval or rejection; and also per- 
mitting the Assembly to make reference of bills vetoed by the Governor. 

A law providing for the appointment of a Dairy Commissioner. The 
work of this Commissioner should be done under the auspices of the 
Agricultural College. It is an important matter and will affect the suc- 
cess of an increasingly-important branch of business, in addition to the 
protection to be afforded the general public in insuring clean food 
products. 

A law providing for the levy of a direct tax for the support of each 
of the State educational institutions. In my opinion this is a subject of 
grave import. A proper measure of the kind indicated will insure the 
success of these institutions in a way not otherwise possible, and will at 
the same time remove the necessity for lobbying on the part of those 
specially interested in the various State institutions. 

A law providing for the establishment of a system of grain classifi- 
cation and inspection, and the regulation by a commission of the serv- 
ice and charges by elevator and warehouse operators. Our State is 
rapidly taking its place as a grain producer on an extensive scale. 
Legislation along this line is needed now and will be more acutely nec- 
essary in the future. 

I)ei)jirtnieiit of .V^Ticulture. 

A law providing for the division of the Bureau of Agriculture, Labor, 
Industry and Publicity into two departments. There has been no factor 
more potent than this department in the advancement of Montana's 
interests, but the very term itself implies too much. The Bureau is 
growing rapidly and it is becoming more and more apparent that the 
departments of labor and agriculture would each profit by a division. 
A commissioner peculiarly fitted for the work of the labor department 



THIRTEENTH ASSEMBLY 9 

is rarely equipped to direct the agriculture and publicity division with 
the highest degree of efficiency. On the other hand an expert agricul- 
turist is not always competent for the labor branch. It seems to me 
that the department of labor might with propriety include the now 
separate departments of Mine Inspector, Coal Mine Inspector and Boiler 
Inspector. This would curtail the expense of clerk hire and of the print- 
ing of separate reports from these several departments, and bring about 
more unity and greater efficiency in the different branches of labor. 
So also does the work of the publicity department fit in with the agri- 
cultural work. 

A law providing for the summary removal of officers who fail or 
refuse to perform their duties. In municipalities the Mayor is clothed 
with the power to summarily remove those who do not properly execute 
their duties. No such power is given the Governor, nor is it vested else- 
where. No reasonable objection can be urged in opposition to such a 
provision. Many reasons exist for such a law. There is absolutely no 
provision for emergencies under the State administration. The power 
of removal vested in the heads of municipalities has been conducive of 
much good and has seldom been abused. 

A resolution submitting to the voters the question of amending the 
Constitution by striking from Section 2 of Article IX. thereof the word 
"male." 

The foregoing subjects of proposed legislation have been fully dis- 
cussed by and with the people of the State. The one compelling rea- 
son for urging them here is the simple fact that the people have ex- 
pressed their wishes in the premises. I have not sought to outline the 
details of bills, having no desire to take legislative functions upon my- 
self. All of the subjects contemplated can be covered by ordinary bills 
for laws or Constitutional amendments, and I recommend them to you 
for prompt consideration and action, 

Panania-Pacific Exposition. 

Your attention is called to the importance of a proper participation 
by the State of Montana in the Panama-Pacific International Exposi- 
tion to be held at San Francisco in 1915. The State should be rep- 
resented within the means available. 

The law now in force relative to the investment of the permanent 
school and university funds in farm mortgages has been found to be of 
little use. A law of broader scope will accomplish beneficial results in 
this particular. 

The general use of gasoline engines in vehicles and farming and 
other machinery makes pertinent the suggestion that there should be a 
law establishing a standard quality of gasoline and other oil products 
offered for sale. The gasoline brought into the State at the present time 
is notoriously bad. 

I recommend the passage of an automobile license law for this 
State. Tliis law should take from municipalities the right to license 
and provide a general license system under State authority. 

The different State officers have submitted detailed reports of the 
work of their respective departments. Many recommendations of merit 
are contained therein. You will have these reports before you for appro- 
priate action on your part. 

Enrolled Militia, 

Complying with the provisions of Section 1049, Revised Codes of 
Montana of 1907, I have the honor to advise you that, according to the 
returns of the County Assessors of the several counties of the State, the 
number of able-bodied male citizens qualified for the performance of 
military duty is 45,052. 



10 THIRTEENTH ASSEMBLY 

Bisbiirsemeiits by the Goyernor. 

In accordance with the provisions of the Constitution, I submit the 
following statement of the expenditure of all moneys belonging to the 
State and by the Governor paid out to the State Treasurer, for the 
biennial period ended November 30, 1912: 

Five per cent, U. S. land sales in Montana $65,995.12 

U. S forest sales in Montana 217,515.79 

U. S. aid to Agricultural College 100,000.00 

U. S. aid to Soldiers' Home 17,225.00 

TOTAL $400,735.91 

Conclusion. 

The length of this message has been curtailed in the hope that the 
strength of the recommendations may be correspondingly augmented. 
Later in the session such additional matters as may require considera- 
tion at the hands of the assembly will be communicated by special 
message. 

This, my first official com^munication to your honorable body, is 
submitted not alone with a profound realization of the responsibility 
assumed with an oath of office, but as well with a sincere desire to 
co-operate with you in all things which contemplate the welfare, pros- 
perity and happiness of Montana citizenship. I am possessed of a 
full measure of confidence in the membership of this body and I firmly 
believe that each member is beginning his duties imbued v/ith a high 
resolve to so legislate as to promote the well-being of the commonwealth, 
and thereby afford to the people the amplest justification for the faith 
expressed by them at the polls last November. 

S. V. STEWART. 

Governor. 



VETO MESSAGES. 



TAX EXEMPTION. 



March 4, 1913. 

The Speaker of the House of Representatives, 
House of Representatives, 
Helena, Montana. 

I herewith return to your honorable body House Bill No. 181, intro- 
duced by Blake, entitled "An Act to exempt honorably discharged sailors 
and soldiers of the War of the Rebellion and honorably discharged 
sailors and soldiers of the War with Spain, the Philippine Insurrec- 
tion or the Boxer Uprising in China, from the payment of road tax and 
poll tax", without my approval and with objections thereto, which are 
as follows: 

In my opinion this bill is so broad as to exempt the persons 
enumerated from the paymc^nt of a property tax when levied for road 
purposes, and is therefore in direct conflict with Sections 1 and 2, 
Article XII of the Constitution. 

The Attorney General of the State of Montana, answering my query 
as to the constitutionality of this Act, well says "the tax referred to in 
the bill is not confined to liead or poll tax, but it appears to relate to 
head tax or poll tax of every description and also to road tax of every 
description. There are tvro methods of raising money for road pur- 
poses, one is the special road tax provided for in Section 1344, Revised 



THIRTEENTH ASSEMBLY 11 

Codes, which is a poll tax or head tax, and in addition to this the regu- 
lar or special levy for the purpose of raising money for the construction 
of roads or the payment of indebtedness as evidenced by bonds or 
otherwise theretofore contracted for the construction of highways or 
bridges. The phrase "tax of every description," would seem to be broad 
enough to include both of these systems of taxation. If, however, the 
Mil is meant only to include the special road tax provided for in Sec- 
lion 1344 and the poll tax or poor tax, the bill is still violative of the 
irovisions of our constitution, which prevents the enactment of local or 
fecial laws or granting "any special or exclusive privilege, immunity or 
franchise whatsoever" as contained in Section 26, Article V of the State 
Constitution, and probably in violation of the provisions of Section II, 
Article XII of the State Constitution." 

The courts of many States have held that special privileges and 
inmunities, unless based upon very reasonable classifications, are in 
^iolation of the equal rights clause of the Constitution, so that under 
tie decisions of other courts and of our own State, this bill would seem 
t) be unconstitutional and therefore inoperative. 

In view of the foregoing it seems proper to withhold my approval 
fom said House Bill No. 181, which I therefore respectfully do. 

Yours truly, 

S. V. STEWART, 

Governor. 

Veto sustained by a vote of 59 to 0. 



WHEATLAND COUNTY BILL.* 

March 10, 1913. 
Hn. A. M. Alderson, 
Secretary of State, 
Helena, Montana. 

Der Sir: 

After deliberate and careful consideration I am transmitting here- 
witi Senate Bill No. 145, "An Act to create the county of Wheatland, 
desgnate its boundaries, and provide for its organization and govern- 
met, and to change the boundaries of Meagher, Sweet Grass and Fergus 
couities to conform thereto", without my approval and with my obpec- 
tion thereto. 

[n reaching a conclusion I have been moved by three principal con- 
sideations, either the first or second of which is doubtless sufficient 
to jstify the exercise of the veto power; but it is upon the third ground 
thati wish to place the greater stress. 

•reposition No. 1 has to do with the constitutionality of the meas- 
ure. In this feature of the matter there is involved only the legal phase, 
and ut one question is presented, to-wit: Has the Legislature the power 
to C3ate the county by special act? Good lawyers give contradictory 
ansvvTs to this question. I have read the authorities available on the 
subjet, and the opinion of the Attorney General, and can come to but 
one onclusion, and that is that in the light of the law, and especially 
in viw of the utterances of our own Supreme Court in the past, that 
Cour would more than likely hold that the Legislature has exceeded its 
authrity in passing this bill. Assuming this to be true, the question 
oftenisked me by advocates of the bill becomes pertinent, to-wit: "Why 
not rrmit the bills to pass this department so that the Court may de- 
cide le question for itself?" My answer to that is simple: If there were 
no oler question involved, 1 would gladly take such a course. 



12 



THIRTEENTH ASSEMBLY 



The second consideration involved has to do with the manner of 
the passage of the bill. An intimate knowledge of the conditions whici 
existed in the Legislature during the pendency of this bill convinces 
me that the measure could not have been passed by the two houses 
alone and standing solely on its own merits; not but what it may have 
merit ample to justify its passage, and to spare. The point that I wisli 
to make is that it was not that merit which determined its fate. Th^ 
same is also true of each of the four county division, or creation, bill^ 
now before me. A combination was formed which included the frien(^ 
of each bill. I make the bold assertion that without that combinatiofi 
no one of the bills would have reached the executive office. Not on|y 
was there co-operation between the friends of the different county bil 
but there was "legislative logrolling", which influenced many measures 
entirely foreign to county division. Bills which otherwise would ha e 
had an entirely different fate were passed or defeated by the influene 
of county division alliances, the fact being that this class of speci I 
legislation influenced general legislation to so marked a degree as p 
be apparent even to the most casual observer; and yet this conditic 
might not be potent enough to move me to veto but for the third an 
to my mind, all-sufficient reason. 

Above and beyond the question of whether the Lregislature c; 
create a new county by special act the fact is that the people can do 
themselves. There is a general law in force in Montana, which wis 
enacted two years ago. That law is effective. It has been tested n 
court and in the field. Three new counties have been created in accon- 
ance with its provisions — created by the people affected, created by th(|e 
who must bear the burdens and responsibilities of county government 
and who will enjoy the fruits thereof. This to my mind is right a 
proper. It is in accord with the popular sentiment of "let the peorie 
rule"; it is "home rule", and it is in contradistinction to the conditidis 
existing in the Legislature w^here a vast number of members voted pr 
the creation of counties from territory which they had never seen excpt 
perhaps through the triple-plate glass in the window of a modern, flffit- 
ing Pullman car. If it is a fact that a Legislator, under these comi- 
tions, can cast and does cast a more intelligent vote than would a sore 
or a hundred citizens of the affected territory, acting under a genial 
law which affects all alike, my reasoning is wrong and my conclusms 
necessarily so. I cannot bring myself to believe in the latter thery 

Much as I dislike to exercise the veto power, I feel impelled to di so 
in this case, and therefore transmit the bill with this my disapprjval 
of the same. 

Yours truly, 

S. V. STEWART, 

Governor! 



An identical message was transmitted with Bills seeking to 
the Counties of Wibaux, Clay and Richland. 



3ate 



THIRTEENTH ASSEMBLY U 

FORM OF BALLOT. 

March 21, 1913. 
Hon. A. M. Alderson, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I herewith transmit to you, without my approval and with my objec- 
tions thereto, House Bill No. 345, being "An Act to amend Section 545 
of the Revised Codes of Montana of 1907, relating to the form of ballot." 

This bill is merely the re-enactment of Section 545 of the Revised 
Codes of Montana of 1907, omitting therefrom certain provisions which 
prohibit the appearance on the official ballot used at general elections 
of the name of any one individual on more than one party ticket or in 
more than one place on the ballot. 

In my view of the case the elimination of this provision would at 
least violate the spirit of the primary law, which was enacted on the 
initiative of and by the votes of the people at the recent general elec- 
tion. The primary law provides specifically that a man may have his 
name on only one party ballot at any primary election, and the succeed- 
ing provisions clearly indicate that nominations by parties or by a given 
designation are alone recognized. 

That law was enacted by the people in the light of the present 
Section 545. As the section now stands the same general purposes 
would seem to remain inviolate throughout the primary and general elec- 
tion law; but with the provisions eliminated, which this bill seeks to 
eliminate, fusion would be prohibited at primaries and permitted at 
general elections. 

I doubt if the people of the State are in favor of such an enactment. 
The general primary law has not been tested in this State, and until 
that law has been tested and found wanting, that and the other sec- 
tions left in effect by the people with which to carry out the methods 
therein defined should not, in my opinion, be amended. 

Yours truly, 

S. V. STEWART, 

Governor. 



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FOURTEENTH ASSEMBLY 

1915 



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MESSAGE. 



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Gentlemen of the Fourteenth Legislative Assembly: 

Legal requirement and personal pleasure here merge in an effort 
to discuss with you some of the more important problems, which duty 
presents for official solution. It is a distinct pleasure to extend to you 
a hearty welcome to the Capital, the seat of your principal activity for 
the next sixty days. It is a manifest duty to endeavor to impress upon 
you the importance of action along the lines of legislative requirements, 
as I view them. 

This meeting of the Legislative Assembly of the State of Montana 
is here convened in regular session. We meet today in accordance with 
a mandate of the Constitution. This is one of the fixed times denomi- 
nated by the framers of the Constitution for the meeting of the rep- 
resentatives of the people to take stock. It is safe to say that no great 
emergency confronts the State or its people, otherwise a special session 
would have been called. It is for us here to look over the record of the 
past with judicial inquisitiveness, to view the present with calm ap- 
praisal, to peer into the future with intelligent comprehension, and 
withal to so act as to abundantly justify the confidence of the founders 
of the commonwealth, bring to our citizens of today as great a measure 
of prosperity and happiness as may be possible, and insure to the peo- 
ple of tomorrow the transmission of government well suited to the needs 
of an industrious and intelligent population of ever increasing pro- 
portions. 

We meet in peace, amid peaceful surroundings. Our prime object, 
our only desire, is to solve the civic problems of the hour. Elsewhere 
throughout the civilized world legislative assemblies are convened for 
the consideration of war budgets, called upon to devise ways and means 
for raising money and mustering men to be used as pawns in the grim 
game of war — all to be sacrificed on the altar of violence, to perish in 
the furtherance of the ambitions of kings and princes. 

It might not be ultimately unwise, therefore, to pause a moment 
as we are about to begin the serious duties of the session, and con- 
template the unprecedented devastation, the unbelievable destruction 
of property and the unparalleled loss of life that daily obtains in coun- 
tries heretofore classed as more highly civilized than our own. In this 
contemplation there is food for thought and abundant subject matter 
to adorn any tale and point a moral most impressive; but above all 
there is for us in such contemplation much ground for congratulation, 
much reason for felicitation, and great substance for pardonable pride 
in the apparent strength and enduring qualities of our western hem- 
isphere Anglo-Saxon civilization. Our commonwealth — great in area, in 
potential wealth, in future possibilities of development, in the sterling 
character and fiber of its citizenship — is but one of the integral parts 
of a greater commonwealth, the United States of America, the only 
world-power nation now at peace with all the world and enjoying the 
friendship of the people of every clime and every country. 

You have come from the people. You represent the people for the 
time and are the State. Your utterances here will be like unto the 
voice of the commonwealth. Citizens, society and government must be 
ruled by your decrees until the people, the source of all power, choose 
others to speak for them, to represent them. You will make mistakes; 
we all do that, and we will continue so to do to the end of our lives. 
All that can be required of us is that we do the best we can with the 
knowledge and ability we possess. 

That you have unbounded faith in the country in which you live, 
in the State that gives you shelter, and in our form of government, and 
institutions, goes without saying:- btVt 'tiiife^'ls jje n^^pre evident than that 
you enjoy the confidence of tA'^? )^^o g\^' whoso TLiur^&dte to speak for them 






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18 



FOURTEENTH A^SEM BUY. . . . ... . 

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is evidenced by ille 'certificate* of eVectlon* varrf^d hf yOU 'tb* this Assem- 
bly. Every man of you hopes to return to his people in the enjoyment 
of a greater measure of their confidence by reason of his service for 
them. This is only possible after great effort, studious attention to 
business and the exercise of calm judgment. Knowing the men of this 
Legislature, I am convinced that much good will result from your 
deliberations. 

Montana is experiencing a period of great growth. People are coming 
to us from many States and foreign lands. They come primarily to seek 
homes and enjoy prosperity for themselves, but they remain, perhaps 
unconsciously, yet nevertheless surely, to participate in the affairs of 
State. They cannot be with us without being of us. If they constitute 
part of our citizenship, create part of the wealth, pay part of our taxes, 
they must and should participate in our government. We welcome them 
to our broad fertile plains and valleys, to the health-giving, invigorating 
climate of our mountain home. We extend to them the privilege 
of making tangible and real the riches and treasures of our vast mineral 
resources and agricultural possibilities. We invite them to convert these 
resources and possibilities into real money, into visible values for their 
own material satisfaction and the enrichment of the State. They have 
a right to a voice in the making of the conditions which shall govern 
these activities, and we should and do welcome them to a participation 
in the serious legislative affairs of the State. 

With the growth and development of the State and the enlarge- 
ment of the population new schemes are advanced, some of them based 
on actual needs and other upon fanciful theories. It is for you to say 
v/hat proposals are substantial and necessary and what are impractical. 
Recent years have witnessed tremendous changes. There has been a 
shifting of the centers of population, there has been growth, develop- 
ment and expansion. Only a short time ago this was pre-eminently a 
mining State. Today, by common consent of all, Montana is denominated 
a great agricultural domain. All of this has occurred without the dwarf- 
ing of and without injury to any other industry in the State, and with- 
out a backward step in any material matter. 

The State is no longer one of the infants in the sisterhood of States. 
It recently celebrated its twenty-fifth anniversary as a State and its 
fiftieth as a Territory. The State is discarding the playthings of imma- 
turity and is proudly wearing the habiliments of youth. It will soon 
enter into the substance of maturity. Already there is evidence of a 
calmer, quieter, yet none the less hopeful, view of affairs. While it is 
a privilege to contribute to the material growth and prosperity of the 
State, it is an honor of high degree to have official part in shaping the 
laws and conditions which must either make for a continuation of the 
rapid growth and substantial development now so evident, or otherwise 
tend to hinder, hamper and delay the realization of the day when Mon- 
tana must inevitably come into her own in wealth and population com- 
mensurate with her resources and area. 

At the risk of being called "old fashioned" I am going to suggest 
that the strong, vigorous, youthful State needs healthful exercise rather 
than legislative medicine; needs to be let alone rather than to be pamp- 
ered and doctored; needs encouragement to exercise each limb of its 
material wealth. If given an opportunity the State will develop, grow 
and attain unusual proportions in all of those things which make a State 
truly great. Our resources must be developed; our riches must be taken 
from the mine, from the soil, from the water, extracted from the sun- 
shine and the raindrop, before they can be comprehended as useful, sub- 
stantial things. In all of this nature must inevitably play a large part. 
Nature should be turned aside in her course; rather, substantial aid 
should be rendered. You can assist, but the means enaployed must not 
amount to restraint. .'.Y^ii; c?n. j>i>oy4<3c, reguilation in needed directions, 
but it must not be a5iCet^&(]\Veyop^:tli^3;dint of sanity and reason. 

• • •* *••••!•; 



•• '•• • • 



•• • * «• •••• 









• 



•• • . . ; ;...•..•, : •; • •• . .. 



FOURTEENTH ASSEMBLY 19 

Therefore, it is highly important that this Legislature should move 
with discretion and with care, but none the less surely and effectively. 
Some new laws are required for the proper development of the State, 
for the regulation of the commerce and business of the people and for 
the protection of the individual and of society. There is little need for 
drastic or radical legislation. No great revolutionary principles are in- 
volved in the matters that I shall suggest, or in the subjects that will 
otherwise come before you for consideration. Reasonable reforms should 
be adopted and enforced — reforms that will make for the betterment of 
the people in their nation-old endeavor to successfully realize and main- 
tain their inalienable ambition in the pursuit and enjoyment of life, 
liberty and happiness. We cannot always apply the rules and regulations 
applicable to old communities. It seems to me that this Legislature can 
well afford to "stand by" as it were and see the State grow, lending a 
helping hand here and there as exigencies of the occasion seem to de- 
mand, to remove an obstacle, to make the course smoother and easier 
for the natural growth and development that is bound to come. 

I shall tell you quite as frankly as the constitution and statutes 
seem to contemplate just where it seems to me that needed and material 
assistance may be given and extended; just wherein the people of the 
State may be afforded relief and benefit by legislative activity on your 
part. When I have told you these things it is for you to do or not to 
do, as your good judgment and consciences may dictate. But you are 
by no means limited in the scope of your activity to the recommenda- 
tions here made. 

Appropriations. 

No message would be well begun without reference to appropria- 
tions. I have recently read with much interest the messages of my 
illustrious predecessors. It is observed that in every message trans- 
mitted to a Montana Legislature, the Executive laid considerable stress 
upon the questions of appropriation and economy. I wondered if that 
was a feature peculiar to our own State and I took the trouble to read 
messages of Governors of nearly all of the States of the Union. This 
State is no exception to the rule. The same warning is contained in 
some form in almost every message by a Governor to the Legislature 
of his State. I have, therefore, taken the position that in unanimity 
there is justification. This Legislature has an opportunity to make a 
record in financial efficiency. A good beginning can be made in the 
matter of legislative employes, and a reputation thus established may 
be maintained by careful scrutiny of all requests for appropriations. 

General Conditions. 

Generally speaking the State and the people have enjoyed peace, 
health and prosperity during the last two years. Special instances of 
disorder have occurred, but in the main we have every reason for con- 
gratulation. 

One of the special instances that tends to serve as an exception to 
the general rule is found in the Butte difficulties. It is not necessary 
and would not serve any good purpose to enter into a minute account 
of the causes leading up to and the circumstances which characterized 
the trouble at Butte. It is sufficient to say that the trouble did not 
arise in a moment, was not the result of a sudden impulse, but was the 
result of general dissatisfaction; was, in fact, a general revolt against 
the administration of the affairs of the Western Federation of Miners. 
For more than thirty years the Western Federation of Miners had domi- 
nated the labor situation in and around Butte, and for that matter had 
been the major influence in State-wide labor circles. Rumors of discord 
and charges of wrong-doing had been made from time to time, but no 
one believed that it was possible for any of these grievances to attain 



20 FOURTEENTH ASSEMBLY 

magnitude enough to threaten the overthrow of the organization or 
seriously imperil its existence as a prime factor in civic affairs in 
Montana. 

It was, therefore, with considerable surprise that the general public, 
even in Silver Bow County, witnessed the revolt from the union by a 
very considerable number of its members. This revolt was initiated on 
Miners' Union Day, June 13, 1914, and it was of such proportions and so 
violent in character as to not only involve the local union in great dis- 
aster, but to seriously imperil the peace and order of the community. 
Rioting and acts of violence characterized the day, and Butte was the 
scene of much turmoil, which gave ground for grave apprehension. The 
rioting was resumed on the succeeding Sunday, and at that time the 
regularly constituted peace officers found themselves unable to cope with 
the situation. The Sheriff appealed to me, as Governor, for military aid. 
Before complying with his request, I proceeded to Butte and remained 
there in consultation with the representatives of the different factions, 
with public officers and citizens, for two days. By that time quiet was 
restored, and it was decided that military interference would not be 
justified. 

The trouble w^as not settled, however, and on the night of June 23, 
there was a further outbreak that resulted in the total destruction of 
the Miners' Union Hall, which had been partially destroyed on the thir- 
teenth of the same month. This time there was general consternation 
and universal fear was expressed by the people of Butte. It was not 
possible to mobilize and utilize the State troops in time to do much goo'i 
in this outbreak, but it all served to M^arn those in authority of the 
possible necessity for the intervention of the State in the ultimate 
restoration of complete peace in the camp. 

Up to this time there had existed in the minds of the authorities 
some doubt as to the status of the Montana National Guard, and as to 
its efficiency. The repeal of the Donohue Military Bill by referendum 
vote had left the laws in a state of uncertainty. There had been no 
mobilization of the troops during the present administration and we had 
little knowledge as to the personnel thereof. In the month of July the 
National Guard participated in drill and maneuver at Fort Wright, 
Washington. It was my duty and pleasure to there witness the officers 
and men at work. I was most forcibly and favorably improssed with the 
appearance, spirit and very apparent qualifications of the men com- 
posing the Guard. Prom that day forward I felt an abiding faith in the 
ability of the Guard to give a good account of itself if the time should 
come for resort to the military arm of the State. 

During all of this time the trouble in Butte smouldered and seethed 
and a peaceful settlement thereof became daily more impossible. In the 
latter part of August the volcano blew up and one act of violence fol- 
lowed another in such rapid succession, disorder and rioting became 
so prevalent, that local authority was paralyzed, or indifferent, and there 
was no one in authority in Butte who could or would stem the tide of 
lawlessness. 

It was then that the National Guard was mobilized, equipped, en- 
trained and dispatched to the seat of the trouble. Be assured that those 
were anxious, not to say perilous, hours. The sovereignty of the State 
stood at bay, the processes of the commonwealth remained unserved in 
the hands of those charged with the duty. The "rebel chieftain" had 
thrown down the gauntlet. Rumors of armed resistance were rife and 
appeals for personal protection were many. The good name, the fair 
fame, the well-earned reputation of half a century, were hanging in the 
balance. The structure of civic righteousness, whose foundations were 
laid deep and solid by the Vigilantes of Alder Gulch fifty years ago, 
was assaulted more openly and with greater violence than ever before.' 
It was no longer a question of unionism. Local color had faded. Butte 



FOURTEENTH ASSEMBLY 21 

and Silver Bow County were but incidents. The great questions to be 
settled, and settled quickly and effectively, were spelled in the letter- 
ing of the words "law and order." 

For the restoration of order, for the vindication of law, the young 
men of the National Guard, the youth of Montana, took up arms and 
marched forth to face dangers to them, and to me, at that time unknown 
and uncertain, but of aspect most threatening and fear-inspiring. Not 
one faltered, no one hesitated, and in the calm self-possession, the very 
evident spirit of bravery and determination which pervaded that troop 
there was born a confidence which inspired the men of the uniform and 
simultaneously frightened and deterred those who had dared to oppose 
the rational and reasonable processes of the State for the protection of 
life and property. 

Not a shot was fired, not a life was lost, not a citizen was disturbed 
in the course of his lawful occupation. At the same time peace was 
restored and law and order re-established, and when the task had been 
accomplished, the Guard withdrew quietly and unostentatiously. The les- 
son was impressive, forceful and adequate, but it was devoid of violence. 
The result is known to the world. Every one now realizes that law and 
order must forever obtain, must be adequately enforced, and uniformly 
recognized; that property must be protected from violence and destruc- 
tion, and that life must be and remain sacred and safe within all the 
broad confines of the commonwealth of Montana. 

All of this cost some money. It involved much labor, and no small 
degree of anxiety and mental disquietude, to say nothing of the physical 
dangers imposed. But if it has served, as I believe it has, to impress 
upon the world a full realization of the fact that Montana is a safe place 
in which to establish a home, rear a family, make investments and pur- 
sue any and all of the human activities, whether social, material or 
intellectual, then the money has not been misspent. I trust that the 
expenditures made in this behalf may not cause embarrassment to the 
State government, but I realize that the unexpected necessity of thus 
taking from the treasury the very considerable sum involved must in 
some sense cause a reapportionment of the financial affairs, for the time 
being at least. That is my reason for calling these matters to your 
attention at this early day of the session. 

All of this ought to impress us also with the importance of making 
ample provision for the National Guard of Montana, with the hope and 
in the firm belief that the necessity for its use may not arise again in 
the near future, but nevertheless with the idea of keeping the peace and 
protecting life and property at all times in the future as in the past. 

Siig-g-estioiis for Law Enforcement. 

Experience in thp Butte trouble must have impressed all with the 
Importance of suitable provision for prompt and effective means of 
suppressing lawlessness and disorder before they reach a maximum. I 
am firmly convinced that a small force of non-resident peace officers 
would have controlled the Butte trouble without military interference 
if it had been possible to utilize such a force at the inception of the 
trouble. We have a great number of peace officers in this State who are 
not constantly employed. The sheriff's forces in the different counties 
are kept up to the maximum for emergencies, the Game Warden's force 
is considerable, and there are a goodly number of stock inspectors and 
other peace officers at all times under public pay. If you can devise 
some means of organizing these people into an emergency State police, 
for use in the rare instances where the necessity may arise, contingen- 
cies may be met and without any expense to the public. If it had been 
possible to send fifty experienced, determined officers, such as we have 
in the positions I have named, into Butte under the leadership of some 
good man instead of spending $125,000 in quelling the disturbance with 



22 FOURTEENTH ASSEMBLY 

the militia after it had assumed vast proportions, the whole matter 
would have been adjusted effectively for a nominal sum. Your atten- 
tion is respectfully directed to this matter. 

Suspension From Office. 

Former Governors of Montana have suggested removal and suspen- 
sion statutes, but none have been forthcoming. I would respectfully 
suggest that an amendment to the summary removal statute now in 
force would meet the requirements. This statute has recently been found 
very effective, but the difficulty encountered is found in the fact that 
an accused officer remains in charge of the forces in authority during 
the pendency and trial of the action. An added provision giving the 
Governor authority in his discretion to suspend the official after charges 
have been filed and during the pendency thereof would meet the ordin- 
ary need and protect the local community. The officer would be restored 
if acquitted and no harm would be done. The vacancy could be filled in 
the usual manner provided by law for the filling of vacancies in such 
offices. 

Race Track Gambling^. 

While it is important that existing laws should be enforced, it is 
also necessary that some new laws be enacted. While our State is 
changing industrially, there is an evident change of moral sentiment as 
well. A few years ago it was thought proper to regulate, license and 
control what is known as poolselling and bookmaking in connection with 
the sport of horseracing. Today, in my opinion, public sentiment 
makes it imperative that some action should be taken looking to refor- 
mation in this direction. Race track gambling, as it is conducted in the 
State of Montana, is immoral, degrading and destructive of good 
citizenship. In at least one community in this State it creates disorders 
of such nature as to almost entirely disorganize and disrupt the usual 
and ordinary course of business during the continuance of the race meet. 

It has been suggested that a commission should be created and that 
horse racing and the incident betting and poolselling should be handled 
and controlled by the commission. Two years ago I might have believed 
that this course would meet with the approval of the people, but today 
I am convinced that it would not meet with the approbation of the 
majority of the citizens of this State. I base my opinion generally on 
the knowledge that I have of the people of this State and the views 
entertained and expressed by them. And especially do I base my onin- 
ion upon the fact that the people have recently expressed themselves in 
the negative on a similar proposition. 

Two years ago the Thirteenth Legislative Assembly passed a bill 
entitled "An Act Establishing the State Athletic Commission and Regu- 
lating Boxing and Sparring in the State of Montana," being Chapter 97 
of the laws of that session. The bill was referred to the people* under 
the referendum provision of our laws, and the people voted upon the 
question at the recent general election. The measure was defeated by a 
majority of more than eight thousand. 

After the bill had passed both houses and while it was in my 
possession, pending executive action, committees of citizens waited upon 
me and requested that the bill be vetoed. After very full and complete 
hearings I made the statement to the committees that, in my opinion 
this bill would prove an effective means of ascertaining public senti- 
ment with relation to matters of the kind. I suggested to the pro- 
testants that the proper method of ascertaining the real sentiment of 
the people of this Stnte was to approve the bill so that the protestants 
could resort to the referendum and obtain a vote of the people, either 
for or against the measure. The measure was approved and the sug- 
gestion was adopted, wiih the result that I have above indicated 



FOURTEENTH ASSEMBLY 23 

In my opinion, a commission for the regulation of horse racing 
would be no more popular than the one appointed under the boxing bill. 
Certainly no better commission could be obtained than the one appointed 
under the Kiley bill. The individuals composing the commission were 
highclass, honest and thoroughly imbued with the idea that the sport 
should be raised to as high a plane as possible. They conducted the 
"game" as fairly and as reputably as it was possible for it to be con- 
ducted. I am sure that the manner in which they discharged their 
duties brought to the measure a very considerable number of votes 
which otherwise would have been cast against it. And yet, with all 
that, the system was repudiated. I am, therefore, of the opinion that 
legislation on the question of race track poolselling is necessary, and 
that the legislation should not be along the line of regulation, but, rather 
in the nature of abolition. 

In this connection I might suggest that the defeated athletic bill has 
left the sum of $2,569.87 in the hands of the State Treasurer, which 
sum is the property of the State and for which there is no method of 
disposition. You should enact some suitable measure providing for the 
conversion of this sum into some other fund, in order that it may be 
devoted to useful purposes. 

District Judges. 

When the State was admitted to the Union provision was made for 
an adequate number of District Judges. These officials are paid from 
the State treasury. Just what impelled the framers of the Constitution 
to make this charge against the State, I do not know. However, it is 
the law. 

In 1899 Governor Robert B. Smith suggested that the salaries of 
District Judges should be made chargeable to the counties. Later 
Governor Joseph K. Toole made the same recommendation. Nothing was 
ever done to bring about the reform. While I do not desire to insist 
that this change be made at this time, yet, in view of the fact that new 
counties are being created very rapidly and more Judges demanded, 
something ought to be done at least in the way of equalization. 

It is evident that there are more Judges in some of the districts of 
this State than the necessities of the districts require. It is also evi- 
dent that some of the Judges in the eastern and northern part of the 
State are unable to adequately discharge the judicial duties of their 
respective districts. In view of the fact that the State pays all District 
Judges, it seems to me more reasonable that there should be a distribu- 
tion than an increase in the number of Judges. This may be accom- 
plished either by redistricting the State or by making some suitable 
provision for the assignment of Judges for duty outside of the district 
in which they are elected. Judges are State officials and work for the 
State, although they are elected by the people of a given district. 
Neither the people nor the Judges should complain if the necessities of 
the State require the performance of duties beyond the confines of the 
districts in which the Judge is elected. 

New Counties. 
The question of District Judges suggests the proposition of new 
counties. Four years ago the Legislature enacted a genera,l law for the 
creation of new counties. Several counties were created under it and 
the law was found to be effective. Two years ago the Assembly 
amended the law in some important particulars. The assessed valua- 
tion required for the creation of a new county was very considerably 
lowered and the percentage of votes required was reduced from sixty-six 
and two-thirds per cent to a bare majority. Under the relaxed pro- 
visions of the law many new counties have been created and several 
more are contemplated. 



24 FOURTEENTH ASSEMBLY 

While I have no criticism to offer as to the creation of those al- 
ready in existence, yet I think it is evident that the business of creat- 
ing new counties will be overdone in the very near future unless some 
check is put upon it. I would, therefore, respectfully suggest that suit- 
able amendments be made to the general law for the creation of coun- 
ties. I make this suggestion not alone for the protection of the State, 
but rather for the protection of the people themselves. The creation of 
new counties necessitates some outlay on the part of the State in way 
of payment of salaries for District Judges, County Attorneys, members of 
the Legislature and other incidental State charges. Yet the greatest 
hardships fall upon the taxpayers of the new counties. Officers must be 
paid, new buildings must be erected and costly improvements installed. 
In order to do that, tax rates increase and assessed valuations are in- 
evitably raised. 

Under the present system a continuance in the creation of new 
counties will very shortly increase the membership of the State Senate 
to such an extent that it will become unwieldy and unnecessarily 
expensive. 

Bank Laws. 

Since the adjournment of the last session of the Legislature the 
Congress of the tfnited States has enacted a general banking and cur- 
rency system. Under the provisions of the law there have been created 
certain reserve banks, the stock of these banks to be owned by the 
membership banks within the district, both National and State. Most 
National banks in the State of Montana are members of the reserve 
system and own stock in the district reserve bank. 

Under the State law it is unlawful for our State banks to avail 
themselves of the advantages of this system. Many State banks are 
desirous of having the prohibition removed. I would respectfully sug- 
gest that a suitable law be enacted to remedy this condition. The banks 
of Montana, generally speaking, are very prosperous and they have grown 
in resources and in numbers. The State Examiner's office has been 
more than busy in examining banks during the past two years. Two 
years ago when the present State Examiner took his office there were 
165 State and private banks in this State. Today there are 230 banking 
institutions subject to State inspection. 

This increase in the number of State banks is surprising, to say 
the least. If the increase is normal and justified by business condi- 
tions in the State, it is a matter of congratulation. But if, on the other 
hand, and as has been alleged, some of these banking institutions have 
been organized and are doing business under circumstances which do 
not justify their existence, then they will prove a positive detriment 
rather than an advantage. 

The doubt as to the necessity for these banks brings us to the 
proposition of our general State banking system. To my mind it is 
imperative tliat there should be necessity for a bank before it is 
chartered. Under the National system a showing must be made and the 
Bank Examiner must certify the necessity for the existence of a bank 
in a given neighborhood before a National charter will be given by the 
deparlment. Some such regulation should be in effect in Montana; in 
fact, our whole State banking code should be redrafted and brought up 
as nearly as possible to the higli standard achieved in the National 
banking system just going into effect. 

In addition to the examination of banks, the State Examiner's office 
now has imposed upon it the duty of examining cities and school dis- 
tricts. It is certainly a very busy deparlment, although it has been 
conducted in such a way as to make it profitable to the State. 



FOURTEENTH ASSEMBLY 25 

Farm Loans and State Lands. 

There was initiated and submitted to the people of the State at the 
last general election a bill providing for what was commonly designated 
"Farm Loans" — loans to be made from the common school and other 
educational funds under the control of the State Board of Land Com- 
missioners. 

It seems that the bill was drawn in such a way as to come in con- 
flict with certain provisions of the Constitution. I would respectfully 
suggest that, the principle involved having been approved by the people, 
some suitable legislation should be enacted. 

The Thirteenth Legislative Assembly enacted Chapter 121, which 
provided for the investment of these funds under certain conditions and 
included farm mortgages. It seems, however, that the provisions of this 
measure are not acceptable to the people in general. I would respect- 
fully suggest that great care should be taken in framing such a bill by 
reason of the fact that the funds to be loaned are trust funds and should 
only go out under such conditions as to insure the safe return with a 
moderate rate of interest. 

In the past the State Board of Land Commissioners has invested 
these funds in bonds and other securities, preference being given to 
school bonds in order to promote the cause of education. If the time 
has come when preference should be given in some other direction, 
provision should be made therefor. Personally, I am convinced that 
much good results from the purchase of school bonds, municipal, county 
and other securities. Yet I am satisfied that a certain amount of this 
money can be utilized to advantage in making farm loans. With our 
growing population the amount of money available will perhaps not 
satisfy the needs or the demands of the borrowers, but it may tend to 
regulate interest rates and promote better conditions with regard to 
farm credits. 

In his very able message to the Legislature in 1899, Governor 
Robert B. Smith pointed with pardonable pride to the receipts of the 
State Land Office. The receipts of the common school income fund 
for the year 1898 were $52,585.22. The estimated receipts of the same 
fund for the current year are $704,473.13. How much more gratifying to 
us are the present day receipts, and yet these receipts are only avail- 
able by reason of the fact that not one dollar of State school mioney 
has ever been misappropriated or lost by reason of bad investments. 
Such a record is more to be desired than great riches. To depart from 
so successful a system should involve great care and studious attention. 

The school lands of this State are worth far more than a king's 
ransom, and they are becoming more and more valuable as time goes 
on. The wisdom of the provision fixing a minimum selling price is 
becoming more and more apparent. Under recent administrations the 
various land grants have been very largely augmented. Sales have been 
made and land taken over to fill said grants and to take the place of 
lands otherwise lost to the State. This work is continuing as rapidly 
and effectively as possible under the present State administration. 

In addition to the general work of selecting lieu lands and filling 
the grants, the former State administration entered into an agree- 
ment with the general government for the exchange of certain lands. 
The Thirteenth Assembly authorized the expenditure of the necessary 
amount as the State's share of expenses incident to this exchange. 
Certain examinations have been made and the work is partially com- 
pleted. It is probable that an exchange will finally be effected whereby 
80,000 acres of land will be acquired in one body by the State. This 
land is nearly all timber land and will be of great value. The lands 
exchanged and relinquished by the State are Sections 16 and 36, and are 
scattered over vast areas of mountainous country. The land the State 
will get being in a body and being well timbered, is much more de- 



26 FOURTEENTH ASSEMBLY 

sirable, while the Government officials consider it highly important 
that the State holdings scattered throughout the vast reserves should 
be transferred to the United States. 

Printing. 

In considering items of expense it is always proper to look to the 
matter of printing. Public printing runs into money very rapidly, and 
while it is highly important that an adequate amount of publicity be 
given to the work of the various departments of the State, yet some of 
the requirements of the present law make it necessary to incur very 
large and seemingly unnecessary expenditures. 

There can be no just complaint on the ground of workmanship, 
service or prices charged. Under the contract just expired the work of 
the State printer has been performed promptly and in a workmanlike 
manner, and the prices charged have not been unreasonable for the stock 
and services furnished. The only criticism that I urge is of the law 
which makes it necessary to have all this printing done. 

Your attention is particularly directed to the lav/ compelling the 
publication of the State Treasurer's quarterly report. This report, 
although published in strict compliance with the lav/, does not give 
information of a tangible or intelligent nature to anyone not a book- 
keeper. The money now spent for the publication of this report is 
wasted. The same is true of certain publications required to be made 
under the terms and provisions of our initiative and referendum law, 
and the primary and election laws. Attention and investigation on your 
part may effect a material saving in the matter of printing. 

Primary and Election Statutes- 

Some of the provisions of the new primary law and of the election 
law which was enacted by the people two years ago a.re badly involved 
and seem to be in direct conflict. These irregularities should be cor- 
rected by amendment. 

For instance: One section of the Statutes requires that the vote 
on initiative measures shall be opened within thirty days after the 
election. Another requires that the votes on Constitutional amend- 
ments and for State officials shall be opened on the first Monday in 
December. All of the returns are transmitted in the same envelope. 
It is impossible to comply with both statutes. This is merely one of 
the several instances of conflict. 

Compensation, 

The subject of workmen's compensation has been before the people 
of Montana in various forms for some years. Two years ago the Legis- 
lature wrestled with it throughout the session. Thereafter a bill was 
initiated and presented to the people at the recent election. The pro- 
posed measure was defeated. It is evident, however, that the principle 
of compensation was not defeated, and tbat the defeat went merely to 
the provisions of that particular proposition. 

The theory of compensation has been put into operation success- 
fully in different States in the Union, and, whereas, two j^ears ago it 
was more or less of an experiment, today I think it may be considered 
as a demonstrated success wherever it has been rationally employed. 
The opponents of the recently initiated measure did not assume an 
attitude of antagonism to all forms of workmen's compensation, but 
openly stated they favored a reasonable and just compensation law. 

That being the case, it would seem to me that it is incumbent 
upon this Legislature to enact a reasonable, fair and proper compen- 
sation act. It should not be radical, because the people have declared 
they do not desire a radical law. On the other hand, a weak and in- 



FOURTEENTH ASSEMBLY 27 

efficient law would be just as unpopular. The Legislature should take 
the matter in hand and enact a law that will be fair to employe and 
employer and to the public in general. 

Election of United States Senators by the People. 

After many years of persistent endeavor the law has finally been 
changed and United States Senators are elected by direct vote of the 
people. I have no doubt that the members of this Legislature and of 
Legislatures in general will feel a sense of relief by reason of this pro- 
vision. While the people must elect United States Senators by direct 
vote, most States have enacted a statute providing for temporary appoint- 
ments in case of a vacancy occurring between elections. Otherwise, one 
of two contingencies must prevail; either the State is denied represen- 
tation or a special election must be held, involving the incidental ex- 
pense. Practically all of the States provide by statute for appointment 
by the Governor, the appointee to hold until the succeeding general 
election. This matter is respectfully suggested as one meriting your 
attention. 

Panama-Pacific and San Diego Expositions. 

Two years ago the Thirteenth Legislative Assembly was unable to 
make appropriations for the Panama-Pacific and San Diego Expositions. 
The state of the Treasury would not admit of the required appropria- 
tions. Both houses, shortly before adjournment, passed House Con- 
current Resolution No. 4. introduced by Cutts, providing for the appoint- 
ment of a commission, to serve without pay, to solicit and receive con- 
tributions of money from counties, cities, towns, civic organizations, 
individuals and corporations and to administer such funds for collection, 
establishment and maintenance of proper exhibits and representation at 
these Expositions. 

The Governor appointed a commission of fifteen. Later the com- 
mission was reduced to three members, consisting of Hon. David Hilger 
of Lewistown, Hon. F. S. Lusk of Missoula and Hon. Frank A. Hazel- 
baker of Dillon, These men have proceeded to raise money in various 
ways and have a good working fund. They are installing exhibits at 
both Expositions. 

You will be called upon to assist in this matter in a financial 
way. While the State is not in a position to expend much money in this 
most laudable work, at the same time your attention is directed to the 
possible necessity of making provision for the expenditure of a reason- 
able amount of State money, if in your opinion the finances of the 
State will justify such expenditure. 

Grain Inspection Department. 

The Thirteenth Legislative Assembly enacted a law providing for 
the establishment of a Grain Inspection Department. The law has not 
proven satisfactory by reason of certain mistakes and uncertainties inci- 
dent thereto. I would respectfully suggest that suitable amendments 
should be incorporated therein. 

Tax Commission. 

The last Legislature enacted a Tax Commission Law. This law 
has been in effect for more than a year and a half and has resulted in 
considerable benefit to the State. However, it has not been possible 
to achieve the maximum of benefit contemplated. 

In my message of two years ago I recommended that there should 
be a Constitutional amendment relative to taxation. 

The 1913 law provided for the appointment of county tax commis- 
sioners. These commissioners have never been appointed. In the opin- 
ion of the State Tax Commission undue expense would have resulted 
and no adequate benefits would have been forthcoming. The law is 



28 FOURTEENTH ASSEMBLY 

ambiguous and uncertain in some particulars and should be amended. 
However, as I have heretofore suggested, a suitable Constitutional 
amendment may be properly proposed and submitted. 

Indeterminate Sentence. 

During the past two years I have devoted a good deal of time to 
the investigation of conditions and inmates of the penal institutions of 
this State. The State prison is in good condition and is conducted on 
business lines. However, I am convinced that suitable legislative enact- 
ment should obtain in order to admit of working the prisoners under 
conditions more favorable than can be done at the present time. The 
men should not be worked in competition with free labor, but there 
are many things that they can do without coming into competition with 
that class of labor. 

During the past two years the State Board of Prison Commissioners 
has employed the men in road work and in construction of buildings 
for the State. The crowded condition of the Asylum for the Insane 
has been very materially relieved by buildings constructed by the pris- 
oners under the direction of a free superintendent. The necessary ex- 
pense has been paid from the maintenance fund of the asylum. 

It seems to me but humane that these men should be given some 
consideration for their work. I have endeavored to reward them by 
reductions, commutations and pardons wherever it seemed to me that 
they had earned the same, and in addition thereto had evidenced a 
disposition and determination to reform and make good in the world. 
In this connection I would respectfully suggest the enactment of an 
indeterminate sentence law such as exists in many States of the Union. 

State Institutions Generally. 

It does not seem necessary to enter into a detailed report of the 
different State institutions. Each has made a report, and these re- 
ports will be forthcoming and at your disposal during the session. 
You are urged to read them carefully and study the needs of the insti- 
tutions, so as to be the better enabled to vote on questions having to 
do with appropriations and other incidental matters. 

In this connection it has occurred to me that the volume of business 
to be done by the present L-egislature is not so extensive as to demand 
the constant presence of the members at the State Capitol, and in view 
of that fact, it would seem to me that no better or more profitable 
course could be pursued th?n that of inspection and examination of 
the different institutions, the buildings and grounds in connection there- 
with. The institutions are ne?rly all located within a convenient dis- 
tance of the State Capital, and I am sure that a trip to any or all of 
these institutions will prove generally beneficial and personally pleasant. 

Other State Departments. 

Other departments of State have accomplished splendid results. 
Reports therefrom will be furnished to you. and I earnestly recom- 
mend your careful perusal thpreof. Reforms will be required along 
certain lines and your attention will be called to these matters in later 
messages. I shall not attempt to burden you at this time by minute 
detail. 

Agricultural Extension ^Vork. 

On May 8. 1914, the Congress of the United States passed what is 
known as the Lever Asricultural Extension Act, sometimes called the 
Smith-Lever Act. Under the provisions of this bill, and in order to make 
it effective, the Legislature of the State was required to assent thereto 
on behalf of the State; or. in case of the vacation of the Legislature 
the assent of the Governor was sufficient until the Legislature should 



FOURTEENTH ASSEMBLY 29 

convene. I gave formal assent to the bill and the matter is respect- 
fully referred to your honorable body for appropriate action, the assent 
given by the Governor being effective only during the vacation. 

Distribution of Forest Reserve Moneys. 

Considerable uncertainty exists in this State relative to the dis- 
tribution of forest reserve receipts. Past Legislatures have attempted 
to make provisions for the distribution of these moneys, but the Attor- 
ney General is of the opinion that no adequate legal provision now exists 
in the law for the proper distribution. It is, therefore, important that 
you should look into this matter and make suitable enactment. 

Herd Law. 

As the State is settled up and the industries hecome vrried, there 
is more and more conflict of interests. There has been a good deal 
of agitation relative to what is known as a herd Ihw. I am <^onvinced 
that the enactment of a general herd law, such as exists in some of the 
older States, would prove disastrous. However, your attention is called 
to the fact that a local option herd law might be worked out with great 
benefit to certain sections of the State and with no injury to other 
sections differently located and not requiring the benefits of such a law. 

Free Seed. 

Numerous applications have been made to the different State de- 
partments for relief along the line of seed for farmers in drought- 
stricken districts of the State. It is only fair to say that good crops 
were raised and harvested in most sections of Montana in both 1913 
and 1914. However, there are some sections where assistance would 
be thankfully received and worthily bestowed, if it can be legally accom- 
plished. 

Foot and Mouth Disease. 

No great pestilence or catastrophes have been visited upon the 
State of Montana, its people or its industries within the past two years. 
However, the recent outbreak of foot and mouth disease threatened 
great disaster. Prompt and efficient action on the part of the Govern- 
ment and the State Departments has very largely removed danger from 
that source. Some of the results of this dreaded disease may be pre- 
sented to you for appropriate consideration. 

When Laws Shall Take Effect, 

The Secretary of State very appropriately suggests that the laws 
enacted at this session of the Legislature shall become effective not 
upon approval, as has been the custom in the past, but somewhat later 
in the year; perhaps as late as the middle of May or the first of June. 
Of course, this should not apply to em_ergency measures and appropria- 
tion bills, but in all general legislation the suggestion of the Secretary 
of State may be adopted with safety and propriety. 

It is highly important that the people of the State should have in 
their possession copies of the laws w^hen they become effective. No 
man can observe a law about which he knows practically nothing. Of 
course, we are supposed to know the law the minute it is approved by 
the Governor, but that is a fiction. Much confusion obtains between 
the time the laws are approved and the time when the Session Laws are 
distributed to the public. No damage can follow in ordinary cases if 
the enactments are made to become effective about the time of the 
distribution of the Session Laws. 

Enrolled Militia 

Complying with the provisions of the Statutes I have the honor to 
advise you that, according to the returns of the County Assessors of the 
several Counties of the State, the number of able-bodied male citizens 
qualified for the performance of military duty is 52,815. 



30 FOURTEENTH ASSEMBLY 

Disbursements by the Goyernor. 

In accordance with the provisions of the Constitution, I submit the 
following statement of moneys belonging to the State and received by 
the Governor and by him paid to the State Treasurer, for the biennial 
period ended November 30, 1914: 

5 Per Cent. Government Land Sales $61,736.43 

25 Per cent. Government Forest Receipts 158,824.21 

U. S. Aid to State Soldiers' Home 16,000.00 

Total $236,560.64 

Conclusion, 

In closing, permit me to impress upon you the fact that the tax- 
payers of this State are not demanding the creation of new offices or 
the passage of many new laws. You will be promoting your own best 
interests when you heed the Avish of the people in this as well as in 
other respects. Reduce the number of your own emploj'-es, refuse to 
create new offices to be a charge upon the taxpayers, pass only such 
laws as are really necessary, transact the routine business, and adjourn 
in a timely and dignified manner. If you do this, your work will be 
well done and gratefully received by the public. 

S. V. STEWART. 

Governor. 



SPECIAL MESSAGES. 



IIVVESTIGATION OF STATE I)EPAB.T:^IENTS. 

January 18, 1915. 

To the Senate and House of Representatives 
of the Fourteenth Legislative Assembly, 
Helena, Montana. 

On Friday, the fifteenth instant, the Senate adopted the following 
motion: 

"That the Senate committee on committees be in- 
structed to name a special committee of three, who shall 
proceed at once upon a thorough investigation of the de- 
partments of the State government, and that on or be- 
fore the fortieth day of this session, this committee shall 
report back to the Senate the efficiency and the econ- 
omy as to the administration of each department, and 
also as to the actual need or necessity of the existence 
of each and every department as viewed from the in- 
terest standpoint of the entire people of Montana. 
Their investigation shall include, and report thereon be 
made on all offices, bureaus, boards and commissions, 
the members of which are upon the payrolls of the 
State. 

"In the committee's report of their findings to the 
Senate, they shall submit any bills for remedial legisla- 
tion in their minds justified by the existing conditions 
as found in this investigation. The commttee shall have 
full power to summon witnesses, administer oaths com- 
pel the attendance of any person or persons, and have 
full access to all public records." 



FOURTEENTH ASSEMBLY 31 

In conformity with the terms of the motion a committee consisting 
of Senators Dwight, Edwards and Grande was duly appointed to carry 
out the provisions thereof. The committee has not yet begun its work, 
and I take this opportunity to address your honorable body with rela- 
tion thereto. 

The action of the Senate in this particular is a move in the right 
direction. A careful and complete investigation of all State offices and 
departments will most surely make for both efficiency and economy. 
Too often the people, and the Legislature as well, are unmindful of the 
fact that the business of the departments is largely done by mail, or 
by officers in the field, and the only actual knowledge of the methods 
and means of transacting the business is obtained by correspondence, 
or by conversations with the officials at some place about the State 
other than at the official headquarters. No adequate idea of the actual 
operation of an office or department can be thus obtained. 

I am sure that I voice the wish of every State official, elective or 
appointive, when I say to you that we are not only willing to be in- 
vestigated, but that we court the fullest and closest scrutiny of all. We 
welcome an opportunity to have the work of the various officials scanned 
and appraised at its true worth by those who are able and well quali- 
fied to pass judgment thereon. If the work is up to the standard it will 
speak for itself; and if it is not of a proper degree of excellence, I 
assure you that we are most anxious to be advised of any possible 
deficiencies. All of this to the end that proper and necessary reforms 
may be wrought out, not alone by Legislative action but by all possible 
administrative and supervisory means. 

To justify the maintenance of any department there should be 
necessity therefor and efficiency as well as an economical adminis- 
tration thereof. No person has an inherent right to an office, and no 
office or department is sacred or should exist beyond the period of 
its usefulness, even though that office were created by you two years 
ago. It is for the law-making body to make such changes as may be 
necessary and expedient. It is for you to say what shall or shall not 
be done. You can only arrive at an intelligent determination of these 
problems after proper investigation. 

The investigation, to be of real value to the State and to the tax- 
paj'^ers, to whom we are all ultimately responsible, should be full, com- 
prehensive and fair. Partisanship should not obtain in any particular, 
and personalities should have no place. 

No political pnrty has any known monopoly of efficiency and 
economy. The investigation should be impartial and non-partisan. 
Those engaged should be representative of the Legislature at large and 
thereby, at least indirectly, representative of the people rather than 
of any party or fsction. This must be the case in order for the find- 
ings and recommendations of the committee to have any convincing 
character, or to carry such weight with both houses of your honorable 
body as to insure subsequent legislative enactment. This phase of the 
question sugg-ests the advisability of having the different political 
parties represented and of having the committee a joint one, with a 
membership taken from both houses of this Assembly. 

I therefore respectfully suggest to you that the membership of the 
committee contemplated in the Dwight motion be enlarged by the addi- 
tion thereto of a suitable number of members of the House of Repre- 
sentatives. 

Permit me to assure you that every official and employe of every 
department of State stands ready and willing to render all possible 
assistance in the very important work under consideration. Many 
States have permanent efficiency commissions. Montana is scarcely 



:]2 FOURTEENTH ASSEMBLY 

ready for kucIi a permanont board, but a very good beginning may be 
made by this committee, and to that end we pledge you hearty and 
full co-operation. 

I again repeat what I said in my message on the second day of 
this session: "This Legislature has an opportunity to make a record 
in financial efficiency." I sincerely hope this may be so. 

S. V. STEWART, 

Governor. 



PAYMENT FOR ISLAUOHTEREI) STOCK. 

January 21, 1915. 

The Speaker, 

House of Representatives, 
Helena, Montana. 

Transmitted herewith is a letter from Dr. W. J. Butler, State 
Veterinary Surgeon of the State of Montana, together with certificate 
of appraisal of animals destroyed during the prevalence of the recent 
outbreak of the foot-and-mouth disease. 

Your attention is particularly directed to the statement of Dr. Butler 
tliat the destruction of stock occurred in the protective measures taken to 
prevent the spread of this disease. 

The disease first showed in the States east of us, and was brought 
into this State in shipments of cattle that had passed inspection and 
were healthy, so far as appearances went at the time of shipment, but 
had in fact been exposed to the disease. 

The foot-and-mouth disease is most contagious, and while it is not 
necessarily fatal, it is ruinous to stock values. Wliile the animals may 
not and do not always die from the infection, they are so affected as 
to make them practically worthless. 

It is entirely possible that a large number of the animals included 
in the destroyed list would never have contracted the disease had they 
been allowed to go to their ultimate destination within the State of 
Montana. However, the chances were too great and the Government 
authorities, acting in conjunction with our State officials, deemed it 
wise to take the precautionary measures which ensued. Even though 
some of the animals slaughtered might not have been affected, yet if 
only a small part of the bands that had been exposed had contracted 
the disease they would have spread it to such an extent as to involve 
the stock interests of this State in losses that would have reached 
into millions of dollars — not only in cattle, but in other stock as well. 
In addition to this it is a demonstrated fact that the disease often 
attacks liuman beings, especially cliildren. Children usually contract 
it through the use of milk from affected cows. 

There is no doubt tliat the very stringent measure employed 
stamped out the disease in this State and prevented any great spread 
of it. At the sam*^ tinio the loss involved in the destruction of the 
cattle owned by the few individuals who were unfortunate enough to 
be caught with exposed stock is necessarily great. I agree with the 
State Vot(>rinary Surgoon tliat this State should, if the same can be 
legally accomplished, recompense the owners of stock destroyed, and 
especially in view of the fact that the Federal Government pays one- 
half of the value. It is not fair to require the owners of stock slaught- 
ered 1o prevent the spread of this disease to bear the whole burden of 
damage involved in the prevention of the spread of the disease. All 
measures employed were for the benefit of the general public and for 
the common good, and as nearly as possible the incident loss should 
fall upon all alike. 



FOURTEENTH ASSEMBLY 33 

I therefore respectfully suggest to the Legislative Assembly the 
justice of making suitable reparation to the owners of the stock as 
enumerated in the list furnished by Dr. Butler. 

S. V. STEWART, 

Governor. 



LEGISLATIVE EMPLOYEES. 

January 22, 1915. 

Hon. A. M. Alderson, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

Herewith is transmitted Senate Bill No. 56, relating to the number, 
designation, election and appointment of officers and employes of the 
Legislative Assembly, with my approval. 

This bill is in a sense an emergency measure, having been passed 
by the Assembly in order to meet the situation that arose by reason 
of the opinion handed down by Hon. D. M. Kelly, Attorney General 
of the State of Montana, early in the present session. To the end that 
there may in future be no question regarding the status of employes 
of Senate and House, and to meet the requirements of the Constitution 
as pointed out by the Attorney General, Senate Bill No. 56 designates 
the staff that may be employed in each house and specifically states the 
maximum of clerks that may be placed upon the respective payrolls. 

It is a matter of opinion as to the number of employes required to 
properly transact the business of the two houses of the Assembly. It is 
asserted that under a different system of selection satisfactory results 
could be obtained with a force much smaller than is usually employed. 
However that may be, the fact remains that in view of the Constitu- 
tional provision referred to and the steadily growing needs of the 
Assembly with respect to employes, it is necessary that some change 
in the existing law be made. 

As to the needs of the two houses, I take the position that the 
members thereof are of necessity the better judges and should be the 
sole judges. The Assembly is a co-ordinate branch of the State govern- 
ment. Generally speaking the other branches, the Executive and the 
Judicial, are permitted to be the judges as to what is needed for the 
proper conduct of their respective branches, and the same should be 
true as to the Assembly. 

If it be true that the number of employes at any time attached to 
the payrolls is larger than necessity demands, the burden rests upon 
the two houses of the Assembly, who are answerable to their con- 
stituents for the proper and economical conduct of their bodies. 

I reiterate that the Assembly is best qualified to judge as to what 
it needs in the way of clerical help, and feeling thus I am moved to give 
Senate Bill No. 56 my approval. 

Yours truly, 

S. V. STEWART, 

Governor. 



34 FOURTEENTH ASSEMBLY 

VETO MESSAGES. 



THE CHANCELLOKSHIP BILL. 

March 1, 1915. 

The Speaker, 

House of Representatives, 
Helena, Montana. 

I return herewith House Bill No. 14, being "An Act to Repeal Chap- 
ter 92 of the Session Laws of the Thirteenth Legislative Assembly of the 
State of Montana," etc., without my approval and with my objections 
thereto. 

It is with great reluctance that I take this action, but the import- 
ance of the general subject of the bill and the peculiar conditions exist- 
ing with reference thereto make it imperative, in my opinion, that I 
should withhold approval of the measure as presented to me. 

The bill is short and. to the lay mind, very simple. Yet one has 
only to investigate the statutes of Montana to appreciate that approval 
of the bill would effect serious and far-reaching results — results that 
might be most disastrous and might inflict irreparable injury and con- 
siderable loss to the State and some of the citizens thereof. 

When the bill first came to my notice I assumed that its sole pur- 
pose was and could only be to abolish the contemplated office of 
Chancellor of the University of Montana. The arguments and discus- 
sions thereof as they obtained in both houses were confined to the 
question whether the State should employ a Chancellor. It is evident 
that those who urged the passage of the bill had no other end in view% 
or at least expressed no other purpose. 

In my view, the question of Chancellor or no Chancellor is a very 
important one. I have given it serious thought, this consideration ex- 
tending over a period of two years. I have been brought to realize that 
the vast sums appropriated for higher education in Montana constitute 
a very material part of the total expenditure of the State, and absorb 
much of the income. There has been much talk of economy at this 
session, and there should be economy, without loss of efficiency, of 
course; yet few stop to realize that the larger economJes must be made 
in the matter of the larger operations of the State. 

Last ypar the State tax of two and one-half mills yielded the State 
the sum of $935,395.04. The four institutions or departments located 
at Missoula, Butte, Dillon and Bozeman, for the year beginning Novem- 
ber 30, 1913. and ending November 30, 1914, disbursed the sum of 
.$199,163.90, an amount equal to tv;enty-one per cent, thereof. In addi- 
tion to tha+, they disbursed the total amount received from interest and 
income on land grants belonging to the State institutions, and wiiich 
amount represented the very considerable sum of $131,136.36. Nor is 
that all for the Federal Governniont contributed the sum of $50,000 
toward the maintenance of the Agricultural College department and the 
sum of $30,oon for the use of tlie Experiment Station at Bozeman and 
the Dry Farming Experiment Stations in the different parts of the 
State. Very few people realize the magnitude of the expenditures made 
for the purposes indicated. 

Montana's population is consorvntively estimated at 500,000. Many 
think we have more than tliat number of people. The average daily 
attendance in the four institutions during the year beginning November 
30, 1913, and ending November 30, 1914. being the same period covered 
by the expenditures mentioned, was 1,042, or approximately one-fifth of 
one per cent, of the population of the State. It has been impressed 
upon me that the expenditure of so large a percentage of the State's 



FOURTEENTH ASSEMBLY 35 

available means for the education of so small a fraction of one per cent, 
of the people of the State should be a matter of much concern, and I 
give you these facts for what they are worth. 

The operation of our system of higher education should be char- 
acterized by sound business judgment and common sense. If college 
instruction is to inculcate practical principles it should be imparted 
practically and under favorable circumstances. In addition to that the 
ability of the State to furnish the funds for maintenance should be 
taken into consideration. The sole aim should be to provide the best 
instruction that can be obtained and on the most favorable terms to the 
State. The "pork barrel" idea should be discouraged. To my mind it 
would not be extravagant or "vulgar" or in any manner inimical to the 
cause of real education to place at the head of the system in Montana 
a supervising executive, be he called Chancellor or what not, but vested 
with the authority and power to direct the affairs of the departments 
of higher education. The functions of such an official can be easily 
comprehended when we reflect upon the fact that in the past two years 
these institutions or departments have been maintained at an expense 
of three-auarters of a million dollars, and if the recommendations of 
the appropriation committee of this House are adopted, the next two 
years will witness an expenditure of more than a full million dollars 
for the purpose indicated. 

Nevertheless, the necessity for a Chancellor is a debatable question 
and was, as I said, debated to the exclusion of all other phases of the 
bill under consideration. To my mind, as I now contemplate the bill 
in its legal bearings, the Chancellorship is subm^erged. The bill seeks 
to repeal Chapter 92, Laws of 1913, and that without offering to sub- 
stitute anything in lieu thereof. If tha,t repeal would work nothing 
but the abolition of the Chancellor it would be simple. 

The Higgins Bill in reality repeals the names, the designations, the 
identity, of the University and its component parts. Chapter 92, Lav/s 
of 1913, repealed the statutes giving to each institution a separate 
name. Prom the first day of July, 1913, under the terms of that law, 
there was no Agricultural College, no State Normal College, no State 
School of Mines, and no University in the sense that the same had 
existed prior to that time. Each institution was terminated as a sepa- 
rate entity and merged into a greater one, designated and legally named 
"University of Montana." 

This is a serious matter. The founders of these institutions placed 
great reliance on the names and in Section 668, Revised Codes, provided 
a punishment for any infringement of the name "University of Mon- 
tana". Likewise Section 111 of the General School Laws, 1913, reads as 
follows: "All donations, grants, gifts or devises made to any of the 
institutions named herein shall be made to such institution in its legal 
name, and if made to any officer or boards of such institution the same 
shall be immediately transferred by such board or officer to such in- 
stitution". 

If this bill should become a law the institutions would still have 
form and substance but no tangible being, no legal designation, no 
corT^orpte existence. It is evident tha"^ this feature of the matter has 
impressed the distinguished Sena,tor from Missoula county since the 
pnssfT^e of the Higgins Bill through the houses, as he has introduced 
a bill (Senate Bill No. 181) in which he seeks to correct the condition 
that must inevitably result if House Bill No. 14 becomes a law. How- 
ever that may be, I cannot assume that the Brower Bill will become a 
law, and am compelled to consider the Higgins Bill as it comes to me. 

In another important matter pending at this session, to-wit: The 
matter of the creation of new counties, a similar repeal bill was passed 
through the House, known as the Wells Bill (House Bill No. 11), but it 
was held up in the Senate for the good and sufficient reason that no 



36 FOURTEENTH ASSEMBLY 

adequate law to tako the place of the one in effect was assured of 
passage. The reasons were good and I think are equally applicable in 
this case. 

And yet the loss of the names of the institutions is not all that 
would result. There would still be a most serious difficulty in the way 
even if the Brower Bill sliould follow this bill and both should become 
laws. Senate Bill No. 92, Laws of 1913, repealed all acts and parts of 
acts in conflict therewith, save and except that it attempted to save 
Chapters 73 and 120, of the laws of 1909 — the former of which contained 
nearly all of the law prescribing the powers and duties of the State 
Board of Education. This would have been well and good but for the 
fact that the general educational bill passed by the Thirteenth Legis- 
lative Assembly, Chapter 76. repealed said Chapter 73 of the Laws of 
1909, in specific terms and reenacted such powers and duties as are 
therein prescribed; but there being no saving provision as against the 
terms of the general educational law, the so-called Leighton law must 
control and repeal wherever there is conflict. 

You will very readily see that there is much room for serious appre- 
hension in this whole matter. For instance, the Leighton Law defines 
the manner of granting diplomas and conferring degrees. The Higgins 
Bill would destroy that statutory authority. The distinguished author 
of House Bill No. 14, Mr. Higgins, is also the author of House Bill No. 
150, approved February 15, last, which is now a law. That law provides 
that the holder of a diploma from the Law Department of the University 
of Montana shall be admitted to practice law without the examination 
required of other applicants. By House Bill No. 14 the University as a 
legal entity is put out of business and the right to give diplomas is 
wiped away, and the student who finished the course at the law depart- 
ment will find himself without legal evidence to convince the Supreme 
Court that he is entitled to the certificate of admission to the bar con- 
templated in House Bill No. 150. 

The general school law of 1913, approved two days before the Leigh- 
ton Bill, provides that graduates of the State Normal and the University 
may qualify to teach in the schools of Montana by filing their diplomas 
with the State Superintendent of Public Instruction. Just what effect 
the absolute repeal of the law providing for diplomas would have on 
tliis subject I am not prepared to say. but I do seriously ob.iect to see- 
ing the rights of any of the teachers of this State in any way imperiled. 

T come now to what may well be considered as another vital fault 
in tliis bill. To enact the Higgins Bill (House Bill No. 14) and the 
Brower Bill (Senate Bill No. 181) would still leave the State Board of 
Education with curtailed power. Of course, if it is the desire of those 
interested to divest that Board of authority and to give the local offi- 
cers greater latitude, then the object souglit would be attained, but I am 
not ready to believe that the members of this Legislature are ready to 
takp such a step. The Constitution of tlie State contemplates control of 
thp institutions by the State Board of Education, but leaves the condi- 
tions of the control to the Logislnture. To change the system and enact 
a full and comprehensive law defining the powers of the Board ought 
not to be done in the hurry and bustle of the closing days of a busy 
session, and should not bo tacked on to some bill as an amendment or 
as a rider, without time to consider. 

I doubt if tlie members of either house reallv thought that there 
was anything more than thp Chancellor involved in House Bill No 14 
wlien they had it under consideration. They did not realize that the 
right to administer affairs under the State Board of Education might 
be involved, or that the riglit to claim appropriations might be oues- 
tioned on account of the lack of legal designation. We all know thaf the 
Federal Covernment is very technical in the matter of authoritv fnd 
It IS possible that anpropriations might be involved: but who thouVbt of 
that when this bill was before you? " ^- •- ""^ 



FOURTEENTH ASSEMBLY 37 

When it became evident to me that I should be called upon to act 
upon this bill, I sought legal information and to that end directed a 
query to the Attorney General of the State of Montana, relative to the 
effect of the repeal. Judge W. H. Poorman, Assistant Attorney General 
of the State of Montana, a very distinguished jurist and sound lawyer, 
has investigated the matter and I take great pleasure in incorporating 
his opinion herein. The opinion treats the matter in such a clear and 
convincing manner that it convinced me of the gravity of the situation 
and I am sure that you will be gr*^atly benefited and clearly informed as 
to the bill. The opinion follows: 

Wo acknowledge receipt of your favor of the 22nd instant, sub 
mitting for the consideration of this department the qaestion: 

"What will be the legal status of the different 
state educational institutions, now included in the 
University of Montana, in the event of the repeal of 
Chapter 92, of the Session Laws of the Thirteenth 
Legislative Assembly, and the failure to enact other 
legislation relating thereto?" 

The provisions of the Statute relating to the educational institu- 
tions of the State covering a period of about twenty-five years are 
somewhat fragmentary, and not always harmonious or consistent. 

In Section 11 of Article XI of the State Constitution, it is provided: 
"The general control and supervision of the State 
University and the various other State educational 
institutions, shall be vested in a State Board of Educa- 
tion, whose powers and duties shall be prescribed and 
regulated by law." 

This Section of the Constitution does not confer any authority or 
impose any duty upon the State Board of Education, except to denomi- 
nate it as the moving power to carry into action legislative commands, 
respecting various State educational institutions. All powers of the 
Board must be prescribed and all duties imposed must come from writ- 
ten law in either general or specific terms. 

Various educational institutions have been established, as the 
"UNIVERSITY OP MONTANA", at the City of Missoula, 

Section 669, Revised Codes; 
The "AGRICULTURAL COLLEGE OF THE STATE OF MONTANA", 
at the City of Bozeman, 

Section 732, Revised Codes; 
The "MONTANA STATE SCHOOL OF MINES", located at Butte, 

Section 691, Revised Codes; and 
The "MONTANA STATE NORMAL COLLEGE", at the City of 
Dillon. 

Section 772, Revised Codes. 
In certain supplemental and isolated pieces of legislation, and in 
advertisements and letter-heads, these institutions are referred to by 
various and varying names, but the above are the names and designation 
given them by positive statutory law, and are, for that reason, the only 
names on which we may rely in dealing with them. 

In obedience to the spirit and intent of the State Constitution, and 
of the Enabling Act, the Legislature has not only established these in- 
stitutions, but has prescribed and regulated the powers and duties of 
the State Board of Education with respect thereto. Many of the pro- 
visions of the Statute relating to the powers and duties of the Board 
were collected and incorporated in Chapter 73 of the Session Laws of 
1909, and the Sections of the Code named therein were repealed. 



38 FOURTEENTH ASSEMBLY 

On March 12, 1913, Chapter 76 of the Thirteenth Legislative Assem- 
bly was approved and took effect as a law on that day. This Act 
specifically repealed said Chapter 73 of the Laws of 1909, and all other 
Session Laws and Sections of the Codes, relating to the powers and 
duties of the State Board of Education, and by its own provisions, pre- 
scribed all the powers and duties then thought necessary to be exer- 
cised by the Board. In this Act of 1913 (Ch. 76), the names of the 
institutions were preserved, and the State Board was given authority, 
among other things, to grant diplomas, confer degrees, etc. Under all 
laws prior to the enactment of Chapter 92, 1913, the Board dealt with 
each of the institutions as an entity, separate and distinct from every 
other institution. 

On March 14th, 1913, Chapter 92, of the Session Laws of the Thir- 
teenth Legislative Assembly, was approved and took effect as a law on 
that day. This latter Act provides that all these various state educa- 
tional institutions herein named, shall be amalgamated as one entity, 
known as "UNIVERSITY OF MONTANA", and all conflicting laws are 
repealed. Hence all laws relating to the separate names of these insti- 
tutions are repealed, and they no longer have any names or designa- 
tions, except the "UNIVERSITY OF MONTANA", and for specific 
reference the name of the department is added. Nor has the State Board 
any power or authority to act in any other name, either in the grant- 
ing of diplomas, adopting rules, prescribing standards of promotion, or 
otherv/ise. In Section 7 of said Chapter 92, reference is made to Chap- 
ter 73 of the Session Laws of 1909, in such manner as to justify the con- 
clusion that it was the intent to extend the provisions of that Chapter, 
but said Chapter 73 was repealed prior to the enactment of said Chapter 
92, and hence did not exist at that time. A law cannot be extended 
by reference to its title. 

"No law shall he revised or amended, or the pro- 
visions thereof extended by reference to its title only, 
but so much thereof as is revised, amended or extended 
shall be reenacted and published at length." 

Section 25, Article V. State Constitution. 

The only power and authority the State Board now has, with 
reference to the matters dealt with in said Chapter 92, Laws of 1913, 
are contained in the provisions of that Act — all inconsistent Acts having 
been repealed, — and the repeal of that Chapter would not have the 
effect of reviving former Acts by it repealed. 

The laws permitting these institutions to continue as separate and 
distinct entities are repealed. The laws authorizing the State Board 
to grant diplomas to graduates of these separate entities are repealed, 
and the repealing Act (Chapter 92, Session Laws 1913) provides that 
such diplomas shall be issued in the name "UNIVERSITY OF MON- 
TANA". If now this repealing Act is itself repealed, without a saving 
clause of some kind, and we apply to the law the same rules of con- 
struction that are applied to other laws, there will not exist any statu- 
tory authority for the issuance of diplomas in any name whatsoever. 
If this right continued at all, it would be by virtue of the law of neces- 
sity, not by virtue of any statutory provision. 

The effect of the repeal of said Chapter 92, Laws 1913, without 
other legislative enactment would be to leave the State Board of Edu- 
cation without any statutory authority or direction whatsoever, as to all 
the things dealt with in said Chapter 92 as matters of substantive 
lav/, for all laws inconsistent with those provisions would be repealed, 
and would not be revived by the repeal of this Chapter. Not all of the 
powers and authority granted to the State Board of Education would 
be abrogated by the repeal of this Chapter, but the Board has no author- 
ity to give a legal name to any state institution, except to give it a 
designation for its own convenience, and a diploma granted by the 



FOURTEENTH ASSEMBLY 39 

Board, without authority of law, could have no greater weight than an 
item of evidence that the person to whom it was issued had pursued 
a certain course of study for a certain time. 

The repeal of said Chapter 92 would not dissolve any of these 
institutions for the law of their creation is not any part of that chap- 
ter; but their legal designation, so far as the name is concerned, would 
he gone. Just what, if any effect, this would have on grants of money 
annually made by the general government to the Agricultural College of 
the State of Montana cannot now be conjectured. Neither the law of 
necessity nor the law of inference, with reference to the State institu- 
tions is necessarily controlling on the general government; nor is it 
necessarily advisory thereto; nor is it controlling in the construction 
by a state court of any question arising with reference to any grant, 
devise or bequest made to any of these institutions designated therein 
by their former name. 

Yours very truly, 

(Signed) W. H. POORMAN, 

Assistant Attorney General. 

That any injury can be worked in leaving the law as it now stands 
is impossible. All of the institutions have prospered in the last two 
years. The president of the University at Missoula claims phenomenal 
growth, and all of this under the present law. The matter of the 
Chancellor is in your hands. No Chancellor is likely to work for noth- 
ing. So far no provision has been made for the salary and expenses 
of a Chancellor. If no action is taken along that line by this Legislature 
it is scarcely likely that the members of the State Board of Education, 
although a majority of them voted in favor of the employment of such 
an official, will go into their own pockets to defray the expense thereof. 

In submitting this, my first veto of the session, I do so with the 
desire that you may receive the same in the spirit in which it is trans- 
mitted, that is with entire good-will and in the hope that the sugges- 
tions herein made may be of value to all who are called upon to vote 
again upon a measure which is much more important and far-reaching 
than was thought when it was in process of passage through your 
honorable body in the first instance. I have the keenest desire that the 
educational institutions of the State shall win to the highest possible 
point of efficiency; and feeling thus, I cannot permit, without pro- 
test, the passage of any law that has in it the possibility of crippling 
these institutions and bringing about a chaotic condition that may 
require years to correct. For these reasons I am compelled to dis- 
approve House Bill No. 14. 

S. V. STEWART, 

Governor. 

Veto sustained by a vote of 75 to 15. 



FALLON COUNTY BOUNDARY. 

March 16, 1915. 
Hon. A. M. Alderson, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith House Bill No. 393, introduced by Einsel, 
being "An Act establishing and defining the boundary line between 
Fallon, Wibaux and Prairie counties", without my approval and with 
my objections thereto. 

The bill apparently does not satisfy those who are interested in the 
change of the county lines between Fallon, Wibaux and Prairie, the 
counties affected. 



40 FOURTEENTH ASSEMBLY 

It also appears that there has been an error at some stage of the 
proceedings so that the courses and distances included in the bill are 
erroneous and would cause much confusion. Evidently there was an 
amendment to the bill and in incorporating this it got into the wrong 
place. 

In any event, the author of the bill and many people interested in 
the subject matter thereof request that the same be vetoed, and I have 
therefore taken such action. 

Yours truly, 

S. V. STEWART, 

Governor. 



TRANSCRIBING RECORDS. 



March 16, 1915. 



Hon. A. M. Alderson, 
Secretary of State. 
Helena, Montana. 



Dear Sir: 

I am transmitting herewith House Bill No. 218, introduced by 
Mason, being "An Act to amend Section XI of Chapter 112 of the 
Session Laws of the Twelfth Legislative Assembly of Montana and re- 
lating to the transcribing of records from an old county to a new 
county", without my approval and with my objections thereto. 

The bill is apparently a meritorious measure, and would, if in the 
right form, bring about beneficial results. However, it was drawn before 
the repeal of the law governing county divisions and creation of new 
counties, and was so drafted as to be an amendment to that law. After 
the bill was introduced and had proceeded in the course of its passage 
the law it attempted to amend was repealed in toto. 

The author of the bill, Mr. Mason, came to me about the matter 
and suggested that this legal complication had arisen and that it might 
be possible to save some of the meritorious features of the law by 
approving it. I submitted the bill to the Attorney General and he is of 
the opinion that the law would be a nullity in view of the fact that it 
attempted to amend a defunct law. 

In order that there may be no misconception in the premises by 
reason of reading this bill into the Session Laws; in full appreciation of 
the legal complications, and in order to correct the records and not 
deceive anyone in the premises, I deem it highly important that this 
law be not printed as a part of the Session Laws of the Fourteenth 
Legislative Assembly. 

I have therefore vetoed the measure, not because, as I said in the 
beginning, it is not a meritorious proposition; but by approving it and 
having it enrolled in the Session Laws someone might be deceived and 
follow its provisions to his damage and great subsequent disaster. 

Very truly yours, 

S V. STEWART, 

Governor. 



FOURTEENTH ASSEMBLY 41 

COUNTY PRINTING. 

March 19, 1915. 

Hon. A. M. Alderson, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith House Bill No. 258, introduced by Page, 
being "An Act to provide for the letting of contracts for county print- 
ing, and the furnishing of printing and printed supplies to the several 
counties throughout the State, and to repeal Section 2897 of the Revised 
Codes of Montana of 1907", without my approval and with my objections 
thereto. 

My reasons for the veto are as follows: 

First: While the bill would no doubt remedy an existing wrong 
in the matter of letting county printing contracts, in that it would 
force the contract to the lowest bidder, at the same time, in my opinion, 
it would work an injustice on the country printers in that it would allow 
the contract for all printing supplies, outside of the advertising which 
must be let by separate contract, to go to some of the large job print- 
ing establishments located outside of the county in which the work is 
to be furnished. 

Second: While it is necessary, in my opinion, that there should be 
a reclassification of the work to be done under county printing con- 
tracts. I do not consider that the classification made in House Bill 
No. 258 is fair. It divides the work into two classes, one being for adver- 
tising that must go into the local county newspaper and must be let 
to the lowest bidder regardless of the circulation or the scope of the 
publication; in other words, regardless of the amount of publicity to be 
given by the publication of the county business in any given news- 
paper. The other class of printing includes everything else, and allows 
that to go outside of the county, as suggested in the previous paragraph 
of this letter. 

In my opinion, this latter class should be subdivided into at least 
two classes; one to include blank books and work that cannot be done 
in the ordinary country printing office, and the other to include sta- 
tionery, blanks and ordinary office supplies, which can be and should 
be furnished by the local printer. 

I am of the opinion that the large printing offices in this State 
would be able under this Act to go into the rural counties and take the 
second class of county printing away from the local printer, and, while 
it might save the taxpayers a small amount of money, it would tend to 
destroy the local newspaper, which is the medium of publicity for a 
given community. Certainly this would not be fair in view of the fact 
that at least in most of the counties of this State under the present 
system the county printing is being done at a very reasonable and 
fair rate. 

My observation leads me to believe that if there is any inequality, 
or so-called graft, about the county printing matter, it is the exception 
rather than the rule. In most counties the printing goes to practically 
the lowest bidder under the present system, and while the proposed 
bill would relieve the County Commissioners from any discretion and 
force them to give it to the lowest bidder, it might work an injustice 
along another line in that the county officials would be greatly incon- 
venienced by being forced to send out of the county for the small office 
supplies required in their daily work. 

As a general proposition I believe the matter of public printing 
should be reformed and systematized so as to make it a practical busi- 
ness proposition. 



42 FOURTEENTH ASSEMBLY 

The old printing statutes have been on the books for many years, 
and may have outgrown their usefulness, if they ever were useful, for 
practical and beneficial purposes. However, I do not deem it wise to 
wipe them off without supplanting them with something better, and I 
do not think the proposed bill is a step in that direction. 

Many people have appeared before me and argued the pros and cons 
in this matter. The country press is unanimously opposed to this bill 
and some of the job offices have disapproved it. Many of the union 
printers favor the bill solely because it puts a penalty on the man who 
sends outside the State for books and other supplies. All seem to be 
agreed that something should be done. 

It has occurred to me that in order to get a right adjustment the 
matter might be rectified by having a commission draft a complete and 
comprehensive public printing bill for submission to the next Legisla- 
ture. This commission could be composed of members of the State 
Press Association, of the Typographical Union, of the County Commis- 
sioners' Association, and perhaps some business or lay members who 
could be appointed by the Governor, In vetoing this bill I make the 
suggestion that all interested should get together and each line of 
endeavor choose its representatives to co-operate v/ith those chosen by 
the other organizations, and in the two years that intervene between 
now and the meeting of the next Legislature draft a bill that will be 
fair to all concerned and that will cover the ground and do away with 
the charge of graft and extortion as well as the possibility of doing an 
injustice to either the public or those holding or bidding for public 
printing contracts. This bill should be made to include all public print- 
ing as well as county printing contracts. Cities, State institutions and 
the State itself should be regulated in such a way as to insure fair 
dealing by all concerned. 

I dislike very much to veto this bill, as it was introduced in the 
interest of economy, yet in view of the fact that the discussion of the 
measure as it has been pending before me in the last two weeks has 
brought out a great deal of valuable information, and has opened the 
way for the possibility of enacting into law many needed reforms, I 
feel that the bill has not been in vain and that the author has achieved 
a very substantial step in the right direction by precipitating the great 
interest that has been shown in this printing matter. 

Yours truly, 

S. V. STEWART, 

Governor. 



APPROPRIATIONS. 

March 17, 1915. 
Hon. A. M. Alderson, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, after executive action thereon, House 
Bills Numbers 312 and 434, together with other appropriation bills this 
day acted upon. These bills came into my hands at the end of the 
Legislative session on March 4, and have been held for consideration 
pending investigation of the financial condition of the State. 

At the beginning of the recent session of the Legislature the State 
Auditor made a detailed estimate of receipts and expenditures for the 
appropriation years ending February 29, 1916. and February 28. 1917. 
In that estimate he set forth the amount which he contemplated would 
be appropriated by the Legislature for all purposes for the two years 



FOURTEENTH ASSEMBLY 43 

and the amount of the income of the State. He estimated that the 

expenditures would exceed the income in the sum of $66,261.40. In 

arriving at this conclusion he took such items as were within his 
knowledge and approximated other items as nearly as posRible- 

In most instances he approximated correctly, but in some matters 
the appropriations exceeded his estimate. For instance: The expenses 
of the Fourteenth Legislative Assembly were estimated by him, in the 
light of expenses of past Legislative sessions, at $140,000. As a matter 
of fact, the expenses of the session that have been paid to date aggre- 
gate the sum of $151,217.12. 

The estimate made by the State Auditor did not include the fol- 
lowing items: Appropriation for the Panama-Pacific Exposition, $50,000; 
for expense of administration of Compensation Act, $50,000; for expense 
of Farm Loan Act, $25,000; for payment for cattle slaughtered to pre- 
vent the spread of foot-and-mouth disease, $33,021.06, and several other 
smaller appropriations. These items could not have been included in 
the estimate of the State Auditor, as he had no knowledge that would 
enable him to make any statement regarding them. 

Now, however, that the Legislature has adjourned, it is easy to 
estimate just about the expenditures contemplated under the appropria- 
tions. If all appropriations are paid in full, there will, as nearly as I 
can estimate it, be a deficit of $569,238.96. This is a considerable sum, 
and, in my opinion, the Legislature never contemplated the payment of 
all of this money when the appropriations were made. However, the 
Governor of the State cannot remedy the condition by the use of the 
veto. The items that in my opinion will admit of scaling are bulked, 
and there being some question as to the legal right of the Governor to 
approve an item in part and veto it in part, I am not willing to run 
the risk of invalidating any entire item, thereby perhaps leaving some 
State institution or department without any means of support unless a 
special session of the Legislature should be convened to meet the con- 
tingency. The latter expedient would be entirely too costly. 

In fact, members of the Appropriations Committee made the state- 
ment when some of these measures were pending that the money would 
never all be paid out, that the State Board of Examiners would be able 
to scale the appropriations dov/n and bring the expenditures within the 
resources and income of the State. This is passing the responsibility 
on to the Board, and there seems to be nothing for that body to do but 
accept it. I have talked with the members of the State Board of Ex- 
aminers and with some of the members of the State Board of Education, 
and I feel certain that the figures named in the appropriation bills can 
be scaled down so that a very material saving may be accomplished. 
The State Board of Education very carefully investigated the needs of 
the various institutions under the jurisdiction of that Board. In the 
light of their general knowledge of the institutions and the specific infor- 
mation before them the members made recommendations to the Legis- 
lature of the amounts which they thought would be adequate for the 
maintenance of these institutions for the coming two years. However, 
the Legislature in its wisdom provided for maximum appropriations 
aggregating more than $100,000 in excess of the estimated needs of these 
institutions, but failed to point out a way to get the money. 

If the power to veto items in part was legally established in this 
State, I would not hesitate to scale these items to the figures fixed by 
the State Board of Education. I am convinced that the amounts deter- 
mined by the State Board will be adequate and sufficient, in view of the 
circumstances of the State, to accomplish the maintenance and a fair 
growth of these institutions. Furthermore, there will not be available 
funds to admit of the expenditure by any one of these institutions of 
any sum in excess of that estimated by the State Board of Education 
and by the State Auditor in his estimate heretofore mentioned. 



44 FOURTEENTH ASSEMBLY 

The State Board of Examiners and the State Board of Education, 
in whom there is vested the power of directing and supervising the 
expenditures of all appropriations, will assume and must assume that 
the Legislature intended to designate the maximum sums that might be 
spent for the purposes indicated in the appropriation bills, and that 
only so much thereof as might be necessary and available would in fact 
be so expended. 

We are looking to the heads of the different institutions and of the 
departments to co-operate in holding down the expenditures to such an 
extent as to bring them within reach of the income. 

Yours truly, 

S. V. STEWART, 

Governor. 



(ENDORSEMENT ON H. B. 312.) 

Hon. A. M. Alderson, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

The within and foregoing bill is on this, the seventeenth day of 
March, A. D. 1915, hereby duly approved, save and except as to the item 
hereinafter enumerated, which said item is vetoed as hereinafter stated: 

The item in Section 1 of One Thousand Dollars "for the payment 
of the expenses of the Governor of the State of Montana and his Military 
Staff in attending the San Francisco Exposition upon an official visit", 
is vetoed in its entirety. The State has already appropriated $50,000 
for use in the matter of the exposition now being held in California. 
I am of the opinion that while the trip contemplated would be most 
pleasant, nevertheless, in view of the condition of the finances of the 
Slate, I do not think either the Governor or his Staff would be war- 
ranted in causing to be devoted to the exposition purposes any more 
than the appropriation already mentioned. 

All other items are approved in full. 

; Yours truly, 

S. V. STEWART, 

Governor. 



FIFTEENTH ASSEMBLY 

1917 



MESSAGE. 



Ladies and Gentlemen of the Fifteenth Legislative Assembly: 

"The Governor shall at the beginning of each session, and from time 
to time, by message, give the Legislative Assembly information of the 
condition of the State, and shall recommend such measures as he shall 
deem expedient." 

These are the words of the Constitution of Montana. They are 
plain and explicit and I cheerfully obey their mandate. The disposi- 
tion to be made of the recommendations is wholly within your dis- 
cretion. The Governor has imposed upon him the duty of suggesting 
and is given the power of final consideration within certain limits. The 
task of formulating the needed measures and of weighing the different 
constituent elements of each is wholly yours. You are the builders and 
the makers of legislation. The Governor suggests what to him seems 
a fit subject of legislation and you return to him a completed law which 
he must approve or reject in its entirety. While the Constitution 
arbitrarily separates the field of our respective endeavors, permit me to 
suggest to you that there is still much opportunity for co-operation, and 
that I stand ready to join with you in everything contemplated for the 
betterment of Monana and her citizens. 

In this regular session there will be much of routine and a very 
considerable amount of uninteresting matter for your ultimate action. 
Nevertheless there will be full opportunity for the consideration of many 
matters of absorbing interest and prime importance to the State and to 
the people. Within the period that has elapsed since the Fourteenth 
Assembly convened our State has made remarkable strides in the process 
of her development. Today Montana is bigger and better in her every 
element than ever before. Her resources have developed and increased 
in value; her institutions have grown in importance and effectiveness; 
her citizens have multiplied and the standard of citizenship has attained 
such a degree of excellence as to find favor in the esteem of all those 
who respect civic virtue and cherish high ideals of morality. 

The recent years have brought many people to our State, and good 
crops, high prices and general business conditions have contributed to 
the individual prosperity of our populace. New burdens have come 
with increased population, burdens that more than outweigh the con- 
sequent increase in the income of the State. We should not forget that 
the taxable value of our property is greatly restricted when compared 
with the vast area over which we are compelled to administer govern- 
ment. Therefore our first and greatest care should be to provide ade- 
quately for the needs of the State government without imposing an 
undue burden upon the people in this time when the needs and neces- 
sities of the citizens are most acute. 

It is not my purpose to burden you with a long message or to make 
many recommendations for your consideration. While I shall touch upon 
some matters that are in my opinion fit subjects of legislation, I want to 
impress upon you at the very outset of this session that the prime and 
paramount duty now before you has to do with matters of State finance. 

The present activities of the State are numerous and they are today 
absorbing more money than the ordinary revenues are providing. Since 
the formation of State government in Montana the State has been prac- 
tically run on credit from year to year. This has been accomplished 
through the payment of the current expenses for a given year from 
the amount collected in taxes for that year. State warrants have not 
gone unpaid, by reason of the use of the permanent school and institu- 
tional funds in the purchase of these warrants. The warrants have 
been carried in the school funds until taxpaying time in the fall and 
then the tax money, augmented by the other income of the State, has 
generally been sufficient to take up the warrants and start the State 



48 FIFTEENTH ASSEMBLY 

off even for another year. This custom has been pursued for many 
years. It has always been more or less disturbed by the constantly 
increasing demand for appropriations and the corresponding disposi- 
tion on the part of the Legislative Assembly to make appropriations 
regardless of the estimated income for the forthcoming appropriation 
period. 

Over- Appropriations- 
Four years ago when this administration took over the affairs of 
government and the Thirteenth Session began its work, there was in the 
State treasury the sum of $243,100.39. Warrants had to be taken over 
by the school fund soon after the adjournment of the session. That 
Assembly made appropriations that were at least $300,000.00 in excess 
of the estimated income of the State for that period. By strict economy 
and care on the part of the State Board of Examiners, even in the face 
of unusual expenditures in the Butte trouble, the State treasury showed 
a balance of $56,645.18 on January 1, 1915. 

Then came the Legislative Session of that year, and all estimates are 
shattered. At the beginning of the session the State Auditor estimated 
that the probable necessary expenditures for the forthcoming two years 
would outrun the income by about $66,000.00. 

In his estimate the Auditor approximated the expenses of the Four- 
teenth Legislative Assembly at $140,000.00, whereas such expenses actu- 
ally aggregated $155,423.30. It is interesting to note in this connection 
the steady increase in the cost of the Legislative sessions. The session 
of 1909 cost $73,729.22; that of 1911 cost $105,224.90; that of 1913, $130,- 
972.40; and the 1915 session the above mentioned sum of $155,423.30. A 
part of this increase is undoubtedly necessary and proper, but some of 
it must seem to be unnecessary and should be obviated. Your attention 
is respectfully directed to this matter. 

The State Auditor did not include in his pre-session estimate the 
very considerable appropriations made for the Panama-Pacific Exposi- 
tion exhibits, the maintenance of the Compensation department, the new 
Farm Loan department, or the money paid for stock slaughtered by 
reason of foot-and-mouth disease. Neither did he take into consideration 
the fact that the Legislative Assembly provided larger sums for certain 
specified purposes than he had deemed necessary. 

It is sufficient for me to advise you here that in my opinion the 
Legislative appropriations aggregated at the very least a half million 
dollars more than the estimated income. My estimate given in a state- 
ment conveyed to the Secretary of State with the general appropriation 
bills placed the possible deficit at $569,238.96, while a subsequent esti- 
mate by the State Auditor placed the amount at about $700,000. With 
that burden of excess appropriations the State Board of Examiners began 
to work along the line of retrencliment. Many savings have been made 
and as a result some of the departments and all of the State institutions 
have been deprived of much neded financial support. Today the deficit 
is only $184,595.12. This is the amount of warrants in the school fund 
that could not be taken up with the tax and other money available. 

Liquor License Rcvennes. 

A consideration of this matter l>rings us face to face with another 
financial problem. The State's revenue from liquor licenses has fallen 
off very considerably in the last two years. The income from this source 
was about $40,000.00 less for 1916 than for 1914. This w^as no doubt 
due to the prohibition legislation. It is fair to assume that the loss will 
be greater in 1917 and 1918. and we know that the income from that 
source will entirely cease at the pnd of 1918. It is a very considerable 
sum. being $346,784.91 in 1916. and some provision should be made to 
compensate the general fund on account of the loss. 



FIFTEENTH ASSEMBLY 49 

In this connection I do not want to be understood as deploring the 
situation; rather would I commend the people for the advanced step 
along the lines of civic betterment and moral refinement, even though 
it has affected the revenues of the State. 

Taxes have not increased in volume as rapidly as could be expected. 
Most of our new settlers are homesteaders and people of limited means. 
They will be taxpayers in time, but today we are confronted by the fact 
that but thirty-five per cent of our lands are actually vested in private 
or corporate ownership and consequently taxable. Large areas will 
remain permanently in government ownership, but very considerable 
quantities will pass to private ownership and become taxable in the near 
future. 

Complaint has been made of our tax system. It is not perfect and 
it is unlikely that any perfect system could be devised. Our interests 
are as conflicting as our industries are varied. In this situat^'on we 
are fortunate and nevertheless perplexed. The subject of taxation is a 
large and a difficult one. I respectfully suggest that the subject will 
consume more time than is at your disposal and that it should have 
expert investigation. To that end I recommend that you create a non- 
partisan commission to be charged with the duty of fully investigating 
the whole subject of taxation in Montana, and fully authorized to draft 
a suitable constitutional amendment and statutory laws for the adequate 
and fair distribution of the burdens of taxation, for submission to the 
next session of the Assembly. It should not be forgotten, however, that 
there must be some provision for immediate revenue and that the reali- 
zation of the plan just suggested will not meet the exigencies of the 
present occasion. 

The adoption by the people at the last general election of a Con- 
stitutional amendment enlarging the powers and authority of the State 
and County Boards of Equalization will no doubt contribute in some 
degree to the relief of the present situation. 

Consolidation of Offices. 

In view of the general financial condition of the State it would seem 
unwise to create many new departments or offices. The people are not 
demanding more public officials, but rather they are insisting upon a 
higher degree of efficiency on the part of those already existing in the 
performance of their duties. I am convinced that a saving may be 
made in the transaction of the State's business by an adjustment and 
consolidation of some of the existing departments. 

The Compensation or Industrial Accident department has fully 
justified its creation. It has performed a most important service for 
the people of Montana in an efficient and economical manner. The 
first aim of this department embodies the idea of safety. That being 
the case, I respectfully suggest that all departments having to do with 
safety inspection should be merged into the Compensation department. 
This should include the Boiler Inspector's department, the Quartz Mine 
Inspector's department, and the Coal Mine Inspector's department. 
Your attention is respectfully directed to this matter. 

The experience of the past two years has demonstrated the neces- 
sity for certain amendments to the existing Compensation law. I think 
that some of these amendments are essential and should be adopted. 
They are plainly set forth in the reports of the Board, which reports 
will be submitted to you for your careful consideration. 

Another economy may be effected by merging the State Board of 
Stock Commissioners, the State Board of Sheep Commissioners and the 
State Livestock Sanitary Board into one body. The new board should 
be of limited membership in order to make it both economical and 
effective. 

It is also possible to effect another saving in the consolidation of 
the Weights and Measures department and the State Board of Health. 



bO FIFTEENTH ASSEMBLY 

Experience has taught that no good purpose can he served by too 
many boards or departments. Investigation will no doubt result in the 
formation of a comprehensive plan for the administration of the dif- 
ferent matters now handled by these various boards. 

State Purchasing Agent. 

Many of the States have provided a Purchasing Agent or a Pur- 
chasing department, with full power and authority to make purchases 
of all supplies required by the State. Experience in those States has 
developed the fact that great economies may be accomplished by buying 
all State supplies in quantities and by the employment of men expert in 
the purchasing of the required commodities. The subject is well worthy 
of your attention. 

Printing. 

Two years ago it was my pleasure to direct the attention of the 
Legislative Assembly to matters of printing. I take this occasion to 
again remark that much unnecessary printing is required under the 
terms of the primary and election statutes now in force in the State 
of Montana. Other and further economies may also be effected by 
the amendment of the statutes having to do with public printing. 

Primary Law. 

The Primary law should be simplified and the matter of alpha- 
betical arrangement of names on hallots abolished. I do not believe 
that the people v/ould approve any measure attempting to abolish the 
principles of the Primary law, but they will certainly welcome any 
amendment that will make it less expensive and less cumbersome. 

Good Koads. 

Suitable legal provision should be made to enable the State to 
enjoy the benefits of the new national good roads law. The law govern- 
ing our own State department should be shaped to meet the exigencies 
of the occasion. In this I would respectfully urge that the provisions 
of our State law having to do with the licensing of motor vehicles be 
so amended as to impose the burden of furnishing number plates upon 
the State and compel the payment of all moneys and fees collected in 
that behalf into the State treasury. 

The law should further fix the responsibility of the enforcement 
of the provisions having to do with registration upon the Highway Com- 
mission. Many vehicles have been escaping registration and conse- 
quent payment of the fee by reason of the fact that it is apparently the 
particular business of no one to compel strict compliance. 

State Institutions. 

The reports of those in charge of the different State institutions 
will be before you for your careful consideration. These reports give 
the details of the institutional growth, progress and condition at con- 
siderable length. It is sufficient for me to say to you at this time that 
all of the institutions of the State are in a thriving condition and 
are growing beyond expectation. The great difficulty in all instances 
is lack of financial support to justify adequate development. Some 
new buiUlings have been erected at the penal, charitable and such 
kindred institutions, whereas the educational institutions have been 
denit].'\ the opportunity to enjoy the same expansion. 

In the view of the State officers and board members the first obli- 
gation was toward the poor unfortunates, the dependents of the State, 
those for whose comfort and welfare we must provide within the State.' 
Invidious comparisons have been made between the amount of money 
spent by the State for the care of the insane, the criminal, the orphans 
the wayward and the deficient on the one hand and the amount spent 
in the cause of higher education on the other hand. Our answer is that 



FIFTEENTH ASSEMBLY 51 

while both causes are twentieth-century necessities the former is the 
more pressing and must have first consideration. It is to he regretted 
that there are not sufficient funds available to satisfy the needs of all. 

Chancellorship System. 

Under the Chancellorship system now in effect we have systematized 
the work of the educational institutions and have adopted a budget 
system. You will have the benefit of this system in the matter of con- 
sidering appropriations for the greater University and its constituent 
parts. The experience of a little less than a year has proven that we 
are attaining a higher degree of efficiency and getting better results for 
the money expended than was possible under the old system. In the 
selection of a Chancellor we secured a man of eminent standing in the 
educational world, and our system is attracting the attention of educa- 
tors everywhere. I am sure that your best efforts will be given to the 
matter of financing this system and developing it in its various 
features. 

This budget system should be utilized in the handling of the finan- 
cial affairs of the other State institutions and should ultimately come 
into general use in all of the State departments. 

At the State University of Missoula the attendance has almost 
doubled in the last four years. No new buildings have been erected, 
although the capacity of the plant was overtaxed without the increased 
attendance. 

Within the past few weeks a very disastrous fire occurred at the 
College of Agriculture and Mechanic Arts. The chemical laboratory 
was destroyed, together with much of the contents thereof. There was 
some insurance, but not nearly enough to make the State whole. With 
the loss of this building the conditions at Bozeman are likewise crowded. 

The fact is that all of the educational plants have been more than 
taxed to their capacity, and some relief must come or the cause of 
higher education in Montana will suffer a considerable injury. 

Industrial School. 

The State Industrial School at Miles City is in first-class shape. 
The last Assembly provided for the purchase of more land. One hundred 
and sixty acres were bought and added to the tract. It has given the 
management an opportunity to employ the boys, and splendid results 
have been obtained. The institution is sadly overcrowded. Recently 
there were 106 boys and 37 girls therein. Boys and girls should not 
be kept together under such circumstances. This institution would 
accommodate the wayv;ard boys of the State without difficulty, but it 
is not possible to handle the boys and girls together and get even moder- 
ate results. The Superintendent and local board advise me that land 
may be obtained near the present institution and buildings erected for 
the accommodation of the girls, and the same handled under the pres- 
ent management at a minimum cost. It seems absolutely necessary 
that there be an institution for girls. The suggestion of the local man- 
agement seems to me reasonable and if adopted will no doubt make for 
economy and efficiency. 

Hospital for the Insane. 

The number of insane has increased in proportion to our popula- 
tion. Four years ago there were 851 inmates at the State Hospital. At 
the close of the fiscal year, November 30 last, there were 1067 inmates. 
The capacity of this institution is also sadly overtaxed. It is only a 
question of time when we must have another institution. Just what can 
be done at this time I cannot advise you, but I do respectfully call your 
attention to the existing conditions, that you may give to the question 
such thought and attention as may be possible. 



52 FIFTEENTH ASSEMBLY 

State Prison. 

The number of inmates of the State Prison also has been very 
largely increased. However, the fact that we are able to work a good 
many of the prisoners on the outside has relieved the situation very 
appreciably. The Warden advises me that the indeterminate sentence 
law enacted by the last Legislative Assembly has resulted in increasing 
the number of prisoners. This is due to the fact that a great many of 
the District Judges of the State have failed to properly interpret the 
spirit of the law, in that they have fixed the maximum and minimum 
sentences so nearly together that it results in the defeat of the object 
sought to be attained. 

Under the old system of inflicting a flat sentence a prisoner could 
ordinarily be paroled after having served half of the sentence. The 
new law provides that the prisoner shall not be paroled until he has 
served the minimum of his sentence. In the case of a sentence of 
not less than four years and eleven months nor more than five years, 
it is readily discerned that no parole is possible, because the good time 
that the statute contemplates for exemplary conduct will terminate the 
sentence before a parole may intervene. Many such sentences as the 
one indicated have been imposed. I would suggest that there should be 
an amendment to the indeterminate sentence act in order to hold the 
maximum and minimum penalties farther apart. 

The last session of the Assembly provided for a bond issue of 
$100,000.00 for buildings at the Hospital for the Insane and the Tuber- 
culosis Sanitarium. The money has been expended and very substantial 
and modern buildings have been erected at both institutions. 

Other State Institutions. 

It is my very great pleasure to report that all of the State institu- 
tions — the ones already mentioned, the Orphans' Home at Twin Bridges, 
the School for Deaf and Blind at Boulder, and the Soldiers' Home at 
Columbia Palls — are fortunate in that the management in each instance 
is capable and efficient. 

State Fair. 

The State Fair has prospered during the past two years, although 
there has been a slight falling away of revenue by reason of the aboli- 
tion of racetrack gambling. However, I am prepared to say to you at 
this time that no more beneficial or acceptable reform has been accom- 
plished in the State of Montana than that which forever abolished 
racetrack gambling in the State. 

National Guard. 

In the Executive Message of two years ago mention was made of 
the service rendered the State of Montana by the National Guard in the 
matter of the Butte disturbances. Since that time the Guard has again 
distinguished itself, but in a different field of service. The regiment has 
been developed, augmented in numbers and drilled to such an extent that 
in the service it was called upon to perform on the border the officers 
and men were the subject of much commendatory mention and notice. 
You should not forget to give to the National Guard of Montana a full 
measure of credit and such substantial support as may be found neces- 
sary and possible. 

Expositions. 

Mention lias already been made herein of the fact that the Four- 
teenth Assembly made appropriations for exhibits at the Expositions at 
San Francisco and San Diego. This money was well expended. It gave 
to Montana much favorable advertising and resulted in the capture by 
the State of tlie grand prizos for cereals and apples, as well as the award 
of many medals to our citizens. This expenditure and consequent adver- 
tisement of our resources and products has contributed very materially to 
the splendid growth of the State. 



FIFTEENTH ASSEMBLY 53 

Farm Loans. 

Montana is rapidly becoming an agricultural State. Our farming 
population will become more and more important as time goes on. In 
order that the farming industry and those engaged in agricultural pur- 
suits may prosper they must have cheap money and low interest rates. 
This has been a subject of legislative consideration in both Nation and 
State. Two years ago in my regular message I called attention to the 
fact that suitable legislation should be enacted to admit of loaning the 
State school funds. Since that time the Supreme Court of the State has 
held that these funds may be legally loaned under the existing law. How- 
ever, that law as construed by the Supreme Court does not go further 
than to vest in the State Board of Land Commissioners that right to 
make loans from the funds, taking real estate mortgages as security. 

It seems to me that this Assembly should define the terms and 
conditions under which these loans may be made. The State school 
fund is a sacred trust. Losses occurring must be made good from the 
general fund. Too much care cannot be exercised in the investment of 
this trust fund of the children of the State of Montana. We are all 
anxious to bring the cheaper money and the low interest rates to the 
farmers. In my message of two years ago I made this statement: 

"I am satisfied that a certain amount of this money can be utilized 
to advantage in making farm loans. With our growing population 
the amount of money available will not perhaps satisfy the needs or the 
demands of the borrowers, but it may tend to regulate interest rates 
and promote better conditions with regard to farm credits." 

I am still firmly of that opinion. The new National Rural Credits 
Act will bring a considerable degree of relief along the lines just men- 
tioned. The benefits of that act, taken in connection with a proper 
handling of the State funds ought to bring much prosperity to the 
agricultural interests of the State. 

In view of the growing importance along agricultural lines your 
attention is respectfully called to the necessity for co-operation by the 
farmers of Montana. Suitable laws should be enacted to promote suc- 
cessful business co-operation in the conduct of elevators, creameries 
and similar enterprises, and for the formation of marketing associa- 
tions. There should be a course established in the Agricultural College 
for the training of the youth along the lines of farm and co-operative 
management. 

Grain Inspection Law. 

The grain inspection law should be so amended as to define the 
term "unfair practices" and provide adequate punishment therefor. 
Our State law should be made to co-ordinate with the new Federal 
grain-grading law. 

State Hail Insurance. 

Suitable provision should be made for State hail insurance at 
actual cost, the money to be raised upon the same principle as is 
employed in raising money for livestock indemnity and bounty purposes, 
the administration of the law to be carried out by the present officers 
of the State and counties. This may require a constitutional amend- 
ment, but if so it should nevertheless be accomplished. 

Compensation for Slaughtered Stock, 

Much time, money and effort have been devoted to the upbuilding 
of the dairy industry in Montana. Our Dairy department has done 
much tow^ard raising the standard of the dairies and their products. 
The importation of thoroughbred dairy stock has played an important 
part in this matter also. Although considerable tuberculosis has de- 
veloped in the imported herds it would seem that our present statute 
providing for the compensation of owners of destroyed tubercular stock 



54 FIFTEENTH ASSEMBLY 

is not broad enough or liberal enough to adequately compensate the 
owners of high-priced and blooded dairy stock. Your attention is 
respectfully called to this condition, in order that the dairy industry 
in the State may be encouraged and developed. 

State Owned Terminal Elevator. 

Farmers in the grain-raising sections of the country are all inter- 
ested in State-owned terminal elevators. Montana is now a great grain- 
growing State, but we are only in the infancy of production. We 
should not delay making provision for the handling of the crops of the 
future. I would suggest the importance of legal provisions to admit of 
the State building terminal elevators when the necessity arises. 

State Fire Insurance. 

The matter of State fire insurance for the buildings and improve- 
ments now owned by the State is respectfully called to your attention. 

Bounties. 

The experience of the last few years indicates that bounty reforms 
are necessary. This State is paying a great deal of money for bounties 
that might possibly be saved if it were not for the fact that our bounty 
allowances are in excess of those of our neighboring States. 

Congressional Districts. 

Your attention is respectfully directed to the necessity for dividing 
the State of Montana into Congressional districts. 

Election Laws. 

Much benefit has been derived from the Absent Voter law enacted 
by the last Assembly. It has been suggested that the law could be 
made broader in its terms in order to admit of the voting of those 
physically unable to reach the polls. 

Enrolled Militia. 

Complying with the provisions of the Statutes, I have the honor to 
advise you that, according to the returns of the County Assessors of the 
several counties of the State, the number of able-bodied male citizens 
qualified for the performance of military duty is 71,179. 

Disbursements by the Governor. 

In accordance with the provisions of the Constitution, I submit the 
following statement of moneys belonging to the State and received 
by the Governor and by him paid to the State T^eaemrer, for the 
biennial period ended November 30, 1916. 

Five per cent Government land sales $48,903.36 

25 per cent Government forest reserve receipts 169,441.50 

U. S. aid to State Soldiers' Home 17,700.00 

Total $236,044.86 

Conclusion. 

In closing permit me to suggest to you that partisanship should 
have little part in our deliberations. While we were all elected on 
tickets having political party designations, I am sure that we all realize 
that party solidarity was rudely shattered in Montana, as elsewhere in 
the United States on November seventh last. The ultimate object of 
all government is efficiency. The people exercised a degree of discrimi- 
nation in the selection of this legislative body. It cannot be said to 
have been a political discrimination, but rather a personal one. 

It is very evident that a record of party loyalty will not serve as 
a substitute for personal and official efficiency. The people of the 
various counties will not sit around their firesides this winter and gloat 



FIFTEENTH ASSEMBLY 55 

over the fact that you are following the party leader and voting con- 
sistently for party measures only. There are no party measures, and 
the people know it. The people want results — some nonpartisan, 
ordinary workaday results without any party label, but sufficiently 
plain and homely to be of service to them as individuals rather than 
to the politicians. If you are to give forth such results you must for 
the time forget ail other considerations save the State and her citizens. 

With this central thought in mind I extend to you a most cordial 
invitation to join hands and unite our efforts in the splendid cause of 
legislating for the w^hole people. If our efforts are to succeed we shall 
need to be diligent, studious, conservative and constructive. May we 
with confident assurance indulge the hope that the results may justify 
our fondest expectations. 

S. V. STEWART, 

Governor. 



SPECIAL MESSAGES. 



FEDERAL AID FOR ROADS. 

March 1, 1917. 

The Speaker of the House of Representatives, 

Helena, Montana. 

You will recall that in the regular message submitted at the be- 
ginning of the session the attention of the Legislature was directed to 
the necessity of passing laws to enable the State to take advantage of 
the Federal aid in good roads matters. Some bills have been intro- 
duced along this line, some of which have been killed. One Senate 
bill has been passed by both houses and is ready for executive con- 
sideration, to-wit: Senate Bill No. 167. 

I am just in receipt of a letter from the Secretary of Agriculture in 
which he insists that the assent of the State should be plain and unequi- 
vocal, and should not delegate the authority to some officer or board to 
make the assent. The Senate bill authorizes the State Highway Com- 
mission to assent to the provisions of the Act of Congress. 

There is pending before you House Bill No. 51, which seeks to 
authorize the Governor to assent. This bill can be amended so that 
the State directly consents instead of the Governor being authorized to 
consent. I would respectfully suggest that House Bill No. 51 may be 
amended to meet the requirements of the Government if the first two 
lines of Section 1 are made to read "The State of Montana hereby 
assents to the provisions of the Act of Congress, etc.," instead of the 
Governor as in the case of House Bill No. 51, and instead of the High- 
way Commission as in the case of Senate Bill No. 167. 

I am transmitting herewith the letter of the Secretary of Agri- 
culture for your appropriate consideration. 

All of this is done in order that there may be no misunderstand- 
ing in case of failure to provide for the acceptance of the Federal aid, 
as there is ample time to get House Bill No. 51 amended and passed. 

I would also respectfully suggest that House Bill No. 51 is a reve- 
nue measure, being designated solely to enable the State of Montana to 
accept the Federal aid, and I am sure therefore that it will not fall 
within the prohibition of the Senate rule. 

Respectfully submitted, 

S. V. STEWART, 

Governor. 



56 FIFTEENTH ASSEMBLY 

TVHEATLAIVD AND CARTER COUNTIES. 
(Statement Giyen to the Press.) 

When asked relative to possible action on Senate Bins Nos. 58 and 
76, creating Wheatland and Carter counties, Governor Stewart made 
the following statement: 

"Pour year ago I vetoed a number of bills passed by the Thirteenth 
Legislative Assembly, attempting to create counties by direct Legisla- 
tion action. At that time I based my veto upon the proposition that 
the Legislature had no authority to create counties in that manner, 
having passed a general law delegating that power to the people. I 
also commented somewhat upon the effect of such legislation, and ex- 
pressed doubt as to the wisdom of creating counties by Legislative 
enactment. 

"I still entertain the views expressed in the veto messages of four 
years ago, on both the legality and the wisdom of the procedure. How- 
ever, there has been no let-up in the attempt to force county bills 
through the succeeding Legislative Assemblies. 

"At the beginning of this session I made up my mind that the first 
bill that came to this office, seeking to create a county, would be 
allowed to become a law; not by means of executive approval but by 
the simple expedient of holding the bill for five days and thereby 
allowing it to become a law without executive action. 

"Today Senate Bill No. 58, looking to the creation of Wheatland 
county, and Senate Bill No. 76, looking to the creation of Carter county, 
were transmitted to this office together, the obligation being thereby 
imposed upon me of picking out one of the measures for a test case. 
I do not care to make such a choice, and therefore shall hold both 
bills for the five-day period and then transmit them to the Secretary of 
State, so that they may become laws without executive action. I do 
this in order that a test case may be made, and the question of the 
authority of the Legislature to create counties forever settled. 

"In taking the action indicated I want it distinctly understood 
that I am not receding from the position heretofore taken but merely 
hope to effect an adjudication that will clear the whole matter up. 
As far as I am concerned I shall not approve any county measures at 
this session of the Legislature unless the Supreme Court holds that it 
is within the jurisdiction of the Legislature to create counties. I am 
of the opinion that the two blls indicated will enable those interested 
to make a test case, and that there will be no necessity of allowing 
any other bills to pass by this office as these bills have been allowed 
to pass." 



VETO MESSAGES. 



STATE EXAMINER'S FUND. 

February 21, 1917. 
The Speaker of the House of Representatives, 

Helena, Montana. 

I am returning herewith House Bill No. 133, relative to the fees to 
be paid into the State Examiner's fund by incorporated cities and 
towns and school districts of the first and second class, without my 
approval and with my objections thereto. 

This bill is vetoed for the reason that under the present system of 
the examination of cities and towns it is found that the system is 
extremely unsatisfactory. 

In the first place, as now conducted, the fees charged puder the 
old law, which this bill seeks to reduce, do not defray the entire ex- 
penses of the examinations. If the examinations are to be conducted 



FIFTEENTH ASSEMBLY 5" 

they should be conducted at the expense of the cities and towns to be 
examined, and there is no justification, in my opinion, for reducing 
the fees to be collected. 

I would suggest that there is yet time to remedy the most glaring 
defect in the law, which is sought to be amended. Cities of the third 
class and towns should only be subjected to examination upon applica- 
tion made by the city or town authorities. In other words, there 
should be a provision relative to cities of the third class and towns 
similar to the provision relative to school districts, so that the exami- 
nations need be made only upon application of local authorities. 

Under present conditions in this State most of the towns have a 
very loose and inadequate system of bookkeeping, and the limited 
amount of business transacted in the smaller municipalities will not 
justify the installation of an elaborate system. As long as they are 
satisfied and no one complains locally it is hardly the business of the 
State to interfere, but if the State provides examination facilities which 
are available to the cities or the municipalities upon a proper request 
the necessities of the occasion will be met. 

In my opinion there is yet time to enact a bill that will cover this 
situation, and thereby relieve the cities of the third class and towns 
from paying fees unless a certain percentage of the citizens or the legal 
authorities request the examination. For that reason I am vetoing 
House Bill 133, and returning the same to you for your appropriate 
action. 

S. V. STEWART, 

Governor. 
Veto sustained by a vote of 78 to 8. 



RACE TRACK BETTING. 

February 28, 1917. 

The Speaker of the House of Representatives, 

Helena, Montana. 

I am returning herewith House Bill No. 333, entitled "An Act to 
Amend Section 1 of Chapter 55 of the Laws of the Fourteenth Legis- 
lative Assembly of the State of Montana, Relating to Wagers", without 
my approval and with my objections thereto. 

I do hereby veto the bill and refuse my approval of the same for 
the reason that I do not believe in the principles involved in the at- 
tempted legislation. 

As the bill passed both houses by substantial majorities, I take occa- 
sion to return it promptly in order that the members may have an 
opportunity to consider the veto before adjournment. 

Respectfully submitted, 

S. V. STEWART, 

Governor. 
Veto sustained by a vote of 44 to 43. 



BOXING BILL. 



March 1, 1917. 



The Speaker of the House of Representatives, 

Helena, Montana. 

I am returning herewith House Bill No. 329, entitled "An Act Creat- 
ing and Providing for County Athletic Commissions in Counties of the 
First Class and Regulating Boxing and Sparring Contests in Counties of 
the First Class in the State of Montana", without my approval and with 
my objections thereto. 



58 ^ FIFTEENTH ASSEMBLY 

The bill is hereby vetoed and my approval thereof refused by rea- 
son of the fact that twice the people have spoken against the proposi- 
tion of legalized boxing and sparring contests in the State of Montana. 
While it is true that this bill is designed to be special in its operation, 
nevertheless it was passed as a general measure and must of necessity 
be considered by all as a general law, applicable to all counties of the 
first class. 

I am returning the bill to you before your adjournment so that 
the members may have an opportunity to give further consideration to 
the subject. 

Respectfully submitted, 

S. V. STEWART, 

Governor. 
Veto sustained by vote of 43 to 45. 



SPECIAL APPROPRIATION. 

March 9, 1917. 
Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

Herewith I am transmitting House Bill No. 426, without my 
approval and with my objections thereto. 

This bill attempts to appropriate money to pay a warrant of the 
Arid Land Commission held by George F. Benninghoff, for debts in- 
curred by said Commission. 

Under the provisions of the law the claim is not a legal obligation 
of the State. Two opinions from the Attorney General's office hold 
this view; one by former Attorney General Kelly and one by present 
Attorney General Ford. 

Therefore, in view of the fact that the claim could not be paid, 
even if this Bill should be approved by me, and in view of the further 
fact that if the Bill was approved and allowed to go into the Auditor's 
office it would involve more or less difficulty and confusion, I am 
refusing my signature thereto. 

Yours truly, 

S. V. STEWART, 

Governor. 



STATE BOARD OF EQUALIZATION. 

March 9, 1917. 
Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith Senate Bill No. 140, without my 
approval and with my objections thereto. 

This Bill is entitled "An Act to amend Section 2585, Revised Codes 
of the State of Montana, relating to the powers and duties of the State 
Board of Equalization." 

In my opinion the Bill would tend to impose restrictive conditions 
upon the State Board of Equalization. For years we have found basis 
for complaint in the fact that the State Board of Equalization was not 
clothed with adequate power to perform the functions for which it was 



FIFTEENTH ASSEMBLY 59 

created. Two years ago the Legislative Assembly passed a Bill sub- 
mitting a Constitutional amendment, which amendment was adopted at 
the last general election. This amendment clothes the Board with wide 
authority and perhaps some legislation should have been enacted in 
order to make the provisions of the new amendment more easily work- 
able. However that may be, in my opinion the provisions of this Bill 
are restrictive and I can see no good that would be accomplished by 
my approval of the measure. 

Therefore Senate Bill No. 140 is submitted without my approval. 

Yours truly, 

S. V. STEWART, 

Governor. 



BUREAU OF CRIMINAL IDENTIFICATION. 

March 14, 1917. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

Herewith I am transmitting Senate Bill No. 166, being an Act 

entitled 

"An Act for the creation and maintenance of a 
Bureau of Criminal Identification for the purpose of 
bringing about co-operation among County Attorneys, 
Sheriffs and Police Officers to the end that the num- 
ber of criminal cases prosecuted by the State may be 
reduced, habitual criminals more carefully identified 
and fugitives from justice apprehended; also providing 
for a special fund for the maintenance of said Bureau, 
also fixing the salaries and duties of the officers 
thereof", 

without my approval and with my objections thereto. 

My reason for not approving this Bill is that it provides for the 
creation of three new offices, to-wit: a superintendent at a salary of 
$2,400 a year, a first assistant at a salary of $1,800 a year, and a clerk 
at a salary of $1,200 a year. I am convinced there is much merit in the 
finger-print system. The Warden of the State Prison advises me that 
he already has the system installed and that he can maintain it without 
very much extra expense. Some counties in the State and some cities 
have also installed the system at their own expense. I am convinced 
that they can maintain the system and keep up the work at very much 
less expense than this Bill contemplates. I know that the Warden can 
do the work contemplated in the establishment of a central bureau 
without all of these extra assistants, and without the expenditure of any- 
thing like $5,400 a year therefor. 

Because of the fact that the Warden already has the system estab- 
lished at Deer Lodge and because of the additional expense contemplated 
under the Bill, I am refusing my approval thereof. 

Yours truly, 

S. V. STEWART, 

Governor. 



60 FIFTEENTH ASSEMBLY 

NORTHERN MONTANA SCHOOL. 

March 14, 1917. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

Herewith I am transmitting Senate Bill No. 149, being an Act 
entitled 

"An Act to amend Section 5 of Chapter 67, Laws of 
the Thirteenth Legislative Assembly, and to make defi- 
nite the number and personnel of the Local Executive 
Board of the Northern Montana Agricultural and Man- 
ual Training School, and to define the powers of said 
Local Board", 

without my approval and with my objections thereto. 

This Bill was drawn and introduced for the express purpose, as it 
recites, of bringing the Northern Montana Agricultural and Manual 
Training School into the uniform system of government prescribed in 
the general laws. The Bill refers to Paragraph 107, Chapter 76, Laws 
of the Thirteenth Legislative Assembly, and recites that it is the purpose 
of the Act to make the government of the said institution as far as 
possible uniform with the government and control of the other State 
educational institutions as now provided by law. 

I am convinced that a mistake has been made in transcribing or 
copying the Bill at some stage of its passage, because cue terms are 
contradictory. In addition to stating the objects just recited the Bill 
provides for four members of the Local Board. The Section referred to. 
Section 107 of Chapter 76, Laws of the Thirteenth Legislative Assembly, 
provides "there shall be an executive board consisting ui tnree members 
for each of said institutions, two of whom shall be appointed by the 
Governor by and with the consent of the State Board of Education, and 
the president of such institution shall be ex-officio a member of said 
Board." 

It is very evident that the original intention was to create a board 
of three members, such as there is nov/ in existence for each of the 
other State educational institutions. Section 5 of Chapter 67, Laws of the 
Thirteenth Legislative Assembly, contains provision to the effect that 
there shall be three members of the Local Board of the Northern Mon- 
tana Agricultural and Manual Training School. The only difference 
between that provision and the general provision contained in Para- 
graph 107, Chapter 76, Laws of the Thirteenth Legislative Assembly, is 
that under Section 5 of Chapter 67 the Board of Education must make 
the appointments by and with the approval of the Governor; whereas, 
under the general law as contained in Section 107 of Chapter 76 the 
Governor makes the appointments subject to the approval of the Board. 

I have always been of the opinion that the Legislative Assembly 
intended to conform to the uniform system, and that it was merely a 
mistake that it did not do so. 

To approve this Bill would provide this one institution with a 
Local Executive Board of four members, whereas all of the other Local 
Executive Boards have three members. I am satisfied that the design 
of the author was to change the plan to conform to said Section 107, 
but providing that the Governor should nominate and the Board of 
Education should approve, instead of providing for another member. 

Yours truly, 

S. V. STEWART, 

Governor. 



FIFTEENTH ASSEMBLY 61 

PUBLIC UTILITIES. 

March 15, 1917. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

Herewith I am transmitting House Bill No. 91, being an Act entitled 

"An Act to amend Section 3 of an Act entitled 'An 
Act making the Board of Railroad Commissioners of the 
State of Montana ex-officio a Public Service Commission 
for the regulation and control of certain public utilities, 
prescribing the manner in which such public utilities 
shall be regulated and controlled, requiring such public 
utilities to furnish reasonably adequate service and 
facilities, prohibiting unjust and unreasonable charges 
for services rendered by such public utilities, providing 
penalties for violation of the provisions of this Act, 
authorizing such Public Service Commission to appoint 
an expert engineer and to employ clerks and assistants 
and making an appropriation for carrying out the pro- 
visions of this Act', approved March 4, 1913". 

without my approval and with my objections thereto. 

This Bill is designed to remove municipally-owned public utilities 
from the jurisdiction of the Public Service Commission. I am opposed 
to the Bill in principle. I think that the law enacted four years ago, 
placing all public utilities under the jurisdiction of the Commission, is 
right and proper. I know that some good has come from it. 

It is no doubt true, as alleged, that in most instances there is small 
necessity for interference or regulation on the part of the Commission. 
Nevertheless I am convinced that the affairs of the various plants have 
been placed on a better business footing than prevailed prior to the 
creation of the Public Service Commission. A better system of book- 
keeping has been inaugurated and in some instances unequal and dis- 
criminatory rates have been equalized. In one notable instance a very 
considerable reduction in water rates was obtained by the mere threat 
to take the matter before the Commission. 

Another instance was called to my attention during the pendency 
of this measure before me, wherein the superintendent of a municipally- 
owned plant in a small tovv^ stated: "Our waterworks are a losing 
proposition, and but for the insistence of the Commission in forcing 
rates to as near as possible a paying basis our town would be bankrupt. 
I endeavored to have rates adjusted by the Council, but failed, and we 
were assisted out of the difficulty by the Commission." 

I am convinced that the objections to the jurisdiction of the Com- 
mission have largely come from the fact that there has not been an 
amicable working understanding between the Commission and the 
various municipalities owning their own public utilities. 

First: Most of the municipalities have denied the rght of the 
Commission to exercise any functions of control over them. They have 
based this upon the theory that the Act is unconstitutional and that 
they were and are in absolute control of their own plants to the ex- 
clusion of the Commission or any other authority. 

Second: I am satisfied there has been a lack of harmony and 
co-operation between the Commission and the various municipalities. 
Part of it has, of course, been due to the denial of the municipalities of 
the right to the Commission to have any authority, and part of it has 
been due to the fact that the Commission has sought to take too large 
a part in the smaller affairs having to do with the management and 
operation of the various municipally-owned plants and the conduct of 
the business appertaining thereto. 



62 FIFTEENTH ASSEMBLY 

Since this Bill has been under consideration by me I have talked to 
a great many people interested in the municipally-owned plants. I 
held a hearing at which nearly all of the cities in the State having muni- 
cipally-owned plants were represented. The members of the Commis- 
sion were also present. There has been nothing to change my view 
about the propriety of Commission control in the larger things, but the 
information that has come to me by reason of these conferences and 
hearings has convinced me that the trouble has been largely due to 
the fact that the Commission has sought to enforce a uniform system 
all over the State rather than to act as an appellate court wherein 
matters of complaint having to do with rates and other operating prob- 
lems could be heard and decided. Of course it is natural that the 
different municipalities should seek to get away from all outside con- 
trol, and this fact alone, coupled with the claim that the jurisdiction of 
the Commission was illegal, has not caused the municipalities to bow 
very gracefully to even reasonable regulations. 

It seems to me that there is a larger principle involved in this 
whole matter than that of the personnel of any Commission. The people 
elect the Public Service Commissioners. If they are not satisfactory and 
do not perform their duties in a manner acceptable to the public they 
can be defeated at the polls. The principle of commission control, in 
my opinion, being just, I have no right to approve a Bill that will 
sacrifice that principle because perchance the members of a given 
Commission have not discharged their duties in a manner acceptable to 
the people of the different towns of the State. 

The towns having municipally-owned plants are scattered from 
one end of the State to the other; Miles City in the Eastern part. White- 
fish in the northwestern part, Dillon in the southern part, Chinook in 
the extreme northern part; and a great number of other towns in dif- 
ferent portions of the State have municipally-owned plants. The Com- 
missioners are elected by the people at large. If there is anything 
wrong in their administration, if they have been unjust and unfair, 
they will have to answer for it; because of the location of the various 
cities having municipally-owned plants the facts will be widely dis- 
seminated and generally known. 

Should this Bill be approved merely because the personnel of the 
Commission is not satisfactory to the people over whom jurisdiction is 
exercised, then at the next session of the Legislative Assembly we 
should find some other class of public utilities asking to be excluded 
from the jurisdiction of the Commission because they are not satisfied 
with the personnel of the Commission. All of this brings us to the con- 
clusion that the wise, sane and reasonable way is to make the Com- 
mission responsive to the general necessities of the occasion, and not 
eliminate various classes of utilities, merely leaving those who are 
unable to bring sufficient pressure to bear to get away from commission 
control. 

In view of all these facts and circumstances, and in view of the 
further fact that the Commission has been brought face to face in my 
presence with the representatives of the municipally-owned plants, and 
has had an opportunity to learn of their grievances and complaints, and 
in view of the fact that there ought to be a better understanding now on 
the part of the Commissioners on the one hand and those in charge 
of publicly-owned plants on the other, I am constrained to refuse my 
approval of the Bill and therefore transmit it without my signature. 

Yours truly, 

S. V. STEWART, 

Governor. 



FIFTEENTH ASSEMBLY 63 

IIVHERITANCE TAX. 

March 16, 1917. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith House Bill No. 417, being an Act 

entitled 

"An Act to establish a tax on gifts, legacies, inherit- 
ances, bequests, devises, successions and transfers, to 
provide for its collection and to direct the disposition 
of its proceeds; to provide for the enforcement of 
liens created by this Act and for suits to quiet title 
against claims of liens arising hereunder, and repealing 
all Acts in conflict with this Act", 

without my approval and with my objections thereto. 

I have refused my approval of this Bill by reason of the fact that 
there has been an error made in the draft of the Bill or in the enroll- 
ment of it at some stage of its passage. 

The Bill contemplates the enactment of a general inheritance tax 
law for the State of Montana, and is copied from the statutes of the 
State of Wisconsin. Section 5 of the Bill assumes to fix the amount 
of inheritance tax based upon the relationship of the deceased to the 
person receiving the legacy. It is very apparent that through an in- 
advertence the words "lineal issue" were omitted from this Bill at the 
point where they are inserted in the Wisconsin act. 

With these words absent, in my opinion there can be no levy of an 
inheritance tax under this Bill upon the shares of direct descendants. 
It would seem to me that the most prolific source of income ought to 
be upon estates passing to direct descendants, as nearly all of the great 
fortunes descend from parent to child and to grandchildren. The 
author states that the words "lineal descendants" appeared in the 
original draft of the Bill, but do not appear in the printed copy. These 
words certainly do not appear in the enrolled Bill. 

It is alleged that a tax may be assessed against the shares of direct 
descendants under the other provisions of the Bill. I do not believe 
that this is correct. I believe that if this Bill were approved and be- 
came a law of the State with this palpable omission it would involve 
the administration of the inheritance law in uncertainty and might 
deprive the State of a considerable amount of income in the next two 
years. 

In all other respects the bill is a meritorious measure, and but for 
this omission I should cheerfully approve it. 

In view of the foregoing, the Bill is transmitted without my 
approval. 

Yours truly, 

S. V. STEWART, 

Governor. 



FIFTEENTH ASSEMBLY 

(EXTRAORDINARY SESSION) 

1918 



MESSAGE. 

Ladies and Gentlemen of the Fifteenth Legislative Assembly in Ex- 
traordinary Session Assembled: 

The regular session of your honorable body adjourned on the first 
day of March last year. At that time there was raging, as there had 
been for more than two years theretofore, a frightful and devastating 
war in Europe. While there was always grave danger of the United 
States being involved therein, yet there was nothing in the situation as 
it existed at the time of your adjournment to warrant the belief that 
our own country would soon be called upon to participate as an actual 
combatant. It was but natural, therefore, that you did not consider 
matters of State or of National defense. 

Hardly had the members left the Capitol and assumed their regular 
civic duties when it was brought home to us that the Nation was to 
be forced into the terrible conflict. When war was declared our people 
responded to every call of the general government with a promptness 
that evidenced the spirit of patriotic devotion which has ever impelled 
and inspired the men and the women of the great West. They have left 
not one thing undone that good citizenship suggested or that loyalty to 
the country or to the cause of liberty and justice dictated. 

Therefore I come to you speaking for the State and the people and 
say to you that Montana men and Montana women, and the State of 
Montana herself, have done everything that it has been possible to 
accomplish under the circumstances in co-operation with and in support 
of the government. The things which they have accomplished have 
written a fair record to the credit of our people. But the people will 
not be and cannot be satisfied with anything less than a full measure 
of service and a maximum of substantial contribution to the cause of 
the nation. 

It has become evident to all that the full capacity of our State and 
its wonderful resources cannot be co-ordinated with the patriotic desire, 
the enthusiastic impulse to serve that everywhere animates the citizen- 
ship, without some new laws, some new working rules, some new plans 
and specifications to which they may work with more accurate and posi- 
tive purpose, and with a better understanding of the mode of procedure 
to be adopted. This is no time for a division of purpose. There must 
be no lost motion and neither contention nor duplication of effort. Every 
resource of the State should be made to yield its full product, and with 
the least possible expenditure of man power and expense; and every 
individual should realize that his or her efforts must be exerted in 
conjunction, in full accord, and in complete harmony with the efforts of 
every other individual in the State. 

Seed Grain and Feed. 

Some of the newer farmers must have assistance to secure seed and 
feed, else some of the fertile acres of the State may lie unfilled and un- 
productive. Our brave boys are prepared to make the great fight for us 
at the front, but they cannot do credit to themselves or bring victory 
to our cause without bread to sustain them. Montana has the acres 
and the soil and, given the means of planting a crop and seasonable 
conditions, our contribution to the food supply of the world must mean 
much to the cause of the Allies. The old "Seed Grain Law" is not ade- 
quate, and under its restrictive terms and conditions but little help 
may be expected. 

Other things to be called to your attention are important, but the 
one thing that really dictated this call for a special session is the neces- 
sity for amendment to the "Seed Grain Law." I sincerely hope that you 
may be able to draft a law that will admit of the needy farmers getting 
not only seed but feed from the various counties of their residence, and 
that v.i-l invest the counties with authority to incur sufficient indebted- 



68 FIFTEENTH ASSEMBLY (EXTRA) 

ness to meet the emergency of the occasion in that respect. The 
Supreme Court has construed the present law so as to give you a clear- 
understanding of the possibilities and scope of legislation on the subject. 

Moratorinm and Statute of Limitations, 

The system of raising an army adopted by and now in full force in 
the United States is the most equitable and the fairest, as well as the 
most efficient, system that has ever been devised. It has called men 
from the bank, the store, the smelter, the mine, the office and the farm. 
It has not been a respecter of persons, but rather of conditions. Con- 
sideration has been given to dependent members of families and to the 
necessity for continued production in the country. The man of means 
and the wage-earner have gone to the cantonments side by side. It is 
but proper that these men should be invested with as much immunity 
as may be consistent with the circumstances of the times and the great 
sacrifice which they must of necessity make in the cause of the people. 
To suspend the operation of statutes of limitation against them during 
their time of service and for a reasonable time after discharge, and to 
impose a moratorium in their behalf would seem to be but proper and 
just. I would urgently recommend that such action be taken as may 
seem to be reasonable, equitable and fair under the circumstances. 

State Council of Defense. 

The National government has seen fit to constitute and maintain a 
Council of National Defense, and has asked that the States organize 
such bodies for co-operation along defense lines. As Governor of the 
State I appoint a State Council of Defense, but it has no legal existence 
and no real authority for either its existence or its acts. Nevertheless, 
the State Council of Defense has been active and has rendered very 
substantial and important service. 

In order to carry on the activities suggested by the National Gov- 
ernment and inaugurated by the State Council of Defense, State money 
was utilized from some of the various departmental funds. The Agri- 
cultural College Fund, the Farmers' Institute Fund, the Agricultural 
Extension Service Fund and the Department of Agriculture and Pub- 
licity Fund were all invaded. I would not only recommend that the 
State Council of Defense be made a legal entity and clothed with legal 
authority, but I recommend, in addition to this, that an appropriation 
be made to make good the amounts used from the various funds men- 
tioned as well as to enable the State Council of Defense to conduct 
future activities. If this is not done the various departments from 
which funds have been taken will be circumscribed and restricted in 
their work for the present year. 

Home Guard. 

Ever since danger threatened the country from without there has 
hren fear of disturbance within. Many communities have organized 
Home Guard Companies, and the National Congress has provided a 
degree of recognition to such organizations. It is very evident that 
Home Guard Companies will be maintained in this State either with 
cr without law enacted by the State on the subject. If they remain in 
existence under present circumstances they are without either legal 
authority or legal rights, save and except the general privileges and 
immunities enjoyed by and the duties imposed upon the individual 
members as citizens of the State and of the Nation. They may per- 
form, and in some instances have performed, important civic duties, 
but there is the danger that always comes from lack of clearly defined 
legal purpose. There is no community legal responsibility. The Home 
Guard Company is merely an aggregation of citizens banded together for 
the general good, and as such they constitute themselves the sole judges 
of the rights and powers of the organization. 



FIFTEENTH ASSEMBLY (EXTRA) 69 

It is easy to see that ttie splendid purpose of defending the com- 
munity in its right of property and personal peace may be readily con- 
verted by excess and intolerance into a means of positive menace to the 
safety of individuals and neighborhoods. I would recommend that Home 
Guard Companies be given legal status and their rights, authority, and 
the scope of their activity defined and that the organization and the 
members thereof be made responsible officers of the State with a cor- 
responding obligation as such. 

Sedition and Treason. 

While we all realize that primarily it is the duty of the general 
government to protect the people against seditious, treasonable and 
disloyal acts and utterances, nevertheless it is apparent that the State 
should have statutes on the subject so that there may be no failure 
of punishment and repression. Acts of such a character are intended to 
hinder, delay and defeat the very purposes for which we are giving 
our best efforts, contributing our material means and sacrificing our 
own flesh and blood. The great war must and will continue until our 
enemies are whipped. Nations are like men — they are not conquered 
until a full realization of their defeat is forced upon them. Just so 
long as our enemies feel that there is a possibility of America weaken- 
ing, of her being turned aside from her great purpose by internal dis- 
sension, lack of unity or division of sentinment, there is hope for the 
antagonist. 

Germany and the Central Powers must be made to understand that 
America is in this war to win, no matter what may be the sacrifice of 
treasure and of blood. Wlien that fact is borne in upon the Germans 
the beginning of the end will have come; but it can never come while 
we have men and women abroad in the land, vipers circulating the 
propaganda of the junkers; it can never come while we have traitors 
in our midst creating material for propaganda. The spy system of Ger- 
many reaches its poisoned tentacles into every part of the world. Our 
own country is not free from it. By such means it is not only sought 
to poison and paralyze the enemies of Germany, but every disloyal utter- 
ance and every treasonable act is duly reported in exaggerated form 
to the German people in order to impress them with the fact that 
America is not united and will either quit or fail. 

Prom nearly every household a boy has gone forth to do his part 
in the struggle. The fond parents sit at home in the eventide and long 
for the safe return of the loved one. What privations, what hardships 
and what sacrifices are they making from day to day for the comfort 
and efficiency of the soldier lad away out across there in the trenches! 
The tender mother is startled by the mere suggestion that the boy may 
not come back, and the father clenches his fists at the very suspicion 
that any of his own acquaintances might conspire to encompass the 
destruction of his son and heir. 

And yet in many communities there are people, mayhap neighbors 
of the fond parents just described, who either purposely or without 
thought, but nevertheless wickedly, give voice to sentiments which, 
carried to the German soldiers in distorted form, will cause some 
certain company or unit to make just one more stand for the kaiser and 
autocracy. In that one more last stand, who knows but your boy may 
fall a victim to German barbarity, to German "efficiency?" Who knows 
but that the same mother, wakened from her troubled sleep by some 
occult influence wafted clear across the ocean by a medium unseen, un- 
heard and little understood, may in reality be recoiling from the terri- 
ble pain of the smothering gas, or the sharp point of a bayonet, directed 
at her boy, her own flesh and blood, by the relentless barbarians, 
spurred on, strengthened and emboldened to make just one more stand 
by the stories that America is disunited, that the timber of her man- 
hood has decayed, that the luster of her womanhood has tarnished. 



70 FIFTEENTH ASSEMBLY (EXTRA) 

And so I say to you that if you would do something for the effi- 
ciency of America's efforts, if you would rouse the spirits, cheer the 
hearts and make strong the good right arm of America's offensive and 
defensive, if you would bring discouragement to her enemies; in other 
words, if you would hasten the close of the war and impress upon every 
Nation and every people in the world that America has cast her all in 
the balance, united and harmonious in her determination to bring vic- 
tory to her cause, enact a law here in Montana that will make available 
a mighty means of throttling the traitor and choking the traducer. Fix 
it so that no longer may the enemy spies or the peddlers of sedition and 
slander go free in Montana to insult the patriotism and offend the 
loyalty of our citizens at home or send cheer to the enemy abroad. 
The free air of Montana is too pure, too sacred, and too precious a heri- 
tage here in this mountain region to be used as a medium by the vicious, 
the traitorous and the treasonable to breathe forth sentiments of dis- 
loyalty against our cause and to extend comfort to the enemies of the 
country. 

While we are anxious to see just and adequate punishment visited 
upon the guilty, care should be taken that no machine be created for the 
oppression of the innocent. The law should be plain and unequivocal, 
but should be so drawn that its provisions cannot be misapplied or its 
operation turned aside to the accomplishment of an unworthy purpose. 

Sabotage. 

Some individuals and a few organizations have indulged in what is 
known as sabotage, criminal syndicalism and industrial and political 
anarchy in the different parts of the United States. Montana is no 
worse off in this respect than many of the other states; but, while other 
states have provided for the punishment of those who are guilty of the 
crime just mentioned, our State unfortunately has no special statute 
under which such activities may be held in check and punished. 

The industries of the State must continue. When crops are raised 
they should be harvested without let or hindrance from those who are 
criminally inclined. To burn a threshing machine or an elevator, to 
destroy a crop, or to halt the process of an industry at this time should 
and does warrant severe punishment at the hands of the State. Our 
people are not in a mood to palliate such things or condone them. If 
a State law is not devised and enacted by this Legislative Assembly it 
is not at all unlikely that such acts of violence and destruction may 
cause the people of the State to take the law into their own hands and 
visit upon those who are so charged most drastic punishment, and that 
without the fair and impartial trial guaranteed by our Constitution. 
It would indeed be unfortunate to contemplate such a condition. 

In view of the existing conditions and of the possible results that 
may accrue, I most earnestly urge upon you the necessity of legislative 
enactment to cover sabotage, criminal syndicalism and industrial and 
political anarchy. 

Absent Toter Law. 

It is very evident that Montana's citizen soldiers absent from the 
country in the service of the Nation will not be able to vote at elections 
unless the Absent Voter Law is enlarged in its terms and made more 
comprehensive. The men who are fighting our battles abroad are just 
as much citizens as they ever were, and they should not be deprived 
of their votes because, perchance, the people of the State and Nation 
have selected them to go to other countries and other lands to fight 
the Nation's battles. I therefore respectfully urge upon you the neces- 
sity for amendment of the Absent Voter Law. 

Prohibition Amendment. 

Since your adjournment the Congress of the United States has sub- 
mitted to the Legislatures of the several states, for ratification, what 
is known as the National Prohibition Amendment. The amendment is 
submitted to you for appropriate action. 



FIFTEENTH ASSEMBLY (EXTRA) 71 

Firearms. 

Along the line of defense, I would respectfully suggest to you that 
a law should be enacted providing for the registration of dealers and 
purveyors of firearms and ammunition within the State of Montana. 
The law should provide that all merchants and other dealers, before 
engaging in the sale of firearms, shall register with some suitably 
designated official, and that thereafter the dealer shall and must keep 
a record of all sales of firearms and ammunition for the inspection and 
information of public officials, especially peace officers. 

Coniity Bonds. 

Some of the counties of the State have issued bonds without taking 
the necessary and proper legal steps required by law. The legal depart- 
ment of the State has advised me that these bonds may be validated by 
the passage of a curative act. I respectfully recommend that the Legis- 
lative Assembly give attention to the matter of curing the legal defects 
as they exist in these county bonds. 

Montana Wliitefish. 

The necessity for substitute food products is becoming more and 
more apparent. Under our present game laws the Montana wliitefish or 
Rocky Mountain whitefish is classed as a game fish and therefore can- 
not be sold in the market for food purposes. I recommend that white- 
fish be removed from the classification as a game fish so it may be 
sold for food purposes within the State, during the pendency of the 
war at least. 

Forest Fire Prevention. 

Attention has just been directed to the fact that legislation should 
obtain to conserve the timber of the State and to reduce the cost of the 
prevention of forest fires. 

In 1917 the damage to timber within the boundaries of this State 
amounted to $312,575.00; the cost of extinguishing fires, $481,331.00. The 
total was $793,906.00. It is estimated that twenty-five per cent of the 
loss was caused by brush burning. The danger period is between June 
15 and September 15 of each year, leaving nine months of an open sea- 
son which would seem to be ample time for the burning of brush. 

It seems, therefore, that an emergency exists in this respect and 
that a closed season against burning brush should be established by law. 

Many other matters of importance could be submitted to you for 
appropriate consideration, but I appreciate the fact that this is an 
extraordinary session of the Legislative Assembly and that the mem- 
bers are not in a position to remain in session for a long period of time. 

I have sought to submit to you only emergency measures. It is un- 
necessary for me to say to you that your session should be brief, and 
in order that it may be of short duration I have limited the number 
of the subjects submitted for consideration. 

Many patriotic offers have come from former employes and depart- 
mental clerks and stenographers at the Capitol to do the clerical part 
of your work as a patriotic service. I am sure that you will avail 
yourselves of these offers wherever it is consistent to do so and that 
your session will be characterized by promptness, efficiency and patriotic 
devotion to duty. If ever there was a time in the history of the State 
when partisanship, sectional antagonisms and personal ambition should 
be relegated to the rear this is the time. The people expect public ser- 
vants to rise above all of these things and give the unselfish service 
which alone can redound to the benefit of the State and the Nation. 

S. V. STEWART, 

Governor. 



72 FIFTEENTH ASSEMBLY (EXTRA) 

SPECIAL MESSAGES. 



HAIL INSURANCE. 

February 16, 1918. 

The President of the Senate, 

Senate Chamber, 

Helena, Montana. 

Chapter 169 of the Session Laws of the Fifteenth Legislative Assem- 
bly, enacted by your honorable body, created the State Board of Hail 
Insurance. The law has worked admirably in most respects. However, 
one defect has been made evident by the administration of the law. 

By the terms of the law, farmers who wish to accept the benefits 
of State hail insurance must file their acceptances not later than the 
first of June of each year. In the opinion of the State Board of Hail 
Insurance this time should be extended to June 15, 

I am transmitting herewith a communication from that Board and 
respectfully direct your attention to the propriety of considering the 
recommendation of said Board. This letter of transmittal is sent to 
you in the nature of a message that you may have legal authority for 
the consideration of the subject matter contained in the letter of the 
State Board of Hail Insurance and in this communication to you. 

S. V. STEWART, 

Governor. 



CHARGES AGAINST JUDGE CRUM. 

February 19, 1918. 

The Speaker of the House of Representatives, 

Helena, Montana. 

Charges have been filed with me touching the qualifications of the 
Honorable Charles L. Crum, District Judge of the Fifteenth Judicial 
District of the State of Montana. Said charges go to the qualifications 
of said Judge and have to do with his personal fitness and official 
integrity. 

I am transmitting the charges herewith in the form of affidavits 
just as they were filed with me. They are submitted to the Legislative 
Assembly of the State of Montana for appropriate consideration. Under 
the Constitution it is your duty to consider the charges first and this 
message is transmitted, together with the affidavits, as your authority 
for doing so. 

Affidavits of the following named individuals are transmitted 
herewith, to-wit: 

W. H. Lyndes, Jack McCausland, Henry Grierson, I. M. Gibson, 
C. A. Klingle, Gudleik Flege, Gus Gullickson, P. J. E. Wood, J. H. Ivy, 
E. C. Bussert, F. V. H. Collins and Felkner Haynes, and also a telegram 
received by me on yesterday from Dr. W. H. Buskirk of Miles City, 
relative to the whereabouts of Judge Crum. 

S. V. STEWART, 

Governor. 



FIFTEENTH ASSEMBLY (EXTRA) 73 

STATEMENT ON CRUM CASE. 

Helena, Montana, March 20, 1918. 

The Senate of the State of Montana, 
Helena, Montana. 

Gentlemen: 

In view of the open letter written to the Senate by the counsel for 
Judge Crum, I feel that it is but fair to you that you have from me 
a statement of the facts surrounding the receipt and acceptance of the 
Crum resignation. These facts are as follows: 

On the evening of March 9, 1918, Senator J. E. Edwards of Rosebud 
County, called me over the telephone from Forsyth. He told me that 
Judge Loud and Colonel Goddard, counsel for Judge Crum, were in the 
city of Forsyth at that time and were in conference with Judge Crum; 
that they had asked him to inquire of me if I would accept a resigna- 
tion from Judge Crum if the same were tendered. After some dis- 
cussion with Senator Edwards relative to the matter, I told the Senator 
that it was my opinion that if Judge Crum desired to resign, and did 
resign, that would be the easiest, cheapest and most effective manner 
of disposing of the case. The Senator said he thought likewise. I told 
him that it was my belief that the resignation should be accepted, and 
that if tendered in proper form I would accept it. I did not say that 
I would accept it immediately, or at what time it would be accepted. 

The next morning — Sunday, March 10 — Colonel O. P. Goddard of 
Billings, counsel for Judge Crum, came to the Capitol and presented 
the resignation. I discussed the legal effect of the resignation with 
him and it was agreed he should look into that feature during the 
afternoon, and that I should also call upon the Attorney General in the 
same behalf. I was able to see one of the Deputies in the Attorney 
General's office and the matter was investigated somewhat. 

At the time that I discussed the matter with Colonel Goddard, I 
told him I would accept the resignation, I told him, however, that I 
wanted to satisfy myself as to the legal effect thereof. I told him it 
was my purpose to accept the resignation on Monday, the eleventh. 
I did not make any pledge to do so, nor did I consider that I had a 
right to make any pledges as to future official action. Nevertheless, 
I did tell Colonel Goddard that it was my purpose to accept the resig- 
nation on Monday. 

On Monday I discussed the matter with some members of the 
Legislature and some members of the staff of the Attorney General. I 
decided that it was only courteous and fair to the House Managers and 
to the Senate Committee that they should have knowledge of the situar 
tion created by the resignation. I therefore sent telegrams to the House 
Managers and the Senate Committee asking them to meet with me en 
Thursday, the fourteenth instant. 

During the afternoon of March eleventh I had another conversa- 
tion with Colonel Goddard, over the telephone. Colonel Goddard had 
in the meantime gone to Billings. He urged that acceptance be made 
and announced at once. I told him I had asked the Senate Committee 
and the House Managers for a conference and felt it was only fair to 
them to advise them of the situation. 

On Thursday, the fourteenth, the members of the Senate Committee 
and the House Managers met at the Capitol, together with Lieutenant 
Governor McDowell, President of the Senate, Attorney -General Ford, and 
myself. The matter was discussed from every point of view and it was 
decided by the Senate Committee and the House Managers tnat the 
impeachment should proceed in spite of the resignation. It was also 
the opinion of the Attorney General and the lawyers present that the 
matter of acceptance could have no legal effect. I stated to the com- 
mittees that I desired to accept the resignation, having in mind the fact 



74 FIFTEENTH ASSEMBLY (EXTRA) 

that I had expressed to Senator Edwards an intention of doing so. After 
the departure of the House Managers and the Senate Committee, and in 
accordance with the correspondence heretofore submitted to you, the 
resignation of Judge Crum was accepted. 

I do not know the purpose of the communication of the counsel for 
Judge Crum other than that it appears from the statement that the coun- 
sel for Judge Crum take the position that the Judge departed from the 
State of Montana under the impression and in the belief that the resignation 
had been filed, would be accepted, and the proceedings stopped. I have 
no knowledge as to the advice given the Judge by his counsel, or as to 
the statements made by the Judge to them, other than hearsay. How- 
ever, I wish to state that it was my belief when Senator Edwards pre- 
sented the matter to me, that the resignation would be the means of 
terminating the proceedings; not legally, but that the resignation would 
in effect accomplish the result sought, namely, the removal of Judge 
Crum from the office of District Judge and from his sphere of alleged 
dangerous activity. I told Senator Edwards, and I told Colonel God- 
dard, that I believed that would be the result. I did not, however, say 
that I would use my influence, or any influence, with the Senate Com- 
mittee or the House Managers to try and induce them to dismiss the 
proceedings. I told Colonel Goddard that I believed it was the part of 
courtesy and fair dealing on my part that I should present the matter 
to the House Managers and Senate Committee so that if it was believed 
by these two committees that a further hearing was not necessary they 
could save the State of Montana the expense necessarily incident to the 
summoning of witnesses. 

When the House Managers and Senate Committee met on the 
fourteenth instant there were called to their attention certain resolu- 
tions and newspaper articles having to do with the matter, which said 
resolutions and newspaper articles, in my opinion, influenced the mem- 
bers in their decision to continue the prosecution of the case. 

My only reason for withholding the acceptance of the resignation 
was that I did not desire to hinder or embarrass the members of the 
State Senate and the House Managers in their consideration of the 
pending proceedings. I did not desire to influence the members, and 
did not seek to influence the members in any wise. After the resigna- 
tion was placed with me it was suggested that the acceptance of it, 
while not having any legal effect, might be misunderstood and the mem- 
bers of the Senate might feel that I was trying to assume functions 
which were not mine. In other words, I did not want to be placed in 
the position of taking over the matter of the adjudication of the issues 
involved in the Crum impeachment proceedings and for that reason I 
withheld the acceptance of the resignation until I had laid the matter 
before both committees. It was always my belief, from the time the 
matter was suggested, that I should accept the resignation, but I was 
very anxious that my own opinion in the matter should not in any 
manner embarrass either the members of the Senate or the House 
Managers, or in any way tend to defeat the true ends of justice. 

I have the most implicit faith in the fairness, ability and capacity 
of the members of the Senate to handle the matter and I only make 
this statement in order that your records may be clear, and that there 

may be no misunderstanding as to the facts surrounding the receipt 
and acceptance of the resignation by the Governor of the State of 
Montana. 

Very truly yours, 

S. V. STEWART, 

Governor. 



SIXTEENTH ASSEMBLY 

1919 



MESSAGE. 



Ladies and Gentlemen of the Assembly: 

For the sixteenth time the people of the good State of Montana 
have designated those whose duty it shall be to legislate the will of the 
general constituency into statute law. The exercise of such selection 
has resulted in your presence here and your membership in the Six- 
teenth Legislative Assembly. You are not only honored by the expressed 
confidence of your fellows, but for the time you are set apart from the 
rank and file of the citizenship of our commonwealth and endowed with 
prerogatives and functions most exalted and dignified. 

It is not necessary for me to impress upon you the fact that siich 
a designation, coming at a time so important in the life of the Nation 
and the growth and development of tlie State, carries with it a peculiar 
distinction and an unusual obligation. In the past two years American 
men and women have been brought to realize much more clearly than 
ever before the high importance of, the absolute necessity for, sane, 
wholesome, intelligent government. There may have been a time when 

lawmaking bodies in America might have approached their tasks without 
impressive seriousness of formal solemnity, but certainly no one who 
has witnessed the mockery of government and the travesty on law- 
making exhibited in some countries within twenty-four months can feel 
that the responsibility to make laws for the government of peoples and 
states is other than a solemn and a sacred obligation. 

We who have so recently seen the abuses of unfair and improperly 
conceived legislation and have had so strikingly impressed upon us 
the dire results flowing from the lack of proper legislative safeguards 
should be abundantly able to alike avoid the two extremes of no legis- 
lation on the one hand and unjust and discriminatory enactments on the 
other. 

The Test for GoTernments. 

This is a time when governments are being weighed in the balance. 
The time that has tried men's souls, the things that have tested their 
mettle and proved their fibre, have passed from the personal to the 
national. The bitter cup of duty was given to many in the great war 
and numerous were the prayers such as that voiced by the Savior in 
Gethsemane: "0 my Father, let this cup pass from me." Only real 
men and women were able to add the remainder of the prayer: "Never- 
theless, not as I will but as Thou wilt." Even as it was with indivi- 
duals in the fight for the establishment of free government, so now also 
is it with the governments themselves. All governments must vindicate 
their right to existence. Mankind has come to realize that governments 
are sacred only when sacredly administered. Governments the most 
ancient and considered the most stable are falling apart. 

Our government is generally viewed with favor by lovers of liberty 
everywhere. If we are to continue to enjoy that distinction we must 
be just to our own people at home in order to appear just to the world 
at large. It is no more pleasant for nations and states to quaff the 
sometimes bitter cup of duty than it is for individuals to do so; but 
if for our Nation at this critical time there is substituted anything 
different, pleasant and alluring though it may seem, then only will dis- 
aster be our part and repentance our lot. 

Because, then, this Nation is known to stand as an example to 
mankind, pointing the way to liberal government and lighting the path 
to freedom for the oppressed of the world, it is but meet and proper 
that we understand and appreciate that American government, nation 
and state, functions not alone for American citizens but also as a guid- 
ing influence in the world at large. 



78 SIXTEENTH ASSEMBLY 

One fundamental truth we must have ever in mind. While appre- 
ciating that governmental functions are political functions, we must 
not degenerate into the belief that political functioning is perfectly ex- 
emplified in partisan bickering. I greet you, then, members of the 
Legislative Assembly, of whatever party affiliation, in the hope that in 
the important work at hand for the people of this State, and for the 
general good, there may be none of narrow partisanship. It is my hope 
that there be no hard and fast divisions on legislative matters along 
lines other than those of honest opinion and fundamental conviction. 

In conformity with the Constitution of the State I shall from time 
to time during your session transmit to your honorable body such facts 
and reports as to the condition of the State and the various depart- 
ments thereof as may be available. It is not my purpose at this time 
to go into great detail either as to the conditions or the needs of the 
commonwealth. I shall briefly call to your attention some of the more 
important subjects which in my opinion are worthy of your considera- 
tion. But before doing so I desire to speak just a word as to the part 
played by Montana and her people in the great world war just closing. 

Proud Fart Proudly Played. 

Without equivocation or hesitation I can say to you and with much 
pride that Montana did her part in every particular of war and kindred 
work. Our sons were on the battlefields of France and Belgium with 
the first American units, and, in proportion to our real population, in 
greater number than those of any other State. That they were brave, 
courageous and fearless is written in the record of the battles they 
fought, in terms of undying fame. Many of the boys were left on the 
battlefields of Europe, mute testimonials to the solemn purpose and 
spirit of sacrifice of the American people. We would that they might 
have been spared, but we realize that in their efforts our cause was 
achieved and the world made a better and a safer place for ordinary 
men and women. There is little that we can do to show our substan- 
tial appreciation to those who fell in the struggle, but wherever and 
whenever it is apparent that anything can be done we should not be 
slow in doing it. Your judgment and wisdom may dictate the erection 
of a suitable monument or monuments to commemorate their deeds and 
impress upon the generations to come the fact that this people, and in 
this age, were not unmindful of the fact that our brightest, our bravest 
and our best yielded up their lives to the general good. 

Certainly there should be no hesitation in providing by legislation 
or otherwise for the comfort and wellbeing of those who though for- 
tunate enough to come back from the great struggle yet come home to 
us carrying physical or mental evidence of the cruelties and destructive- 
ness of war. I commend to your attention such legislation as may be 
wise and expedient looking to the rehabilitation of the soldier boys and 
for the promotion of their welfare and prosperity. 

In money and all things substantial Montana did her part. In 
every Liberty Loan drive, in all Red Cross and kindred subscriptions, 
our people responded cheerfully and generously. Our record is one of 
which we may all be proud, and one that will bring to us much of 
substantial benefit in the future. 

The State produced and yielded her abundant resources in the 
support and maintenance of every department of the war and war 
work. Our fields and farms, our forests and mines all gave of their 
bounty and contributed to the great cause and are entitled to a pro- 
portionate share of the credit for the ultimate victory. 

The people at home were not idle; nor indeed were they satisfied 
with making the resources and products of the State available for the 
general good. For the period of the war differences were put aside and 
men, women and children pulled together without discord and with no 
lack of enthusiasm and effective good will. The unity of spirit and the 



SIXTEENTH ASSEMBLY 79 

element of co-operation thus achieved contributed mightily to the suc- 
cess of the instant cause and made for future solidarity and effective- 
ness. 

Public officials were called upon for a larger and a broader serv- 
ice. Every department of State, County and City took on added burdens. 
The wonderfully successful Selective Service Act was made effective 
and popular very largely through the untiring, intelligent and efficient 
administration of it by the State, County and City officers and local 
citizens enlisted in its multitudinous and difficult tasks. Too much 
cannot be said in praise of the Local and District Boards. The men 
who composed them closed their eyes to all save duty. Politics, religion, 
relationship, friendship and business considerations were waved aside 
and duty, plain, homely duty, was the watchword and right the touch- 
stone of action, American official life carries no precedent for such 
accomplishment. The department officials at Washington constantly 
assured us that Montana was responding intelligently in this particular, 
and the whole achievement when consummated gives us a standing 
among the States that is indeed conspicuous and worthy of emulation. 
I cannot dismiss this subject without reference to the fact that much 
of our success in the draft matters was due to the intelligent and un- 
tiring efforts of the Adjutant General of Montana, Phil Greenan. 

State Council of Defense- 

Tlie Fifteenth Legislative Assembly in special session created a 
State Council of Defense and made ample provision for its war activi- 
ties. The members of that Council responded to a large duty in a 
masterful manner. The State and the Nation realized much from the 
activities of the body. Needy farmers were provided with seed grain, 
and relief was brought to those who were deserving. In addition to 
that, the Council was enabled to assist in bringing to justice the seditious 
and disloyal. 

Much of the war work activity fell to the lot of public officials. 
I am proud of the record they made in this important field. It is not 
necessary to enumerate them; some were heads of departments, others 
worked in humbler positions, but all responded to the necessities of 
the occasion. 

Reference to the part Montana played in war activities would not 
be complete without mention of the Extraordinary Session of the Fif- 
teenth Assembly, held in February of last year. No body of men ever 
assembled in closer accord or with a more harmonious desire to respond 
to the call of the public good. The work of that special session was 
important and highly successful. While some of the laws then enacted 
were drastic, they were necessary, and experience proved them to be 
adequate and effective. The stamp of disapproval placed by the Legis- 
lative Assembly of Montana upon treason and sedition went far to 
eliminate those guilty of such crimes from our midst. The few who 
did not take the hint and leave Montana were tried, convicted and suf- 
fered punishment. No session of Montana's Legislative Assembly ever 
yielded more in substantial results, or deserved more of praise and 
commendation, than the Extraordinary Session of the Fifteenth 
Assembly. 

Tax Matters. 

TW'O years ago it was my pleasure to direct the attention of the 
Assembly to the matter of taxes. In conformity with the message 
recommendation on the subject, there was enacted by that body a law 
providing for a State Tax and License Commission, to investigate tax 
matters in the State and report thereon, with recommendations for 
the guidance of this Assembly. I have the honor to report that the 
Commission so created and established has conducted most intelligent, 
painstaking and thorough investigation of the subject of taxation. 



80 SIXTEENTH ASSEMBLY 

The Commission has filed, and there will be submitted to you for 
consideration, a most comprehensive report of its proceedings, together 
with drafts of bills and recommendations of laws by the Commission 
deemed necessary and proper. The people of the State of Montana are 
under obligation to the gentlemen of that Commission for their diligent 
effort and for the very excellent report submitted. 

To my mind, the largest task you have to consider at this session 
is taxation. You cannot begin upon its consideration too early, but 
you should not act in the premises with undue haste. In the same 
connection: Two years ago attention was called to the fact that there 
was at that time, and would likely be at the end of the two-year period, 
a shortage in the funds of the State unless some means was provided 
for raising more money than was available under the then existing con- 
ditions. The Fifteenth Assembly, acting upon such suggestion, enacted 
a bill fixing an annual corporation license tax of one per cent upon the 
total net income received by corporations from all sources within the 
State over and above the sum of $10,000.00. 

When the measure was under consideration by the Assembly it 
was estimated by those who were in a position to know that the imposi- 
tion of a license tax of one per cent would in two years yield approxi- 
mately $1,200,000.00. As a matter of fact there was collected under the 
provisions of said law $789,084.52 in 1917, and $572,045.01 in 1918— a 
total of $1,361,129.53. The added revenues thus obtained have taken care 
of all expenditures, wiped out the deficit, and leave the State in better 
shape financially than it has been in some time past. At the same time 
it must not be understood that the finances of the State will justify 
extravagant appropriations or enlarged expenditures. The financial 
problem is always important. It is no less so now. 

I urgently recommend that the matters of taxation, revenue and 
expenditures be given the most careful, conscientious and painstaking 
consideration by the Assembly. This is all the more important in view 
of the fact that liquor license revenues are now lost to the State. 

National Gnard or Other Form of State Police. 

With the close of the war a new burden is thrown upon us. World 
conditions are unsettled, and public peace often disturbed. It is evi- 
dent that there must be available for the use of the State some force 
adequate to cope with possible lawlessness and disorder. The one regi- 
ment of National Guard hitherto maintained by the State has gone into 
the Federal service. Wlien it is discharged reorganization will be neces- 
sary. Our State National Guard and Militia laws do not conform 
to the Federal laws. There must be legislation to harmonize or the 
State will not be able to maintain a National Guard and receive the 
financial benefits from the general government contemplated by the 
Federal act. 

In this connection your attention is called to the fact that in 
times past the Montana National Guard has been used to quell domes- 
tic disturbances, riots, mobs and general disorders. A good many 
States have adopted State Police or State Constabulary systems, and 
have found them most effective as well as much more economical than 
the use of the National Guard for such purposes. In this connection, 
also, your attention is directed to the fact that the Attorney General is 
of the opinion that a considerable appropriation will be necessary for 
the adequate enforcement of the prohibition law. These matters may 
well be considered together. The whole subject is respectfully called 
to your attention for appropriate consideration. 

New Counties, 
Already there is evidence of activity on the part of the people of 
some of the various communities of the State looking toward the crea- 
tion of new counties. During the time I have been Governor of Mon- 



SIXTEENTH ASSEMBLY 81 

tana I have often stated my lack of confidence in the system of creat- 
ing counties by special legislative enactment. I still believe it to be a 
mistaken course. 

It is possible under our Constitution to have a general law under 
which counties may be created by the people themselves. If there is 
necessity at this time for a new county division law of general appli- 
cation it may well be enacted. Your attention is directed to the matter 
and it is urged that suitable provision be made in the premises. 

Inflnenza. 

During the last year the world has experienced one of the greatest 
epidemics known to mankind. The dread disease, influenza, and its 
resultant complication have not left America free from its ravages. 
Montana has suffered, and the best authorities advise us that we will 
continue to suffer in common with other countries. Your attention is 
directed to the advisability of providing suitable means of fighting this 
epidemic and caring for the unfortunates who are so stricken. The State 
Board of Health and Volunteer Red Cross have done most effective and 
intelligent work and ample means for meeting like contingencies in the 
future should be provided. 

Industrial Accident Board. 

The Industrial Accident Board has more than justified its existence. 
The department still holds a record for economy as well as for efficiency 
as compared with like departments in other States. The decisions of 
the Board have met with approval to such an extent that no appeal has 
yet been perfected from its rulings. In the administration of the new 
departments of Boiler, Mine and Coal Mine Inspection the wisdom of 
the Legislature in making the change has been vindicated. The results 
show increased efficiency and a material saving. It is a matter of con- 
gratulation that the interests of employer and employe have been so 
justly served as to meet the approbation of both. 

State Highway Commission. 

The existing Highway department was created by the last regular 
Assembly. It is a non-political commission consisting of six republicans 
and six democrats. The commission is made up of the highest class 
men in the State. Their work has been held up by the war, but with 
the close of the war and the removal of incident restrictiourf a large and 
useful work may be done. Your particular attention is directed to this 
department because of the fact that as time goes on the necessity for 
an adequate Highway department will be more and more apparent. 

Survey of Feeble-minded. 

The Fifteenth Legislative Assembly made provision for a survey of 
the feeble-minded of the State. The object of the law has been accom- 
plished, and the results of the survey will be submitted to you for proper 
consideration. It was the intention that legislation be enacted on this 
most important subject. Your attention is called to the fact that Section 
3611 of the Revised Codes of Montana of 1907 may well be amended so 
as to prevent the marriage of first cousins, and thus will be taken a 
step in the direction of prevention. 

Forelg-n LangTiages. 

The Montana State Council of Defense, acting under its extraordin- 
ary powers, made an order forbidding the use of the German language 
in public gatherings and religious services in the State. Such an order, 
can of course, be effective only during the period of the war. The 
Council at the same time discontinued the teaching of the German 
language in the schools and institutions of the State. This order brought 
forth much comment and some protest. Several hearings were held by 
the Council, but the original order was never altered or rescinded. Your 
attention is directed to the subject and I recommend to you that there 



82 SIXTEENTH ASSEMBLY 

be suitable legislation regulating the use of all foreign languages, and 
governing the matter of teaching the same in our schools and institu- 
tions. Personally, I am opposed to teaching the German language in 
the public schools of Montana, and I am certainly unalterably opposed to 
the use of the German language in teaching other subjects in our schools 
or institutions. There ought to be suitable requirements absolutely 
compelling the understanding of the English language by all those who 
seek to become citizens, or even permanent residents, of this country. 

America has been called the "melting pot." Foreigners will not 
melt and merge into our Americanism until they understand the 
language of the country. The individual who does not care to learn 
the English language should not be admitted, and if any there be in the 
country at this time who cannot understand and use that language, 
they should be compelled to familiarize themselves with it within a 
reasonable time or remove from our midst. The individual who lives 
in, moves about, and draws his subsistence from this country and yet 
refuses to learn our language remains an alien just as much as though 
he still remained physically beyond the confines of our country. His 
spiritual existence, his patriotic inspirations — if he has any — are drawn 
from abroad and not absorbed from within. 

The Amazing Myth. 

The hearings held by the Council of Defense on the German lan- 
guage question developed the fact that propaganda had sometimes been 
spread through schools and churches. The amazing myth "German effi- 
ciency" had been reiterated and dwelt upon to such an extent that large 
numbers of our own people were deceived by it, German authors and 
educators had written their ideas into our literature and text books until 
there was created an abnormal, exalted opinion as to Germany and a 
corresponding belittlement of the other nations. For instance, the Eng- 
lish people were constantly held up to scorn and condemned for matters 
having to do with the Revolutionary war, whereas nothing was ever 
said of the fact that the Revolutionary war was precipitated by the 
abuses of a German dynasty and a German king temporarily occupying 
the English throne. 

While our Constitution grants to every man the right to worship 
God according to the dictates of his own conscience, I believe that we 
are not going too far when we insist that public services be at least 
translated into the English language. I also insist that foreign language 
publications, if they are to be circulated among our people, should 
carry English translations side by side, so that there may be no ques- 
tion as to the text of the foreign language articles. This is a day when 
the discussion of all public questions should be so written and spoken 
that he who runs may read and understand. 

Farm Bureau, 

Of all the active agencies engaged in general welfare work, and 
particularly in war work, during the past year and a half, none has 
been more effective or widespread than the Farm Bureau. This organi- 
zation of farmers has done much to awaken the spirit of patriotism in 
the rural districts, and has aided mightily in the solution of farm prob- 
lems generally and particularly of production and marketing, and all of 
the other problems incident to the various local communities. 

Farm Loans. 

The subject of State farm loans has been given much consideration 
in the past. The law enacted by the Assembly two years ago has re- 
sulted in the loaning of more than $2,385,000.00 of the Permanent School 
Fund of the State to the farmers of Montana. The law has worked 
admirably, but some changes and amendments may be necessary in the 
light of experience. 



SIXTEENTH ASSEMBLY 83 

State Hail Insurance. 

The State Hail Insurance law has been in effect two years and, 
while it may be said that the plan has worked successfully, important 
amendments should be made to the existing law in order to guarantee 
the fullest benefits from the plan. 

Oil Inspection. 

Montana is one of the few States having no adequate standard for 
oil grades. Much complaint is constantly heard relative to the char- 
acter of oils and gasolines sold in the State. Your attention is respect- 
fully directed to this very important subject. The use of fuel oils is 
becoming more and more common in every line of industrial activity. 

State Supreme Court- 

Since Montana was admitted to the Union our Supreme Court has 
consisted of three Justices. It is becoming more and more evident that 
three men cannot do the work contemplated by the Constitution and 
required under our laws. Some years ago it became necessary to create 
a special commission in order that the Court might catch up with the 
pending appeals. The same condition now obtains. The Court is almost 
two years behind, and there is little likelihood of three Justices being 
able to dispose of the accumulation of work and dispatch the current 
business. For that reason your attention is respectfully invited to the 
advisability of enlarging the membership of the Court by the addition of 
two Justices. 

Deficiencies. 

When the appropriations for the current biennial period were made 
two years ago. figures were submitted based upon prices then current. 
It is a matter of common knowledge that commodities and supplies of all 
kinds increased very materially in value soon after the adjournment of 
the Assembly two years ago. The result has been that in the larger insti- 
tutions, notably in the Penitentiary and the Hospital for the Insane, 
deficiencies of considerable proportions will be presented to you for 
consideration. The institutions were handled economically and carefully, 
but the State Board of Examiners and those in direct charge of the 
institutions believed, and still believe, that it is much preferable to 
present claims for deficiencies to allowing the institutions to run down 
or the standard of care given the unfortunates confined therein to 
deteriorate. 

Forest Fire Prevention. 

At several sessions of the Assembly the matter of preventing forest 
fires has been under consideration. The last special session gave con- 
sideration to the matter, but no adequate law was enacted. The State 
Council of Defense put into effect last summer a very drastic order, and 
by virtue of that order much property was saved in the State, fire losses 
being reduced to the minimum. With the ending of the war there will 
be no State Council of Defense and no means of bringing into existence 
such an emergency order for any future contingency. Your attention is 
therefore called to the matter, so that a general law of suitable applica- 
tion may be enacted at this session. 

Herd Law. 

Herd laws have been a bone of contention in former Assemblies. 
As the settlement of the State progresses the issue becomes more in- 
sistent. The present herd law does not seem to be satisfactory or 
easily workable. Your attention is directed to this very important 
subject. 

The Red Flag. 

The special session of the Fifteenth Assembly enacted commenda- 
tory legislation having to do with the use of the American flag. Our 
country is now essentially a country of one flag. There is no place 



84 SIXTEENTH ASSEMBLY 

here for the red flag of anarchy. You should provide suitable means 
for the suppression of the red flag and other emblems of antagonism to 
our government. 

State Purchasing Agent. 

It has been my pleasure in the past to recommend a State Pur- 
chasing Agent, with power and authority to make purchases of all sup- 
plies required by the State. I am still of the opinion that money can 
be saved to the State if some comprehensive plan of making purchases 
of State supplies is adopted. 

State Institutions. 

The various State institutions and departments have submitted 
their reports. These will be placed in your hands for appropriate con- 
sideration. I know that you will give careful attention to these and 
all other governmental matters. May I not suggest the wisdom and 
advisability of appointing committees to investigate the State institu- 
tions and departments and check up their affairs and administration? 
Those who are in charge of the institutions will welcome the fullest and 
freest investigation, and will be much benefited by the intelligent sug- 
gestions of the business men who compose the membership of this body. 
The departments of State located within the Capitol are open to you, 
both for your investigation and for your use in the discharge of your 
duties. Do not hesitate to call them to your assistance, to make sug- 
gestions, legislative or personal, for the improvement of the service. 

Public Improvements. 

There is necessity for public improvements of various kinds, such 
as road building and public buildings in different parts of the State. 
There will also be a demand for employment on the part of many peo- 
ple who have been otherwise emploj^ed during the period of the war. 
Wherever useful and necessary public improvements can be provided, 
it should be done for the double purpose just mentioned. 

The Federal government has in contemplation sevei'al plans for 
assisting returned soldiers and sailors and providing work for them. I 
heartily approve of the plan for reclaiming lands and providing farm 
homes for soldiers and sailors. The State may be called upon to co- 
operate with the general government in some of these plans, and if so 
we should not hesitate to respond in a substantial manner. 

Proiiibition. 

The State is just now entering upon its "dry" era. In my opinion 
prohibition of the liquor traffic is a boon much to be desired and of 
inestimable value to any constituency. We must not forget, however, 
that the prohibitory law is not different from other laws; it is not self- 
executing or automatically enforceable. It will require earnest, ener- 
getic and vigorous, not to say sympathetic, effort on the part of the 
prosecuting authorities. It may require special enactment by your body 
to make the spirit of the new departure thoroughly effective and suc- 
cessful. Ungrudging aid and willing co-operation should be forthcoming 
from every department of State. 

Primary Law. 

With the first attempt to use the Montana Direct Primary Law 
there came evidence that its operation would not result in equal and 
exact justice as between candidates and political parties. In each suc- 
ceeding application of the law the defects and deficiencies have become 
more apparent and the resultant inequities more flagrant. Two years 
ago I urged the amendment of the law, but nothing was done. It ought 
to be patent to everyone by this time that the law is unfair in its opera- 
tion and should not be continued in its present form. 



SIXTEENTH ASSEMBLY 85 

Salaries. 

While we are all anxious to hold down the expenses of State gov- 
ernment and to make the dollars go as far as they will, yet there is one 
subject that I feel constrained to bring to your attention. The salaries 
of many State officials and employes stand where they were fixed when 
Montana took on the dignity of statehood. Some new offices have been 
created and some salary adjustments have been made. The result is an 
inequality that ought to be rectified. Some of the elective State officers, 
holding the most important, dignified and responsible positions, still 
draw compensation as originally fixed when the offices were created. 
Former Legislative Assemblies made generous adjustments of the salaries 
of the Governor and Attorney General. Some of the salaries of other 
State officers and employes ought to be adjusted so that there would be 
uniformity and equity. The matter will doubtless appeal to your sound 
business discretion. 

Citizens Subject to ;»Iilitary Duty. 

Complying with the provisions of the Statutes, I have the honor to 
advise you that, according to the report of the Adjutant General, the 
number of able bodied citizens qualified for the performance of military 
duty, as shown by the several registrations in the State, during the 
war, is 201,296. 

Disbursements by the Governor. 

In accordance witli the provisions of the Constitution, I submit the 
following statement of moneys belonging to the State, and received by 
the Governor and by him paid to the State Treasurer, for the biennial 
period ended November 30, 1918: 

U. S. aid to Soldiers Home $2,175.00 

25 per cent Forest Reserve receipts 193,219.08 

5 per cent public land sales 39,769.16 

Total $235,163.24 

Conchuling. 

Finally, in closing permit me to express the wish that your work 
may be pleasant and fruitful of much good. The people of the State 
are awake as never before to the fact that in a people's government the 
masses of the people must be served. It will not be sufficient to serve 
a locality, a faction or a party. Only whole-hearted, broad-gauged and 
clear-visioned statesmanship will meet the entire approval of the various 
constituencies of the State. I address you today in the assurance that 
you possess such elements and that the same will be made manifest to 
the public at large as time proceeds. 

S. V. STEWART, 

Governor. 



SPECIAL MESSAGES. 



REFORM IN G0VER>3fE]VTAL 3IETH0DS. 

February 19. 1919. 

The President of the Senate, 
Senate Chamber, 

Helena, Montana. 

The two partial reports of the Joint Investigating Committee here- 
toforo appointed by the Senate and House have served to confirm my 
own oft expressed opinion and that of every business man connected 
with the State administration as to the necessity for reform in the 
methods employed by the State of Montana in the conduct of its vari- 
ous pctivities in departmental and institutional administration. 



86 SIXTEENTH ASSEMBLY 

Six years' experience in the office of Governor has demonstrated 
to my mind that there should be adopted and installed a system that 
will result in coordination and simplification of the State's business 
affairs. I have realized for example, that the State may save consider- 
able sums of money in the one particular of the purchasing of supplies, 
and to that end have heretofore recommended a Purchasing Agent. 

There are bills pending in your bodies looking to the creation of a 
Board of Control, a budget system, and various other reforms. I fully 
agree with the investigating committee that the result of today is due 
to the fact that our system has been created piecemeal as a result of 
the action of fifteen Legislative Assemblies. To my mind it would 
further confuse the whole situation to attempt to remedy it by anything 
short of a general revision. This cannot be done hastily, and certainly 
will not be accomplished by the creation of more boards and offices and 
the incidental expenses appurtenant thereto. 

If we are to adopt a general system of handling the State's busi- 
ness it ought to be done carefully and intelligently, and upon the recom- 
mendation of some Board or Commission who are in a position to draw 
upon all information available on the subject and to profit by the experi- 
ence of other States and other people. I most heartily endorse the plan 
of creating an Efficiency Board along the lines laid down in Senate 
Bill 117, known as the "Efficiency Bill". The Legislature may well 
create such a commission, and may with perfect propriety name the men 
who are to make the investigation. The v/ork of the commission is in 
the nature of a Legislative investigation, and the commission will be 
responsible to the Legislative Assembly of Montana, to which it will 
report recommendations and suggestions to meet the necessities of the 
State. Your commission should be, and if created no doubt v/ill be, 
composed of high class business men of such character, reputation, and 
qualification as to remove any objection on the ground of political or 
other bias. 

While it may take some time to make the preliminary investigation 
and evolve a proper system, nevertheless if the work of the commission 
should be completed in time to justify the submission of the report to 
the Legislative Assembly at a date earlier than the convening of the 
Seventeenth Session, there is no reason why the Assembly cannot be 
convened in extraordinary session for the consideration of these most 
important matters. 

I wish to assure you that I stand ready in this matter, as in all 

other matters, to take appropriate action in calling a special session 

of the Assembly whenever the conditions are of such exigent necessity 
as to warrant such call. 

The members of this Assembly will no doubt agree that a general 
system cannot be successfully worked out by a series of amendments 
any more than by a duplication of boards and offices, as thereby we 
would only increase the confusion of which complaint is now made. 
There are Constitutional provisions and prohibitions that must be taken 
into consideration, and if we are to secure the best general results we 
must arrange to amend the Constitution in the particulars wherein ex- 
perience and the growth of the State indicate that the particular pro- 
visions stand in the way of successful and adequate reform. Monuments 
are not built from the top townward, and if we build the new and much 
desired system unon a firm base, then shall we have something that 
will endure and be of great benefit in future years. 

S. V. STEWART, 

Governor. 



SIXTEENTH ASSEMBLY 87 

JUDICIAL REDISTRICTOG 

January 22, 1919. 

The President of the Senate, 
Senate Chamber, 

Helena, Montana. 

In view of the fact that a considerable number of bills have been 
introduced at this session of the Legislative Assembly looking to the 
creation of new Judicial Districts and more District Judges, I am im- 
pelled to call your attention to the fact that in my opinion the State 
of Montana already has as many District Judges as the necessities 
require. 

It is possible, and, in fact, very probable that the distribution of 
Judges is not such under the present system of District organization 
as to make for the best efficiency. In some instances the Judges have 
more work to do than they should be required to perform. In other 
instances the work is very light; so that if there could be brought about 
a reasonable and fair distribution of the Judgeships and of the duties 
incidental thereto the State may be saved increased expenditures. 

You will not overlook the fact that the salaries of District Judges 
come from the State treasury and are paid by the taxpayers of the 
whole State, and not by the taxpayers of a given district. Twenty 
years ago Governor Robert B. Smith suggested that salaries of District 
Judges should be made chargeable to the counties. Later other Gov- 
ernors urged that the State be redistricted and that the matter of 
Judges' salaries and expenses be adjusted. It seems to me that this is 
an opportune time to make that adjustment. 

There is no reason why you cannot pass a law to take effect at the 
expiration of the present Judicial terms, and thereby right the whole 
situation without injury or injustice to anyone. We hear considerable 
talk of State expenditures, and yet very few realize that a considerable 
item of State expenditure is included in the salaries and expenses of 
the twenty-seven District Judges of the State, the salary item alone 
being $108,000.00, without traveling and other expenses incidental to 
the maintenance of a Judicial position. 

I deem the matter of such importance as to justify your most care- 
ful consideration. 

S. V. STEWART, 

Governor. 



VETO MESSAGES. 



CONFISCATED LIQUORS. 

March 3, 1919. 

The Speaker of the House of Representatives, 

Helena, Montana. 

I am returning herewith House Bill No. 434, "An Act Providing for 
the Delivery of all Intoxicating Liquors Confiscated under the Prohibi- 
tion Laws, to the County Board of Health" without my approval and 
with my objections thereto. 

This Bill directs that all liquors confiscated by officers of the State 
in the enforcement of the prohibition laws shall be delivered by the 
officer having custody of the same to the County Board of Health of 
the county wherein such liquors were found, and that it shall be the 
duty of such County Board of Health to use the same for medicinal 
purposes. 



88 SIXTEENTH ASSEMBLY 

The people of the "United States, if not of the world, have come to 
realize that alcoholic liquors are not beverages, but may be medicines. 
The intention of this Bill is to preserve confiscated liquors for medicinal 
purposes. It is possible to so draft a measure and so surround ihose 
who are to administer it with proper safeguards that this may be accom- 
plished. I am, however, convinced that the Bill before me does not 
afford adequate and proper safeguards for the distribution and disposi- 
tion of liquors in Montana. 

Our laws are very drastic, and much liquor has been seized by 
officers. I am advised that in several counties stocks of liquors aggre- 
gating several thousand dollars in value are now in the possession of 
officers and will be destroyed unless the laws are changed. While I 
assume that in most instances the County Boards of Health would 
honestly administer the law, we all know that there are usually ex- 
ceptions. We have approximately half a hundred counties in the State, 
and as many County Boards of Health. This Bill leaves ample room for 
abuses and does not provide penalties or even directions such as ought to 
characterize such a measure. We ought not put anything upon the sta- 
tute books that will be construed as receding from the great principles 
of temperance adopted first by the people of Montana directly for their 
own government and later by the people of Montana in common with 
all the people of the United States in the matter of national prohibition. 

It ought to be possible to work out a suitable and safe law on the 
subject and one that may not be so readily abused. I am satisfied that 
such a result has not been accomplished in this instance. I am therefore 
returning the Bill to you without my approval at this my first oppor- 
tunity to do so in order that the Legislative Assembly may have an 
opportunity to further legislate on the subject, if in the wisdom of the 
members it can be done with safety and appropriate provision for the 
government and direction of those who are to be entrusted with the 
possession and distribution of confiscated liquors in Montana. 

S. V. STEWART, 

Governor. 

Veto sustained by vote of 70 to 5. 



TAX C03I3IISSION. 

March 3, 1919. 

The Speaker of the House of Representatives, 

Helena, Montana. 

I am returning herewith House Bill No. 8, entitled "An Act to 
Create a Permanent Tax Commission and Define the Powers and Duties 
thereof", without my approval and with my objections. 

This bill seeks to create a Tax Commission and designate the men 
who are to be Commissioners. I am constrained to withhold my approval 
of the proposed measure because of the fact that I cannot bring myself 
to subscribe to the doctrine that the Legislative Body of Montana was 
ever designed to be an appointive agency in the government affairs of 
the State. It is my firm belief that the people of this State clearly in- 
tended that the Legislative Branch of the State should enact laws and 
perform general Legislaive functions, and that the Executive department 
should exercise such functions as tradition and precedent have caused 
to be generally considered executive in character. 

The power of filling offices when vacancies obtain at a time when 
the people cannot themselves exercise the franchise in that behalf is an 
executive function. This fact is generally recognized; and in this par- 
ticular instance the State Tax Commission created by the Legislative 
Assembly two years ago and whose recommendation brought this meas- 
ure before you, recognized that the power of appointment in this very 



SIXTEENTH ASSEMBLY 89 

matter was properly vested in the Governor. That Commission prepared 
the original draft of the proposed measure, and it is interesting to note 
that as originally drawn, and as it first passed the House of Represen- 
tatives, the appointments were left to the Executive. It is also of more 
than passing interest to recall the fact that the last named Commission 
numbered in its membership not only one of the most prominent law- 
yers in the State but also one of the men now named in the bill as a 
member of the Permanent Tax Commission. 

This matter is not novel or new^ In times past it has been con- 
sidered in Montana. The Ninth Legislative Assembly created some 
offices and sought to name the incumbents. Honorable Joseph K. Toole, 
then Governor of Montana, protested and most ably presented the right 
of the Executive in the premises. His veto message on House Bill No. 
58 of that Session, which bill sought to create and fill a judicial posi- 
tion was not only tlie ablest and most comprehensive public document 
ever issued by that Statesman, but in the opinion of many it was the 
greatest State paper that ever emanated from a Montana State Official. 
Governor Toole entered into the matter at great length. He presented 
not only the law but the logic of the entire subject. His remarks are 
too lengthy to quote in full at this time, nevertheless I cannot refrain 
from quoting to you some of the important parts of that most able 
document. He began his discussion of the subject with this declaration: 

"Tliis bill, if not unconstitutional in attempting to 
name tlie judge for the new^ district, is violative of 
sound public policy." Again he said, "It is uniformly 
admitted that the continued success of a Republican 
Form of Government is due to the wonderful wisdom 
with which the functions of Government were dis- 
tributed between the three principal departments: The 
Legislative, the Executive and the Judicial. 

"Another provision worthy of note is that which 
gives to the Governor the supreme executive powder of 
the State. 

"Eminent Constitutional Lawyers have gone so far 
as to maintain that the exercise of the appointive power 
by the Legislative Body is positively forbidden by that 
clause (found in the constitution of every State) which 
divides the powers of Government into three depart- 
ments. Legislative, Executive and Judicial, and prohibits 
those charged with the exercise of one class of power 
from exercising powers belonging to either of the 
others." 

The Governor then quoted the provisions of our own Constitution 
and compared them with the provisions of the Federal Constitution. 
His arguments and authorities seem to clearly establish his contention. 
He closed his message wnth such pertinent paragraphs that I do not 
hestitate to give them to you in full. 

"So far as I am personally concerned, I have no 
desire to exercise the powder of appointment. The ex- 
ercise of this power is not alw^ays, indeed, not often, 
satisfactory or agreeable from a personal standpoint. It 
invariably leaves in its train disappointed ambitions and 
often life-long animosities, but such considerations can- 
not be taken into pccount or allowed to weight the 
balance down against a Constitutional duty. There are 
many other things pertaining to the duties of the 
Executive which are far from being satisfactory or 
agreeable but which must nevertheless be done. The 
great debt which the Legislature owes to the people of 
Montana can be more honorably and more worthily paid 



90 SIXTEENTH ASSEMBLY 

than by vainly seeking to find an office for every one 
of that vast multitude of deserving and patriotic citi- 
zens who eagerly seek such appointments. 

"Nor can it he said that I shall have fairly dis- 
charged my duties to the people by merely dispensing 
official favors to those who, with their petitions and 
importunities, daily lay siege to the Executive Office. 
Appointing to office is only a part of my duty. Has 
the trust been abused? Can it be said that I have in the 
past, with a false sense of party fealty, turned a deaf 
ear to those who have politically differed from me, and 
appointed unworthy men to public office? 

"Disclaiming the vain, and the foolish idea that I 
am any better or greater than the people who have 
honored me or the distinguished body to whom I send 
this message, but instinct with the determination to do 
my duty as I understand it by preserving intact proper 
Fi-sipcutive powers, regardless of consequences, I decline 
to accept any part of the responsibility for a measure 
which usurps Executive authority. My constituency 
expects no such thing from me. They will approve 
what I have said and will be content with nothing less. 

"The foregoing objections which I make to the 
passage of this measure are therefore in no sense per- 
sonal, but reflect my best judgment as to the proper 
powers and duties of the Executive, not only with 
regard to this particular bill, but to all other measures, 
now pending or hereafter introduced, which seek to 
transfer the power of appointment of important State 
officers from the Executive to the Legislative Depart- 
ment. 

"It is altogether better that an otherwise good 
measure should fail than that its accomplishment should 
circumvent the Constitution or sound public policy which 
has been uniformly acted upon so far as important State 
officers are concerned, since the organization of the 
State, except in the instance to which I have called your 
attention." 

While it would seem that the reasons heretofore assigned were in 
themselves sufficient to justify the action I have taken on this Bill, 
nevertheless there is yet another reason why, in my opinion, the bill 
need not be enacted into law at this Session. 

House Bill No. 8 is one of a series of measures recommended by 
the Tax Commission created by the Legislative Assembly two years 
ago. The other bills, to-wit: House Bills Nos. 7, 11, 12 and 30, have 
been approved and have become laws. House Bill No. 7 provides for 
the submission to the voters of the State of an act looking to the 
amendment of the Constitution so as to warrant the creation of a per- 
manent Tax Commission with constitutional authority. If the people 
approve the proposed amendment, we will have a permanent Tax Com- 
mission with full authority in all tax matters. This Commission would 
then take over the duties and functions of the Commission proposed 
under House Bill No. 8 and would at the same time be clothed with 
all of the authority and all of the functions of the State Board of 
Equalization. 

I most earnestly favor a permanent Tax Commission with constitu- 
tional and complete authority such as contemplated under the terms of 
the proposed constitutional amendment. The other tax bills heretofore 
mentioned, invest the State Board of Equalization with broader and 
fuller and more complete authority in tax matters during the next 
two years, or until such time as a constitutional Tax Commission shall 
have been created. 



SIXTEENTH ASSEMBLY 91 

The Tax Commission proposed under House Bill No. 8 can only 
be advisory and supplemental to the State Board of Equalization during 
the next two years. Ultimate authority must remain vested in the State 
Board of Equalization. Therefore, the acts of the proposed Tax Com- 
mission must be of a limited and restricted character. I am convinced 
that the State Board of Equalization, if given the proper appropriation, 
can perform the duties now vested in that Board and the duties con- 
templated under House Bill No. 8. If House Bill No. 8 goes into effect, 
there will be three new offices created, each officer to receive a salary 
of $5,000.00 or a total of $15,000.00 per annum for salaries alone! In 
addition to that experts, clerks and other employes will be engaged. 

I am of the opinion that the State Board of Equalization can utilize 
the same clerks and experts and exercise as complete and more effective 
jurisdiction over the tax affairs of this State in the next two years than 
could possibly be exercised by the two Boards. 

This State has had experience in the creation and administration of 
an Advisory Tax Commission. The Thirteenth Legislative Assembly 
created a State Tax Commission advisory to the Board of Equalization. 
The plan was not a success. The Fourteenth Legislative Assembly 
abolished the Board and reverted to the old system. We should profit 
by that experience. No one will contend, and it has not been contended 
at this session, that an Advisory Tax Commission will be permanently 
successful. If the people of the State of Montana should not adopt the 
constitutional amendment providing for a constitutional Tax Commis- 
sion and thereby abolish the State Board of Equalization, the next ses- 
sion of the Legislative Assembly will follow the precedent of the Four- 
teenth and abolish the Advisory Commission. Therefore, it seems to oe 
but wise, proper and economical to refrain from the creation of a Board 
which must of necessity be temporary and which must likewise be 
expensive. 

We are looking for an opportunity to retrench and economize rather 
than to create and unnecessarily expand and spend money. 

I am, therefore, returning the bill to you, first because I think that 
the Legislature ought not to select officials in the manner proposed in 
this bill and, second, because I think that the creation of a temporary 
Commission will not serve a good purpose and will not justify the ex- 
penditure of the money required to establish and maintain it. 

S. V. STEWART, 

Governor. 

Veto sustained by vote of 32 to 47. 



BA(E TRACK BETTING. 

March 5, 1919. 
The Speaker of the House of Representatives, 

Helena, Montana. 

I am returning herewith, without my approval and with my objec- 
tions thereto. House Bill No. 274, being "An Act to Amend Section 1 of 
Chapter 55 of the Session Laws of the Fourteenth Legislative Session 
of the State of Montana, relating to Wagers." 

This Bill is almost identical with the Bill that was passed by the 
Legislative Assembly two years ago and vetoed by the Governor. The 
grounds upon which the veto was based, and sustained by the House 
at that time, were merel3^ that I did not believe in the principles in- 
volved in the attempted legislation. The same grounds are sufficient 
now, because I have not changed my views on the subject in any sense. 

The Bill of two years ago and the measure before me now were 
both passed with the idea of benefiting the State and county fairs. It 
has been claimed that the State Fair has become a greater financial 
burden upon the people since the abolition of race track betting. This 



92 SIXTEENTH ASSEMBLY 

is probably true in one sense, but we must not forget that no more 
money lias been spent for the maintenance of the State Fair in recent 
years than under the old system. The only difference is that a larger 
portion of money has come from the State Treasury and no money has 
been derived for maintenance purposes from percentages on pari-mutuels 
or other betting devices. 

If the people prefer to pay for the State Fair directly rather than 
to have the money raised under the old system of betting, then it is 
their business and no one else can complain. I am convinced that the 
people do not care to be in partnership on any kind of a game of chance, 
even though it should relieve the general treasury of the burden of 
maintaining a most meritorious and beneficial institution such as the 
State Fair. 

To my mind the Montana State Fair is a great educational institu- 
tion. From it the people derive much beneficial information and by it 
there is aroused a justifiable sense of pride in the resources of the 
State and the achievements of the people. The State Fair was never 
established as a money-making proposition. Fairs are not designed 
under our modern system to be self-sustaining. I am convinced that the 
people will most heartily approve a liberal appropriation from State 
funds for the maintenance of the State Fair and that no complaint will 
be heard from the taxpayers. I am also convinced that the people will 
complain if there is an attempt made to revive race track betting, 
even though it be done under the guise of economical and financial 
necessity. 

In recent years the authorities have encouraged Boys' and Girls' 
clubs and contests of various kinds in the various counties. The win- 
ners in the county contests have been brought to the State Fair and 
entertained. Last year nearly one hundred and fifty boys and girls from 
thirty-eight counties of the State came to Helena as the guests of the 
Fair Association and were given the benefit of the educational and other 
wholesome features of the exposition. I do not believe that the fathers 
and mothers of these boys and girls will approve of any plan that will 
place before them the spectacle of the Montana State Fair operating 
and maintaining any department that may be properly denominated a 
game of chance. 

This State has shown a quickening spirit in the things that go to 
make up the morale of good citizenship. This is no time to take a 
backward step. We should not yield an inch of ground that has been 
gained, but rather we must fight for further advancement. No one 
wants to see a prudish Montana or a narrow and small-caliber citi- 
zenship, but if the erection of proper moral standards in the State of 
Montana is to be successful by the citizens, then the State body politic 
must do its part. The citizens of this State cannot hope to advance the 
cause of good citizenship, of decency, of morality, or of clean living by 
the individual advocacy of proper righteous theories unless these theories 
are put into practice by the State as a whole. 

I am therefore, and for the second time, forced to withhold my 
approval of a bill which to my mind will let down the bars and con- 
stitute a backward step in the moral development and intellectual re- 
finement of the citizenship of Montana. 

S. V. STEWART, 

Governor. 

Veto sustained by vote of 49 to 34. 



SIXTEENTH ASSEMBLY 93 

ABSENT TOTERS' LAW. 

March 11, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena^ Montana. 

Dear Sir: 

I am transmitting herewith House Bill No. 302, entitled "An Act 
to Provide a Method of Voting at General, Special and Primary Elec- 
tions, Including General, Special and Primary Municipal Elections, by 
Electors Absent or Expecting to Be Absent on the Day of Such 
Election from the State of Montana or County or Precinct in which they 
are Electors, and Regulating such Voting, and Providing Penalties for 
Violations of the Provisions of this Act, and Repealing Chapter 155 of 
the Session Laws of 1917", without my approval and with my objections 
thereto. 

This bill is denominated an absent voters' law and is designed to 
take the place of Chapter 155 of the Session Laws of 1917, and all 
other Acts and parts of Acts on the subject. 

The subject of absent voting first received attention by the Legisla- 
tive Assembly of Montana in 1915. Chapter 110 of the Laws of 1915 
constituted an absent voters' law. It was found that there were some 
defects, and two years later the session of 1917 enacted Chapter 155 
to take its place. Chapter 155 contains very carefully prepared and 
seemingly adequate safeguards against fraud. It is in reality an absent 
voters' law because, under its terms, a voter absent from the county 
may send to his county and from the County Clerk obtain a ballot, 
which he may vote at the election without having to make a trip to 
his home county for a ballot. 

Under House Bill No. 302, now under consideration, the application 
must be made at a time after the ballots are printed and before the 
distribution to the judges, whereas, under the old law, the application 
might be made at any time within thirty days next preceding the elec- 
tion. Under the proposed act the application must be subscribed and 
sworn to before some person authorized to administer oaths in the 
county of the voter's residence. By that provision the voter must be 
present in the countv to make his apnlication, and really the result 
would be to deprive federal officials. St?te officials, as well as traveling 
men and soldiers and sailors in the service, of the benefits of voting 
by mail. 

It cannot be said that the old law does not provide safeguards in 
the matter of the aT)plication. Under Chanter 155, Session Laws of 1917, 
the elector must sign his application, setting forth that he is a quali- 
fied elector in a certain precinct, and he must have the affidavits of two 
other qualified electors of his orecinct attached to his application before 
he is entitled to receive a ballot. To adopt the provisions of the new 
measure is to restrict the operation of the absent voters' law to such 
an extent as to deprive a very large proportion of the citizens of this 
State of the benefits of that measure. The charges of fraud and misuse 
under the present law have been so few that I do not see any necessity 
for the drastic change proposed by House Bill No. 302. 

I am, therefore, of the opinion that the interests of justice will be 
best subserved by the veto of the measure, and I do, for the reasons 
above stated, attach this my veto to the bill herewith transmitted to you. 

Yours truly, 

S. V. STEWART, 

Governor. 



94 SIXTEENTH ASSEMBLY 

IRRIGATION COMMISSION. 

March 12, 1919. 

Hon C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 

objections thereto, Substitute for Senate Bill No. 58, entitled: 
"An Act to Create the Montana Irrigation Commis- 
sion; to Define its Powers and Duties; to Define the 
Powers and Duties of the State Engineer in Connection 
Therewith; to Provide for the Furnishing and Contract- 
ing for Power by an Irrigation District; to Provide for 
the Apportionment of the Cost of Pumping Water; to 
Provide for Drainage of Lands Within an Irrigation 
District; to Provide for the Issuance of Permits for the 
Sale of Water; and to Provide Penalties for a Violation 
of the Provisions of this Act." 

This bill seeks to create a State Irrigation Commission. The bill 
is quite long and has some very meritorious features. The provisions 
of the bill are not confined to the creation of an Irrigation Commission; 
in fact the Irrigation Commission feature seems to be really the lesser 
feature of the bill as it finally passed the Legislature. The consent by 
any irrigation district to the Commission's jurisdiction is made optional. 
Under these circumstances, if the bill should become a law, we would 
have some districts under the jurisdiction of the Commission and others 
operating independently. I do not believe that would be a good plan. 

One of the outstanding features of the measure as a whole is the 
fact that it gives the Irrigation Commission authority to supervise the 
sales of water rights and of water under certain circumstances. I have 
doubts about the advisability of this course. To my mind there is 
danger in erecting a law commission with power to make rulings which 
in effect may constitute adjudications of serious water right questions. 
There is no doubt that there are grave possibilities of serious water 
litigation as a result of such a course. 

The claim is also made that the United States Government, and 
those who are seeking to reclaim arid lands, may be embarrassed by the 
measure. It is not clear to me that such is likely to be the result and 
yet, at the same time, it is not clear that such a result would not follow. 

Under all of the circumstances I am unable to see enough good in 
the proposed measure to offset the undesirable features thereof, and 
for that reason I am transmitting it without my approval. 

Yours truly, 

S. V. STEWART, 

Governor. 



FISHING AND HUNTING LICENSES. 

March 12, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am handing you herewith Substitute for House Bill No. 52, 
being: 

"An Act to Amend Sections 1, 22, 29, 32, 34 and 40 
of Chapter 173 of the Session Laws of the Fifteenth 
Legislative Assembly of the State of Montana, relating to 



SIXTEENTH ASSEMBLY 95 

Hunting and Fishing Licenses, and Regulation of 
Hunting and Fishing in the State of Montana." 
without my approval and with my objections thereto. 

This bill proposes to change the hunting and fishing laws in many 
particulars. I have compared the suggested changes with the present 
law and find that in most instances they are unimportant. However, 
there is one particular in which I think the bill would be likely to 
work a hardship. The bill requires that at the time of issuing hunt- 
ing and fishing licenses a button shall be given to each holder of a 
license, to be known as a hunting and fishing button, each button to 
bear on its fact the words "Hunting and Fishing License of the State 
of Montana for the year 1919 — Montana Game and Fish Commission". 
The bill also directs that new buttons shall be furnished annually, and 
that they shall be worn by people hunting and fishing. I see no good 
to be accomplished by the wearing of these buttons. Game Wardens, 
when they accost hunters or fishermen, will doubtless want better proof 
of the possession of a license than the mere exhibition of a button, 
which might be passed from one individual to another. A button of 
the size and dimensions required, and with the wording suggested, would 
cost a considerable amount of money and, in my opinion, would serve no 
good purpose. Approximately 7.5,000 licenses are issued every year. The 
distribution of that number of buttons as well as the cost thereof would 
involve considerable burden. 

The proposed bill seeks to reduce non-resident licenses from $3.00 
to $1.50. I can see no reason for that change. The other changes sou.g'it 
to be worked in the existing laws are of such a slight character that I 
can see no reason for putting through a lengthy bill of this kind, with 
its repetitions. In the particulars wherein it differs from the present 
law there seems to be little of merit in favor of the proposed measure. 
It seems to me that we ought to cliange the laws on this subject as 
little as possible, unless there is something really to be gained. The 
people seek to familiarize themselves with the laws and to obey them 
generally. If we are to keep changing all the time without any apparent 
reason it will simply mean that by the time the people come to under- 
stand the provisions of a law. a Legislature will change it and sub- 
stitute something "just as good" — but probably no better — merely to the 
confusion of the sportsmen. 

For the reasons above assigned I have refused to sign Substitute 
for House Bill No. .52. 

Yours truly, 

S. V. STEWART, 

Governor. 



STATE EXAMINER'S FUND. 

March 13, 1919. 
Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 
objections thereto, House Bill No. 282, being: 

"An Act to Amend Section 215 of the Revised Codes 
of Montana of 1907, Relating to the State Examiner's 
Fund." 

The only difference between this bill and the present law is that 
the money paid in, under the terms of the existing law, is passed to 
the credit of the State Examiner's Fund and is used to defray the 
expenses of that department. The bill under consideration directs that 
all moneys collected in pursuance of the act shall be paid into the State 



96 SIXTEENTH ASSEMBLY 

Treasury and deposited to the credit of the General Fund. This would 
be satisfactory if the Legislature had appropriated sufficient money 
to pay the expenses of the department for the biennial period. As a 
matter of fact, there was some misunderstanding on the part of the 
Legislators and there was no sufficient appropriation made. The 
expenditures of the department for the past year were considerably in 
excess of the amount attempted to be appropriated. As the expenses of 
the department are largely paid from funds collected from the counties 
and banks, there is no reason why these funds cannot go into the treasury 
to the credit of the State Examiner's Fund. In fact, if such is not done 
there will not be adequate expense money to run the department. The 
appropriation need not be used and the expenses can be paid from the 
State Examiner's Fund as indicated. 

Very truly yours, 

S. V. STEWART, 

Governor. 



GAME WARDEN BILL. 

March 14, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 
objections thereto, House Bill No. 264, entitled: 

"An Act to Make Sheriffs, Under Sheriffs, Deputy 
Sheriffs, Constables and Forest Rangers, Forest Super- 
visors or Deputies, Ex-Officio Deputy Game and Fish 
Wardens," etc. 

This is the much discussed and quite celebrated Fish and Game 
Bill, which seeks to dispense with the services of Deputy Game Wardens 
and impose upon Sheriffs, Under Sheriffs, Deputy Sheriffs and Con- 
stables of the several counties, and upon Forest Rangers, the duties now 
performed by Deputy Game and Fish Wardens. 

The Montana Fish and Game Department was organized under the 
terms of an Act passed by the Seventh Legislative Assembly in the year 
1901. Since that time it has grown to considerable proportions. During 
the last fiscal year $120,145.20 was collected from the sale of licenses and 
permits; confiscations, $975.77; fines, $5,371.30. The total amount of 
money collected by the department was $126,492.36. There is maintained 
from the income of the department the law-enforcing agencies, con- 
sisting of the Game Warden, paid and other Deputies, and in addition 
thereto the State maintains from the Fish and Game Fund fine fish 
hatcheries at Anaconda and Somers, as well as spawning stations at 
other points. The expense of the maintenance of the fish hatcheries 
and the distribution of fry now amounts annually to approximately 
$25,000.00. In the year 1918, 16.745,998 fry were distributed in different 
parts of the State to stock the streams in the various communities. 
This fry consisted of 9,551,000 trout of the different varieties; 5,965,000 
greyling; 4,998 salmon, and 1,225,000 Montana whitefish. A portion of 
the revenues of the department have been utilized for the shipment of 
elk and other game from one part of the State to other sections. 

The department has really achieved considerable size and importance 
and, to my mind, it has done a great deal of good in the way of game 
and fish protection and propagation. Game and fish constitute one of 
the most attractive assets of the State. Constantly people are coming 
to Montana, and to all of this western country, because of the hunting 
and fishing, and very ofen they invest their money and becom.e perma- 



SIXTEENTH ASSEMBLY 97 

nent residents, or at least investors. I am convinced that the people of 
Montana do not want anything done that will in any wise tend to remove 
from the game and fish the protection that is now afforded them; and 
certainly no sane man or woman wants to put anything in the way of 
the propagation of fish in the streams of this State. 

There is only one sensible way in which to accomplish the result 
sought, and that is by means of a well organized and carefully regulated 
department. Such a department costs some money, but under the pres- 
ent plan it does not cost the taxpayers one cent of tax money. The 
expenses are all discharged by those who buy hunting and fishing 
licenses. In other words, by the sportsmen of the State. We often hear 
protests about the expenses of the Game and Fish department, but 
ordinarily the individual who protests most vociferously is unable to 
produce a license for the current year w^hen invited to do so. There 
has been no complaint from those who have been paying the bills. 

Since the Sixteenth Legislative Assembly has been in session there 
have been constant uproar and turmoil and criticism about the Game 
Warden's department, but none has come from those who are interested 
and who would have the right to protest if a complaint were due. I 
doubt whether the learned editors who have written the mighty philip- 
pics against the department would recognize a hunting and fishing 
license if they met it on the broad highway, and probably most of them 
would scarcely be able to distinguish between an antelope and a 
porcupine. 

It must not be forgotten that a very considerable amount of the 
money collected for the purpose has not been expended. There is on 
hand at this time in the Fish and Game Fund a balance of $83,822.36. 

It is not possible to make a thorough collection of funds from the 
sale of licenses without giving careful attention to the same. The fact 
that Game Wardens are everywhere in the hunting and fishing regions 
tends to promote the sale of licenses. People who might hunt and fish 
without a license if they felt safe and secure from detection are not 
likely to do so when they know there is a Game Warden in the com- 
munity. I venture the assertion that if this bill should become a law 
the income to the department would be cut in half. 

This bill seeks to impose the duties now performed by Game War- 
dens upon the sheriffs and other officers heretofore mentioned. These 
officers are paid from the funds raised by general taxation. It would, 
therefore, mean that the obligations discharged by the funds raised In a 
particular manner, from the sale of licenses, would thereafter be largely 
paid from the general funds of the counties. I do not consider that 
this would be fair and right, and it certainly would not constitute an 
efficient method of protecting and propagating fish and game. 

There is, however, an alternative offered in the bill. It is provided 
tliat when in any county the force of ex-officio Deputy Fish and Game 
Wardens operating in such county shall not be able to properly per- 
form the work and protect the game, the Sheriff may certify such fact 
to the County Commissioners, w^ho in turn may certify it to the State 
Game Warden, who in turn may certify it to the State Board of Ex- 
aminers and, in case they approve, the Sheriff shall have the authority 
to appoint a special Deputy to enforce the fish and game laws in his 
county, which Deputy shall be paid out of the State Fish and Game 
Fund. It is not difficult to believe that instead of twenty-two Deputies, 
as at present, it might be possible to find the Fish and Game depart- 
ment burdened by fifty Deputies — one for each county. 

I am of the opinion that the Sheriffs are either so busy or other- 
wise engaged to such an extent that the protection of game at the very 
best would be a secondary consideration. I do not want to impugn 
the motives, honesty, or efficiency of any of the Sheriffs or other offi- 
cers of this State; but I do know% however, that most of them do not 



98 SIXTEENTH ASSEMBLY 

desire to have this burden put upon them. Neither a Sheriff nor liis 

deputies are in a position to go out into tlie fields and hills, as the 

Game Wardens do, and remain for days or weeks at a time during the 
game seasons. 

I have been utterly astounded by the number of letters, telegrams, 
and personal appeals that have come from different parts of the State 
praying that this and any other kindred measure be vetoed, t is very 
evident to me that the people of this State are not in favor of such a 
change as is here attempted. 

I am inclined to believe that the attempt to change was actuated 
by political considerations. The charge has been made that the Game 
Warden's department is a political machine. Such is not the case. I 
can personally testify that in the six years that I have been in the office 
of Governor the Game Warden's department has never been used as a 
political machine, nor has any other department. An attack was made 
on the Game Warden's department for political reasons early in the 
Legislative Session just ended. In the effort to substantiate the attack 
and convince the people that there was something wrong with the de- 
partment, the books, accounts and affairs of the department were sub- 
jected to the most minute and careful examination and scrutiny by two 
different committees from the Legislative Assembly, working at the 
same time and each demanding the undivided attention of the State 
Game Warden and his office force. I know that Mr. DeHart, the State 
Game Warden, stood ready at all times to disclose every fact and figure 
having to do with the affairs of the department. After all the "shouting 
and tumult", and after the most searching inquiry, the investigation 
failed to disclose anything that could, even by a stretch of the imagina- 
tion, be construed as any dereliction of duty or any contravention of 
honesty and good intent upon the part of the Game Warden and his 
force. I consider that the investigation given the department and the 
results, or lack of results, obtained constitute a clean bill of health and 
a first-class recommendation for the department and its personnel. 

In the light of the achievements of the department, of its present 
high standing and good repute with the sportsman and the better class 
of citizens of Montana, I am convinced that the enactment into law of 
the proposed measure would not be in the interests of good government, 
nor would it meet with the approval of the right thinking citizens of 
this State. As I have said, the claim that the Game Warden's depart- 
ment, or any other department of this State, has been used as a political 
machine is absurd, unfounded and malicious. Since I have been 
Governor of the State of Montana I have given and caused to be given 
to the people of this State, both personally and through the agency of 
the various departments, as honest, as fearless, as independent, and as 
capable an administration of State affairs as was within my power. At 
no time have any of the agencies of State knowingly or wittingly been 
hirned aside from honest purpose for selfish, personal, or party aims. 

With an abiding appreciation of the facts just stated I have no 
hesitancy in saying to the critics of the Game Warden's department 
that they know not whereof they speak; or perhaps in some instances 
they speak and write in words and statements that, unfortunately for 
them, are lacking both in substance and in verity. 

Very truly yours, 

S. V. STEWART, 

Governor. 



SIXTEENTH ASSEMBLY 99 

CAPITOL BOND ISSUE. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 
objections thereto, Senate Bill No. 134, being 

"An Act to Provide for the Issuance and Sale by the 
State Board of Examiners of Bonds of the State of Mon- 
tana for the Purpose of Refacing the Original State 
Capitol Building with Montana Granite and Refurnish- 
ing and Remodeling the Interior of the Same; and to 
Provide for such Refacing, Refurnishing and Remodel- 
ing under the Authority and Direction of the State 
Board of Examiners." 

This bill provides for the issuance of bonds to the amount of $500,- 
000.00 for the purpose of refacing the original Capitol and refurnishing 
and remodeling the interior of the same. 

In accordance with the provisions of Senate Bill No. 72 of the Fifth 
Legislative Assembly (Session Laws of 1897. page 171 et seq), the State 
Board of Land Commissioners issued bonds to the amount of $350,000.00 
for constructing the original Capitol. 

Thereafter, and in accordance with the provisions of Chapter 63, 
Acts of the Eleventh Legislative Assembly (Session Laws of 1909, page 
69 et seq), the State Board of Land Commissioners issued bonds to the 
amount of $500,000.00 for the construction of the two wings to the 
Capitol, and in accordance with the provisions of Chapter 2, Acts of 
the Extraordinary Session, Eleventh Legislative Assembly (Chapter 2, 
Session Laws, Extraordinary Session 1909, page 5 et seq), the State 
Board of Land Commissioners issued bonds to the amount of $150,000.00 
for the construction of such wings, the $500,000.00 theretofore issued 
being insufficient for such purpose. 

When the Fifteenth Legislative Assembly convened it was apparent 
that there was not sufficient funds in the Capitol Building Interest and 
Sinking Fund to pay off all of the $350,000.00 bonds issued in 1897 under 
the provisions of Senate Bill No. 72, Acts of the Fifth Legislative Assem- 
bly, and which were about to become due, and that it was necessary to 
refund a portion thereof, consequently the Fifteenth Legislative Assem- 
bly by Chapter 13 (Session Laws of 1917, page 10 et seq.), authorized the 
State Board of Land Commissioners to issue refunding bonds to the 
amount of $125,000,00 and such Board in compliance therewith issued 
the same. 

It appears that bonds are now outstanding against the Capitol Land 
Grant as follows: 

Issued under the provisions of Chap. 63, Acts 
of Eleventh Session, bearing 5 per cent 
interest $500,000.00 

Issued under the provisions of Chap 2, Acts 
of Extraordinary Session Eleventh Ses- 
sion, bearing 5 per cent interest 150,000.00 

Issued under the provisions of Chap. 13, Acts 
of Fifteenth Session, bearing 4 per cent 
interest 125,000.00 



Total $775,000.00 



100 SIXTEENTH ASSEMBLY 

And it also appears that the interest becoming due annually on such 
bonds is as follows: 

On $500,000.00 issued under the provisions of 

Chap. 63, Acts of Eleventh Session $25,000.00 

On $150,000.00 issued under the provisions of 
Chan. 2, Acts of Extraordinary Session, 
Eleventh Session 7,500.00 

On $125,000.00 issued under the provisions of 

Chap- 13, Acts of Fifteenth Session 5,000.00 

Total $37,500.00 

It also appears that while the estimated value of the Capitol Land 
Grant, including deferred payments on land sold, and cash in the hands 
of the State Treasurer, is $3,035,075.59, the annual income from such 
grant during the year 1918, exclusive of amounts received by way of 
principal of deferred payments and principal received from sales of 
timber, was but $16,196.81, or $21,303.19 less than the amount required to 
meet the annual interest on the bonds outstanding. During the year 
1918 there was also received in payment of principal of deferred pay- 
ments and for timber sold the sum of $36,475.71, and in order to pay the 
interest on the outstanding bonds it was necessary to use the amounts 
received from such payments to the extent of $21,303.19, thus leaving 
from the total income of such grants, including amounts received as 
principal of deferred payments and from sales of timber, but $15,172,52 
to become a part of the sinking fund to be used in payment of these 
bonds as they become due, and as these bonds run for twenty years, it 
will readily be seen that unless such amount be greatly increased during 
the coming years there will not be a sufficient amount in such fund to 
pay off these bonds when they become due. 

Section 3 of Senate Bill No. 72, Acts of the Fifth Legislative 
Assembly (now Section 1240, Revised Codes of 1907), created the Capi- 
tol Building Interest and Sinking Fund, and provides that all moneys 
received from the sales of land, leases of land, sales of timber, and 
profits from all other sources belonging to such grant, shall be paid into 
such fund, and that the interest becoming due on said bonds shall be 
paid out of said Fund. Subsequent acts authorizing issues of bonds, 
by appropriate reference, make this Section a part of such acts. This 
Section contains no provision segregating such funds so that a part 
thereof may be used for the payment of interest becoming aue and a 
part thereof shall be retained as a sinking fund for the payment of th'e 
principal of the bonds issued, and from the wording of this Section it is 
apparent that the Legislature anticipated that the income from sales, 
leases, and from all other sources would be sufficient not only to pay 
the annual interest charges, but also to leave a surplus which would be 
sufficient to pay and redeem such bonds when they become due. 

I hesitate to withhold my approval of this bill because of the fact 
that the measure was actuated by a desire to give work to returning 
soldiers and sailors. For that reason I have sought to reconcile the con- 
ditions and the law. In furtherance of that idea I have investigated 
somewhat the possibilities of the pending measure giving employment 
to the returned soldiers and sailors. I have been advised by those who 
are in a position to know that by the time the bonds could be issued and 
sold, and matters adjusted so as to begin work, the acute necessity for 
employment for returning soldiers and sailors would probably have 
passed. I am further advised that it is not likely that many stonecutters 
and artisans such as would be employed at this work have gone to the 
army from Montana, or will come to this State after discharge. 

This further fact is self evident. The State Capitol is in good 
shape. It is a comparatively new building and, while the sandstone of 
which the original or main building was constructed does not perfectly 
match the Montana granite of which the new wings are constructed, 



SIXTEENTH ASSEMBLY 101 

nevertheless the building as a v.'hole is sightly, presentable generally, 
and even sometimes called handsome and imposing. There is no ques- 
tion that the refacing ought to be done sometime, but it can very well 
wait until the time when funds are easily and legally available. 

Verly truly yours, 

S. V. STEWART, 

Governor. 



WAR DEFENSE FUND. 

March 15, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

1 am transmitting herewith, without my approval and with my 

objections thereto. House Bill No. 372, being 

"An Act transferring money received from the sale 
of bonds under the authority of Chapter 21 of the Ses- 
sion Laws of the Extraordinary Session of the Fifteenth 
Legislative Assembly from the War Defense Fund to the 
General Fund of the State of Montana and also any 
money to be received as payment for loans made and 
also transferring money received from loans made under 
the authority of said law into the General Fund of the 
State of Montana." 

This bill seeks to transfer money realized from the sale of bonds 
under the authority of Chapter 21 of the Laws of the Extraordinary 
Session of the Fifteenth Legislative Assembly and remaining unused 
and now in the War Defense Fund, and all money to be received by the 
State of Montana in payment of loans made under the authority of said 
law from the Special Fund to the General Fund of the State. 

I inquired of the State Treasurer relative to the status of the funds 
and as to the possibility of making these transfers, and he answered me 
as follows: 

"Referring to House Bill ....o. 372, introduced by 
Committee on Appropriations: This bill provides for the 
transfer of money remaining in my hands, as Treasurer, 
from the sale of bonds in the extent of $500,000.00, to be 
loaned to the farmers of Montana for the purchase of 
seed grain. Also the transferring of all moneys collected 
in the future on these loans to the General Fund of the 
State. 

"For your information v/ould state that there was 
credited to the sinking fund for the redemption of these 
bonds and the payment of interest thereon during 1918 
from the one-eighth mill levy, a total of $56,482.54. The 
interest on these bonds amounts annually to $30,000.00. 
This will leave for the redemption of the bonds alone 
$36,482.54. As you are aware, this issue of bonds was 
for a term of five years. Assuming that this same 
amount of money is collected each year through a tax 
levy, it will result in the five year period in a fund of 
$182',412.70, leaving us short over $300,000.00 of suffi- 
cient funds to redeem the bonds. 

"It is therefore very apparent to me that House Bill 
No. 372 should not be enacted into law\" 



102 SIXTEENTH ASSEMBLY 

It is evident that this bill was enacted under a misapprehension, and 
that it should not become a law. For that reason I am withholding my 
approval of the same. 

Verly truly yours, 

S. V. STEWART, 

Governor. 



DEFUTY COUNTY OFFICERS. 

March 15, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 
objections thereto. Senate Bill No. 41, being 

"An Act Providing for the Appointment of Deputies 
to County Officers and Fixing their Compensation," etc. 

This bill was introduced fairly early in the Session and was passed 
by the Senate. In the House of Representatives the bill found a quiet 
and safe resting place in the Judiciary Committee. It remained with 
this Committee from February 11 until March 6. The understanding 
of everyone was tha,t the bill was as good as dead. However, in the 
last days of the Session there was some agitation and considerable 
apprehension over the fear of increased values as a result of the new 
tax classification law enacted by this Legislative Assembly through the 
medium of House Bill No. 30. A great many members were anxious to 
guard against the possibility of a wholesale raising of the classifica- 
tion of counties with the resultant employment of increased numbers 
of deputies, and higher salaries all along the line. So, on the last day 
of the Session, believing that this bill would offer a panacea, it was 
resurrected and passed by the House and it is now before me for execu- 
tive action. 

I have investigated the whole subject somewhat and am now con- 
vinced that there is no great impending danger from the sources indi- 
cated in the matter of unduly inflated county classifications. Under the 
law the Boards of County Commissioners can only change the classifica- 
tion of counties every two years, and on years ending in even numbers. 
Hence new classifications, even should the assessments warrant them, 
will not be operative for some time. Even should there be an increase 
in the classification of counties, I am still not very fearful about the 
result. The salaries of county officials would be raised somewhat, but 
not unduly, and the number of deputies could be held down within 
reason. 

The most serious objection to this bill lies in the fact that it places 
too much jurisdiction in the Boards of County Commissioners. It, in 
effect, allows the Boards to dictate the number of deputies and the 
deputyships to the various county officers. I am sure that this would 
result in friction. It is not fair to a county official to put him into 
office and make him responsible for the success of the administration 
of his office and deprive him of the right of having adequate help of 
his own selection, and it would certainly be unfair to him to force him 
to take deputies chosen by someone other than himself. It is true that 
the bill provides that the County Commissioners shall not name the 
deputies ordinarily, but shall merely authorize them. The general effect, 
however, is the same. If Commissioners sought to enforce their pref- 



SIXTEENTH ASSEMBLY 103 

erences they could do so by merely indicating to a county official that 
a deputy would be authorized if the right individual were appointed. It 
is only fair to say that the majority of the Boards of County Commis- 
sioners would not do this, but there might be exceptions. 

There is in the bill, however, one provision that specifically admits 
of the Board of County Commissioners making selections of deputies to 
work in county offices. The latter part of Section 2 contains the fol- 
lowing provision: 

"and the board of county commissioners may at any 
time when it deems it necessary so to do appoint one or 
more general deputies and apportion the time of such 
deputies between two or more county offices in such 
manner as the board may deem necessary in order to 
secure prompt and efficient discharge of the duties of 
the office." 

Under this provision the Board of County Commissioners might deny 
authority to county officers to make appointments and, at the same time, 
make appointments themselves of general deputies. The system indi- 
cated, to my mind, is neither fair nor conducive of good results. 

The schedule of salaries does not seem to be very well balanced, 
and this feature in itself constitutes a serious objection. 

Very truly yours, 

S. V. STEV/ART, 

Governor. 



STATE HIGHWAY COMMISSION. 

March 17, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 
objections thereto. Senate Bill No. 169, being 

"An Act Creating a State Highway Commission, De- 
fining its Duties and Powers, Providing Funds to Carry 
out the Purposes of this Act, and Repealing Chapter 170 
of the Session Laws of the Fifteenth Legislative Assem- 
bly of the State of Montana, and Repealing Chapter 78 
of the Session Laws of the Thirteenth Legislative 
Assembly of the State of Montana." 
This bill proposes a new State Highway Commission consisting of a 
State Highway Commissioner and two Assistant Commissioners. The 
Commissioner and Assistant Commissioners who are to fill the first 
terms are named and designated in the bill. If there were no other 
objections to the measure this would, in my opinion, constitute suffi- 
cient reason for withholding my approval. 

I have heretofore, in a veto message sent to the Sixteenth Legisla- 
tive Assembly, relative to House Bill No. 8, presented the question of the 
rights of the executive in the matter of appointments. It is worthy of 
note that the House of Representatives, to whom such message was sent, 
did not pass the measure over the Governor's veto. The bill under con- 
sideration is one of a series of measures introduced during the session 
of the Legislative Assembly just closed, creating offices and carrying 
appointments. My position on this matter has been sufficiently stated, 
and it is not necessary to reiterate it now, further than to say that, in 
my opinion, the Legislature was not designed as an appointive agency. 
The appointive power of the State by right resides in the chief executive. 



104 SIXTEENTH ASSEMBLY 

I shall, however, In order to keep the records straight, call attention 
to some of the differences between the existing law and the proposed 
measure, and to some of the matters leading up to the passage of this 
measure. 

The Thirteenth Legislative Assembly passed the first State High- 
way Commission law enacted in Montana. The Highway Commission so 
created lasted for four years. It did not accomplish much because there 
was no considerable amount of funds available for its use. Two years 
ago, when the Fifteenth Legislative Assembly was in session, much 
complaint was made because of the fact that the old Commission had 
not accomplished more. No account was taken of the fact that the 
Commission could not do a great deal of work with the funds available. 
The PMfteenth Legislative Assembly abolished the old Commission and 
created the present Highway Commission, (Chap. 170, Laws of 1917). 

The existing Highway Commission consists of twelve members from 
twelve distinctly divided districts of the State. Not more than six of 
these members can be of one political faith. When I appointed the 
members I selected twelve of the highest class men in the State, six 
of whom were Republicans and six Democrats. The system was designed 
to prevent quick change in personnel so that plans designed to extend 
over a long period of time, such as permanent road construction and 
other plans, might not be interrupted or overthrown without an oppor- 
tunity to complete them. The present law absolutely prevents the 
department from becoming political. The bill under consideration 
would admit of making the Highvv'ay Commission purely political in 
character if those in authority saw fit to do so. 

The administrative and executive functions of the present Highway 
Commission are performed by an executive committee consisting of 
three members selected by the Commission from its own membership. 
Members of the executive committee receive a per diem of $8.00 whereas 
Senate Bill No. 169 proposes a per diem of $10.00 for Assistant State 
Highway Commissioners. 

Under the provisions of Acts of Congress there is available to the 
State of Montana for expenditure, prior to June, 1922, under the super- 
vision of the State Highway Commission, Federal moneys in the amount 
of $5,490,000.00. Senate Bill No. 169 proposes to leave to the discretion 
and pleasure of the Highway Commissioner and Assistant Commissioners 
the decision as to whether Montana will avail itself of this aid or not. 
The bill is so worded as to permit, from time to time, a change of 
policy in this respect, a condition detrimental and undesirable to the 
interest of the State and Counties. Chapter 170, Laws of 1917, makes 
it mandatory on the part of the present Commission to secure for Mon- 
tana the full benefits of such aid and leaves no room for doubt or 
confusion. 

Other duties prescribed in Senate Bill No. 169 for the State High- 
way Commission are practically similar to those provided for in Chap- 
ter 170, Laws of 1917, and present no reason for a reorganization of the 
present Commission, 

Two years of experience with the present Highw^ay Commission indi- 
cates conclusively that it is flexible enough to meet all conditions, 
thoroughly representative of the entire State and distinctly non-political. 

Its operations for the past two years have included the following 
general branches: 

(1) Securing for the State the benefit of Federal Aid. 

(2) Bridge Design and Supervision of Construction for 

Counties. 



SIXTEENTH ASSEMBLY 105 

(3) Consulting and Advisory Service to Counties in 

relation to highway and bridge construction and 
maintenance. 

(4) State Aid Construction and Improvement of High- 

ways. 

1. FEDERAL AID. Under the provisions of the Federal Aid Road 
Act and a recent Act of Congress extending such aid, Montana is allotted 
$5,490,000.00 for improvement and construction of highways. This money 
is available for co-operative expenditure under the supervision of the 
State Highway Commission and must be supplemented with a like 
amount by the State or counties. War conditions and the disposition of 
the Government Departments materially restricted the possibilities of con- 
struction, and the Highway Commission consequently confined itself to 
arranging for as much construction as possible to commence immedi- 
ately when conditions would permit. The method of acquiring Federal 
moneys is prescribed by the Government and standards for the making 
of surveys, preparations of plans, etc., are laid down. Deviation from 
such methods or standards is not possible. During the past two years 
the Highway Commission has accomplished the following results in 
this branch of its work: 

Applications for eighty Federal Aid projects have 
been received from Counties, covering 741 miles of con- 
struction. 

Reconnaissance of fifty-four projects have been 
made. This reconnaissance covers 556 miles of con- 
struction at an estimated cost of $1,188,657.00. 

Surveys, maps, plans and estimates according to 
Government requirements have been made of thirty proj- 
ects covering 210 miles of highways and bridges. 

The Commission now has plans completed for 
$1,100,000.00 worth of Federal Aid construction. This 
work will be contracted and construction begun early 
in the spring of 1919. 

2. BRIDGE DESIGNS AND SUPERVISION OF CONSTRUCTION. 

Plans for various counties, involving a total construction cost estimated 
at $842, 6.35. Ov") have been designed for thirty-nine bridges. 

Construction of nine of these bridges has been supervised by and at 
the expense of the Commission. 

Construction on twenty of the bridges for which designs were pre- 
pared was deferred owing to war conditions. 

In addition to the above, standard plans for smaller timber, steel 
and concrete bridges have been prepared and made available to the 
counties. 

3. CONSULTING AND ADVISORY SERVICE TO COUNTIES. 
This branch of the Commission's operations includes such work as the 
supervision of county road construction, road location, the solution of 
construction and maintenance problems, bridge protection and mainten- 
ance, and, in general, a co-operative service looking to the standardiza- 
tion and improvement of construction and maintenance methods. 

4. STATE AID CONSTRUCTION AND IMPROVEMENT. On 
November 30, 1918, the Commission had expended in the construction and 
improvement of State highways the sum of $36,880,00. Under the agree- 
ment with counties in which such work was being performed the Com- 
mission had reimbursements coming from counties amounting to 
$12,444.81. 



106 SIXTEENTH ASSEMBLY 

The operations included the following: 

Reconstruction of State Highways 

Deer Lodge County 14 miles 

Powell County 45 miles 

Granite County : 4 miles 

Lincoln County ....- 4 miles 



67 miles 



Construction of State Highways 

Flathead County 3 miles 

Blaine County 11 miles 

Valley County 1.5 miles 

In addition, surveys of the Baker-Ekalaka Road in Fallon and Carter 
Counties and the Yellowstone Trail in Custer County were made in 
anticipation of 1919 construction on State aid projects. 

During the session of the Sixteenth Legislative Assembly a general 
investigating committee was appointed to make investigation of and 
report upon all of the various departments of State. A report was 
made upon the Highway Commission. The report was drastic in its 
condemnation of the Commission. I am inclined to think that the re- 
port had a good deal to do with the passage of the pending measure. I 
have gone into that report somewhat carefully and am convinced that 
in the rush of other Legislative duties the members of the investigating 
committee were led afield by superficial investigations and unwarranted 
reports and statements. Very little information was asked for or secured 
from the records of the Highway department. For instance: the report 
condemning the Highway Commission on account of the expenses inci- 
dent to the preparation for the utilization of Federal Aid entirely over- 
looked the fact that the securing of Federal Aid is made a specific duty 
of the Commission by the existing law. In fact, I may say with perfect 
propriety that but for this provision in the existing law it would per- 
haps have failed of passage two years ago. The Fifteenth Legislative 
Assembly seemed more anxious to provide for a proper acceptance of the 
Federal Aid than about any other provision of the law. 

It is not necessary for me to go into the report of the investigating 
committee at length. It is sufficient to say that th^re was no charge of 
dishonesty or criminal misuse of funds. The only question brought into 
the issue by the investigation and report was the question of efficiency 
and the advisability of abolishing the present Commission and estab- 
lishing another one in lieu thereof. Everyone agrees that there should 
be a State Highway Commission. I am convinced that there is nothing 
to be gained by constant change. Two years ago the Legislature 
abolished the old Commission because it had not done enough, and 
now this Legislature seeks to abolish the present Commission because 
it has been too ambitious in its plans for road building. Every success- 
ful business man knows, or ought to know, that if we are to spend five 
and one-half million dollars on the roads in the next three years the 
Commission, or official body through whom the expenditures are to be 
made, ought to have some definite, well considered and carefully worked 
out plan of procedure. 

Road work cannot be done by guess and under haphazard methods 
In the old days the roads were built along trails made by wild animals 
through the mountain passes. The belief was that the animals followed 
the course of least resistance. That plan was all right when we had 
no better facilities for working out definite specifications. There is no 
reason why Montana should follow antiquated, old fashioned and waste- 
ful methods. The present Highway Commission has sought to make ade- 
quate plans for the careful, economical and expeditious, as well as the 
efficient, expenditure of the moneys and funds now available and to 



SIXTEENTH ASSEMBLY 107 

become available. To change the Commission and start over again 
would necessarily involve the State in loss and might imperil the suc- 
cess of the road building operations now in contemplation. 

I am not willing to become a party to changing horses in the middle 
of the stream, and I therefore do most emphatically refuse my approval 
of Senate Bill No. 169. 

Verly truly yours, 

S. V. STEWART, 

Governor. 



INHEKITAACE TAX. 

March 17, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 
objections thereto, House Bill No. 316, being 

"An Act to establish a tax and gifts, legacies, in- 
heritances, bequests, devises, successions, and transfers, 
to provide for its collection and to direct the disposition 
of its proceeds; to provide for the enforcement of liens 
created by this Act and for suits to quiet title against 
claims of liens arising hereunder, and repealing all Acts 
in conflict with this Act." 

This is an Inheritance Tax Act and offers an entire substitution 
for the laws of Montana on the subject of inheritance taxes. 

It is well known to all, and especially to the legal fraternity and 
the courts of Montana, that our Inheritance Tax Law is not at all satis- 
factory or easily workable. The plan offered by the pending bill appeals 
to me as one that is simpler and more effective in its operation. The 
only trouble about it is that, in my opinion, under the schedule of 
taxes imposed the State is likely to lose heavily in revenues in the next 
two years. Of course, there is a possibility that the pending bill might 
yield more than the old law, but that possibility is based upon the 
chance that a very few rich estates might pass under the administration 
rather than a large number of moderate-sized inheritances. 

I was struck by the probability that State revenues would be de- 
creased by this bill immediately upon a careful reading of it, whereupon 
I referred the measure to the Department of the Attorney General for 
investigation and comparison. Attorney General Ford and Assistant 
Attorney General Frank Woody made most thorough, painstaking and 
careful examination of the Wisconsin and California laws, of our own 
statutes, and of the general principles involved in the whole subject. 
The Attorney General directed two communications to me upon the sub- 
ject. Taken as a whole, the communications present such comprehensive 
and convincing conclusions that I am attaching these letters hereto and 
causing them to be made part and parcel of this message. 

It is to be regretted that circumstances seem to demand the veto 
of this bill. Two years ago Representative Higgins introduced and 
secured the passage through the Fifteenth Legislative Assembly of a 
measure along the same lines. At that time, however, an error was 
made in the enrollment and one of the important provisions was omitted 
from the completed bill. I was forced, as a result, to veto the measure; 
and this time, in the light of the fact that two Legislative bodies have 



108 SIXTEENTH ASSEMBLY 

declared for a change in the inheritance Tax Laws, I should be glad to 
approve the measure but for the danger that by so doing the State 
would in all probability be deprived of a very considerable amount of 
revenue at a time when every dollar is urgently required. 

Very truly yours, 

S. V. STEWART, 

Governor, 



APPROPRIATION BILLS 

March 17, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

The foregoing Bill (House Bill No. 437) is approved in its every 
particular and all of its items, save and except as follows, to-wit: 

The item found on page 2 of said Bill under the head "Maintenance 
and Betterment of State University" and being as follows: "Athletics, 
Five Thousand Dollars, $5,000.00"; 

Also on same page under the heading "Maintenance and Betterment 
State Agricultural College", the item designated "Athletics, Five Thou- 
sand Dollars, $5,000.00"; 

Also on page 6 of this Bill under the head "Maintenance and Bet- 
terment State University" the item designated "Athletics, Five Thousand 
Dollars, $5,000.00"; 

Also on page 6 of this Bill under the heading "Maintenance and 
Betterment Agricultural College" the item designated "Athletics, Five 
Thousand Dollars. $5,000.00". 

It being the intention to veto only the four items mentioned, aggre- 
gating $20,000.00, and for the reason that, in my opinion, the Athletic 
Department of the two institutions may be maintained quite successfully 
from other sources and without special appropriation therefor. 

Very truly yours, 

S. V. STEWART, 

Governor. 



RETOUCHIING SENATE PAINTING, 

March 18, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 
objections thereto, House Bill No. 285, being 

"An Act appropriating money for the purpose of 
paying E. S. Paxson for repairing and repainting the 
painting in the rear of the Senate Chamber." 

This bill merely appropriates the sum of $350.00 to pay one E. S. 
Paxson for repairing a painting in the rear of the Senate Chamber, the 
painting commonly known as "Custer's Last Stand". The bill recites 
that the appropriation is made pursuant to a contract made and entered 
into by and between the Sergeant at Arms of the Senate of the Fifteenth 



SIXTEENTH ASSEMBLY 109 

Legislative Assembly of the State of Montana and the said E. S. Paxson 
and an order duly made by the State Senate on the twelfth day of 
February, 1917. 

As a matter of fact, the work was not done by Mr. Paxson, and I 
am advised by the Custodian of the Capitol that the work was done by 
another artist and has been paid for, and that the bill was erroneously 
introduced and passed under a misapprehension. For that reason I 
am withholding my approval of the same. 

Very truly yours, 

S. V. STEWART, 

Governor. 



IXTOXICATIXG LIQUORS. 

March 21, 1919. 
Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 
objections thereto, Senate Bill No. 91, entitled: 

"An Act to Amend Sections 2, 7, 8, 9, 14, 36 and 38 
of Chapter 143, Acts of the Fifteenth Legislative Assem- 
bly of the State of Montana, relating to Intoxicating 
Liquors." 

This bill was introduced by Senator Lewis and, in its original form, 
was intended to be in aid of the prohibition law adopted by the people 
in 1916, and of the enforcement act passed by the Fifteenth Legislative 
Assembly. The bill, however, was amended during its passage through 
the Legislative bodies until its author would hardly recognize it. By 
no stretch of the imagination can the proposed measure now be called 
a prohibition bill. On the contrary, I am inclined to think that it 
might well be designated a repeal of the prohibition laws of the State 
of Montana. 

The Fourteenth Legislative Assembly enacted a measure submitting 
the prohibition issue to the people of this State. It is Chapter 39 of 
the Laws of Montana, Fourteenth Session, 1915. The exact words of 
Section 1 are as follows: 

"Every person who sells, exchanges, gives, barters or 
disposes of any ardent spirits, or any compound thereof 
capable of use as a beverage, or any ale, beer, wine, or 
intoxicating liquors of any kind to any person or persons 
or association or corporation in the State of Montana, or 
who manufactures, or introduces into, or attempts to 
introduce into the State of Montana any ardent spirits, 
or any compound thereof capable of use as a beverage, 
or any ale, beer, wine, or intoxicating liquors of any 
kind, shall be guilty of a misdemeanor." 

(An exception is included in the law covering denatured alcohol, 
wine intended for sacramental purposes, and alcohol iutended for scien- 
tific or manufacturing purposes.) 

The Supreme Court of this State, in the case of the State vs. the 
Centennial Brewing Company, recently decided, said: 

"The act adopted by the people in November, 1916, 
is not in any sense a statute regulating the liquor 
traffic. Its avowed purpose is to outlaw a business 



110 SIXTEENTH ASSEMBLY 

theretofore regulated by license legislation. * * * 
The statute was clearly designed as one of suppression 
and not of supervision." 

As matters stand today, therefore, we have a real prohibition law, 
first submitted by the Legislative Assembly of the State or Montana to 
the people of this State, and by them in turn approved at the polls; 
and, lastly, construed by the highest Court in the State, and therefore 
standing upon the statute books absolutely impregnable to assault from 
any direction other than by amendment by the Legislature or the people 
themselves. 

Senate Bill No. 91, now under consideration, as it was presented 
to me for executive action, contains the following language: 

"Provided, that it shall be lawful to manufacture, sell 
and dispose of beer containing not more than one-half 
of one percent of alcohol, measured by volume, or fer- 
mented or malt liquors or imitations thereof containing 
not more than one-half of one percent of alcohol, meas- 
ured by volume; and provided further that nothing con- 
tained in this Act nor in any other law of this State 
shall be construed as to prohibit the same." 

If the language just quoted does not constitute a repeal of the 
prohibition law of the State of Montana, then I do not understand the 
English language. Mr. Justice Holloway, speaking for the Supreme 
Court of the State of Montana in the Centennial Brewing Company case, 
makes it clear that the law adopted by the people in 1916 prohibits the 
use in the manner indicated in the law of the liquors enumerated therein, 
among which are malt liquors, one of which is beer. All these liquors 
are declared to be intoxicating within the meaning of the law and, to 
quote the language of the Court: 

"and that too without reference to the amount of alcohol 
contained in them." 

Senate Bill No. 91 would make it legal in the State of Montana to 
manufacture and sell beer, fermented and malt liquors or imitations 
thereof, containing not more than one-half of one percent of alcohol, 
measured by volume. If this bill should become a law we would find 
ourselves in a position where we would have to do just what the 
Supreme Court said we would not have to do under the law adopted by 
the people. We would find ourselves supervising the liquor traffic 
rather than prohibiting it. The question would then be noi a matter 
of the prevention of the manufacture and disposal of liquors, but rathet 
a matter of seeing to it that the various liquors manufactured and dis- 
posed of should conform to the standard established by the law, to-wit: 
that they should not contain more than one-half of one percent of alcohol 
measured by volume. 

I am not willing to become a party to the repeal of the prohibitory 
laws under such circumstances. The people adopted prohibition, and if 
it is to be repealed they are the ones to do it. It should not be done by 
the Legislature or by any other representative body of people not selected 
for the specific purpose. I am convinced that the people of this State 
do not want "booze" in any form. It may be said that the various 
liquors containing not over one-half of one percent of alcohol could 
not fairly be termed "booze". They may not be "big booze", but the 
best one can say for them is that they would be the Little Brothers 
to the Big Booze, and we all know from experience that little boys grow 
into big men. Some manufacturers, by careful concealment and other 
artifices, might cause the alcohol content standardized by the statute at 
not more than one-half of one percent to surreptitiously grow to a larger 
maturity, wherein other percentages might be sold, given away, and 
perhaps drunk without knowledge of the fact that they contained unlaw- 
ful proportions in the matter of the alcohol content. 



SIXTEENTH ASSEMBLY 111 

There are other objections to the measure, some of them constitu- 
tional and some of them having to do with the matter of letting down 
the bars in so far as the enforcement of prohibition in this State is 
concerned. It is not really necessary to discuss these subjects because, 
in my opinion, the first objection urged is adequate and sufficient to 
justify my refusal to sign the bill and give my approval thereto. 

Very truly yours, 

S. V. STEWART, 

GovA**Qor 



PROHIBITION ENTITLED TO TRIAL. 

March 21, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 
objections thereto. House Bill No. 430, being 

"An Act to Authorize the Manufacture and Sale of 
Fermented and Malt Liquors in the State of Montana." 

The reasons assigned in my veto of Senate Bill No. 91, this day 
transmitted to you, consitute sufficient cause to withhold my approval 
from this bill. I based my veto of Senate Bill No. 91 upon the proposi- 
tion that, in my opinion, the bill contained provisions in effect repeal- 
ing the present prohibitory laws of the State of Montana. There were 
other serious objections to Senate Bill No. 91, none of which appear in 
House Bill No. 430. The measure under consideration is very brief and 
urges only one point, that is, "that it is lawful to manufacture, sell and 
dispose of fermented or malt liquors, or any compound or preparation, 
containing not more than five-tenths of one percent of alcohol measured 
by volume, or to use the same as a beverage". The question is therefore 
presented in House Bill No. 430 in a clear, concise and distinctive man- 
ner. There is no camouflage behind any other provisions. 

I am still of the opinion that after all other provisions are eliminated 
from Senate Bill No. 91, that the one dominant objection lies in the 
very identical thing duplicated in House Bill No. 430, and that is that 
the system is sought to be changed. The approval of either one of these 
measures would establish regulation instead of prohibition. I cannot 
see the proposition in any other light than that the provisions contained 
in both bills seek to amend, and would amend, the prohibition law- 
submitted to and adopted by the people, and that without consulting 
them on the subject. 

It has been urged that the laboring people of the State require a 
beverage such as is defined in these bills. However, on the other 
hand, it has been urged that the beverage is as "harmless as water". 
Both of these contentions cannot be true. If the beverage is as innocu- 
ous as some claim, it will not afford the relief which its proponents 
claim it will bring to the people of this State. In my opinion, the 
beverage is not a particularly harmful one, but I am also convinced 
that if the breweries and other manufacturing plants of this State 
confine their products within the limits prescribed by the law the 
manufacture of such a beverage will neither be profitable nor slake 
the thirst of those who desire something stronger than a drink "as 
harmless as water". 

The people of this State have adopted prohibition. Any subterfuge 
or shield behind which those who are opposed to the enforcement of 
the law may hide will only serve to retard and confuse a realization 



112 SIXTEENTH ASSEMBLY 

of the consummation sought by the people at the polls. Sooner or later 
we must give the law adopted by the people a trial. We might just as 
well do it now as at any other time. I regret exceedingly that some 
citizens of this State will have inflicted upon them serious monetary 
loss by reason of the failure of this measure to become a law. How- 
ever, it is not possible to accomplish any serious and substantial re- 
forms without either a real or apparent injury to someone. In this 
case, however, I am convinced that the long waiting period contained 
in the Montana law gave everyone an opportunity to get out of the 
business with the least possible financial loss. There can be no excuse 
now for a modification of the prohibition law in order to afford a 
further opportunity to the manufacturers and dealers to conform to the 
inevitable. 

Under all of the conditions and circumstances I see no other sensible 
or reasonable solution of the problem at hand. The law has been 
adopted by the people, it has been construed by the Supreme Court, and 
it has had but a short trial. It is entitled to a longer test, and cer- 
tainly the people are entitled to be consulted specifically upon the 
subject before a change is made. 

Very truly yours, 

S. V. STEWART. 

Governor. 



NORMAL SCHOOL BILLS. 

March 21, 1919. 

Hon. C. T. Stewart, 
Secretary of State, 
Helena, Montana. 

Dear Sir: 

I am transmitting herewith, without my approval and with my 
objections thereto, the following bills: 

House Bill No. 15, entitled "An Act establishing the 
Eastern Montana State Norm.al School, defining the 
objects of its establishment, providing for the control, 
supervision and management thereof, and making the 
same a part of the University of Montana, and making 
an appropriation for the construction of the necessary 
buildings and for the support and maintenance thereof"; 

House Bill No. 88, entitled "An Act to establish the 
Central Montana State Normal School, defining the 
objects, purposes and establishment, and providing for 
the control, supervision and management thereof; and 
making the same a part of the University of Montana, 
and making an appropriation for the purchase of the 
necessary site and for the construction of the necessary 
buildings therefor; and for the support and mainten- 
ance thereof"; 

House Bill No. 429, entitled "An Act to establish a 
State Normal School at Billings, Montana, to make the 
same a part of the University of Montana, and providing 
for its regulation, location and control; making appro- 
priation for its construction, equipment and main- 
tenance" ; 

Senate Bill No. 18, entitled "An Act establishing the 
Northern Montana State Normal School, defining the 
objects of its establishment, providing for the control, 
supervision and management thereof, and making the 



SIXTEENTH ASSEMBLY 113 

same a part of the University of Montana, and making 
an appropriation for the construction of the necessary 
buildings and for the support and maintenance thereof"; 

Senate Bill No, 21, entitled "An Act establishing, 
locating and naming a State Normal School, and pro- 
viding for its regulation and control; making appro- 
priation for its maintenance; and amending Subsection 
1, of Section 106; and Subsection 2, Subdivision (b) 1, 
of Section 108; and Section 908 of Chapter 76 of the 
Laws of the Thirteenth Session of Montana." 

Each of these five bills seeks the establishment of a State Normal 
School at some town or city in the State of Montana. The question 
whether this State should have more Normal Schools for the training 
of teachers is, of course, a debatable one. Some very well informed 
citizens maintain that there should be one or more additional schools. 
Others, who are equally well informed along educational lines, and who 
are equally familiar with the situation in Montana, insist that there is 
no present necessity for more Normal Schools. It is not necessary for 
me to go into this question at great length. I may. however, at the 
very outset make the positive statement that, in my opinion, the State 
of Montana does not at this time, and will not for a great many years, 
require as many as six Normal Schools; that is, five in addition to the 
one already in existence. 

Prom information that came to me from time to time during the 
progress of the Legislative Session, I am convinced that a very large 
majority of the members of both Houses entertained with me the belief 
just announced. Had it not been for the fact that a part of the member- 
ship believed that it would be impossible to get as many as five Normal 
bills by the executive office, a good many members would have refused 
to support any of the bills. Had it not been for the further fact that 
some of the members believed that all of the bills would be vetoed, 
another important deduction from the votes in favor of the bills would 
have obtained. And had it not been for the fact that the Normal bills 
afforded an easy and convenient means of Legislative co-operation 
between members there would have been a still further reduction from 
the ranks of those who cast their votes for one or more of these 
measures. 

The State Board of Education consists of eleven members. It is 
a Constitutional body. The members are fairly well informed as to the 
needs of the State and the ability to satisfy these needs. That Board 
held a meeting early in January of this year, after the Legislature had 
convened. At the time of the meeting there was considerable talk 
about the establishment of Normal Schools. There was adopted by the 
State Board of Education, at the meeting mentioned, a resolution in 
the following terms, to-wit: 

"WHEREAS, a rigid and searching examination 
having been made of the finances coming withiii the 
influences of the State Board of Education discloses the 
fact that the utmost economy must be adhered to if 
Montana institutions are to be maintained at their pres- 
ent high state of efficiency and to allow only for a 
limited expansion of them as now constituted, and 

"WHEREAS, there have come before the Board 
numerous requests askjng its endorsement for the estab- 
lishment of other educational institutions in several sec- 
tions of the State, THEREFORE 

"BE IT RESOLVED, That while the Board appre- 
ciates in the fullest sense the great importance of the 
requests made for its endorsement of the several propo- 
sitions, for the reasons given, the State Board of Edu- 



114 SIXTEENTH ASSEMBLY 

cation cannot, consistent with its duty to the estab- 
lished institutions, recommend at this time the estab- 
lishment of any other similar institutions in Montana." 

I am convinced that the State Board of Education was largely 
impelled in the adoption of the resolution by knowledge of the fact that 
the financial resources of the State would be taxed to the utmost during 
the next two years, and that the establishment of new institutions at 
this time might impair the usefulness and detract from the efficiency 
of the whole system of higher education in Montana. There was a 
further fact known to the members of the Board that may have had 
weight in the premises. The State Normal School located at Dillon is 
not now operated at its full capacity. It may be that sickness, the 
prevalence of epidemics, the result of war conditions and other tem- 
porary causes have affected the enrollment. However that may be, the 
fact remains that there are now about one hundred twenty-five students 
at the institution, while the dormitory capacity is adequate for two 
hundred and the teaching capacity sufficient to care for the educational 
needs of three hundred fifty students. No one can tell how soon the 
causes that have brought about this condition will be removed. It is 
not likely that there v/ill be a very decided change in this particular 
during the present academic year. 

It has been suggested that it might be well to approve all of the 
bills and permit the five schools to be temporarily established, with 
the understanding that at the end of two years the number might be 
reduced. This would be manifestly unfair to the people of the affected 
communities, and it would likewise be unfair to the State of Montana. 
The appropriations for the five proposed Normal Schools aggregate 
$155,000.00 for the next two years. It should not be forgotten that 
expenditures increase very rapidly as the institutions grow. I have 
taken occasion to look back over the records of the appropriations In 
recent years. It will be observed that the Legislative Assemoly at tne 
session in 1909 appropriated the following sums for the use of the dif- 
ferent institutions: University of Montana, $67,500.00; Agricultural 
College and Experiment Station, $51,000.00; State Normal School, $35,- 
000.00. The Legislative Assembly just closed appropriated for the cur- 
rent year the following sums: University of Montana $300,000.00; Agri- 
cultural College and Experiment Station, $267,000.00; State Normal 
School, $85,000.00. These increases are very marked and indicate a 
rapid but, I maintain, a very healthful growth of the institutions. It 
should not be forgotten, either, that in 1909 the institutions were some 
years beyond the period of establishment and that this growth has 
occurred at a time when the initial investment had long since been 
made. Those who are familiar with the educational institutions of this 
State realize that there is yet grave necessity for buildings and other 
accommodations. I cite all of this merely to show that the compara- 
tively modest appropriations made in these bills can only be taken as 
a sort of small sample of what will be required later on. 

A few years ago the State Board of Education realized the fact that 
distances were long in Montana and that students might not be able lo 
pay railroad expenses clear across the State, and recommended an appro- 
priation with which to defray traveling expenses of students lo State 
institutions. Two years ago the Legislative Assembly made an appro- 
priation of $10,000.00 and the money was used for the purpose indicated. 
This year the Legislative Assembly made an appropriation of $12,000.00 
for that purpose. Under the present plan all over $5.00 paid in railroad 
fares in going to or coming from State educational institutions, includ- 
ing the State Normal, is refunded to the student, so that in reality the 
institutions are brought as close to the student as possible. 

Prom various items of informat'on tJ\at came to me during the 
session of the Legislature and since that time, I am led to believe that 
a considerable number of the members of the Assembly expected the 
Governor to veto some of the Normal School bills and leave one or two 



SIXTEENTH ASSEMBLY 11.^ 

institutions to be established. Assuming, for the sake of argument, thai 
there is need for one or two, or any other number less than five, new 
Normal Schools, I feel that it is not my duty or my province to step in 
and from the list of available candidates select the places of location 
for the proposed institutions. I do not feel that I have the peculiar 
qualifications necessary to enable me to make a fair or an intelligent 
selection under the circumstances. Each of the communities mentioned 
in the bills has very distinctive and substantial advantages as a place 
of location for a State Normal School. In fact each town, in the view 
of those who have presented its claims, is so admirably adapted for the 
purpose that I am sure it was inconvenient, not to say puzzling, for 
the members of the Legislative Assembly to make a selection of any one, 
two, three, or four from the list of eligible places. I know that I have 
found such a decision most difficult. Nor have the Governor and the 
members of the Legislative Assembly stood alone in this particular. I 
had resort to the Bulletin of the Department of the Interior, Bureau 
of Education, entitled "Problems Involved in Standardizing State Normal 
Schools". Chapter 3 of that publication is entitled: "Purpose, Number 
and Geographical Distribution of Service of State Normal School". I 
found some very useful information and some very wise suggestions, 
but it was not possible for me to apply all of the information in the 
cases under consideration. To my mind there ought to be some expert 
investigation and careful consideration before such a selection is made. 

I now come to the final and most pertinent reason for my action on 
these bills. The Legislative Assembly just closed enacted Senate Bill 
No. 117, entitled "An Act Creating the State Efficiency and Trade Com- 
mission, and prescribing and defining its powers and duties". That bill 
was introduced by the three Senate members of the joint investigating 
committee, and it recites the duties, powers and authority of the investi- 
gating Commission. Among other duties imposed upon the Commission 
there is the following specific requirement: 

"The said Efficiency and Trade Commission shall 
investigate, or cause to be investigated, the financial and 
business policies of the State, its various officers, 
bureaus, boards, departments * * * ^|^g University of 
Montana, and all its departments, and every and all 
institutions of every kind and character which are or 
may be supported, in whole or in part, by State funds. 
And shall institute, or cause to be instituted, such in- 
vestigations as it may deem best for the purpose of dis- 
covering abuses, inefficiency, undue and unnecessary 
expenditures of money, and devising ways and means for 
correcting the same, and for providing for the most 
economical administration of all State departm.ents and 
institutions, consistent with the public welfare." 

Senate Bill No. 117 also provides that the Commission shall 

"specifically point out wherein the administration of 
the finances of the State, or wherein the policies of the 
State in the administration of State affairs, or the policy 
of any of the said State Boards or its officers, or of said 
State institutions, or their officers, are deficient, in- 
efficient, extravagant or corrupt, and shall make specific 
recommendation as to how the State government and the 
expenditures of the State in connection therewirn, or in 
connection with any of the State institutions herein- 
before mentioned may be more economically admin- 
istered." 

Under the provisions of this bill, now a law, it seems to me that a 
scientific method of ascertaining the needs of the State in the matter 
of State Normal Schools and the best method of expending the amount 
of the State's revenues available for such purposes is ready at hand. 



116 SIXTEENTH ASSEMBLY 

The bill carried the appointment of the Commissioners. In the appoint- 
ment of these very capable and competent men I was glad to acquiesce, 
because of the fact that the positions to which they were appointed by 
the Legislature are not offices, but merely investigating commissioner- 
ships. The incumbents are vested with power to make investigations and 
recommendations to the Legislative Assembly, either the body that 
created them or some succeeding Assembly. I have every confidence in 
the men of this Commission. I have studied Senate Bill No. 117 and 
I know that full power and authority is given the Commission to 
investigate the matter of locating and establishing more State Normals. 
These men v/ill have plenty of time and much opportunity to act intel- 
ligently and after due deliberation. 

Under all of the circumstances, and especially in the light of the 
status of the State Efficiency Commission, clothed with its broad powers, 
I feel that good judgment, common sense and business instinct dictate 
that the matter of establishing State Normal Schools be passed for the 
time being and submitted to the Efficiency Commission. 

Very truly yours, 

S. V. STEWART, 

Governor. 



SIXTEENTH ASSEMBLY 

(EXTRAORDINARY SESSION) 

1919 



MESSAGE. 

Ladies and Gentlemen of the Sixteenth Legislative Assembly in Extraor- 
dinary Session Assembled: 

For several years the State of Montana, through its officials and 
citizens has offered inducements to people looking for homes. Our 
public lands have been rapidly settled, and agriculture and kindred 
occupations have grown and developed beyond the expectations of the 
most sanguine. From a population of 376,053 in 1910 to a total of more 
than 750,000 people in 1919 the State has grown with surprising rapidity 
and most wholesome ease. It had come to be believed that Montana 
would not have to pass through the ordeals and experiences characteristic 
of other farming communities to the east of us. We had forgotten that 
drouths, crop failures and like privations were incident to the growth 
and development of the now recognized substantial farming regions of 
the great Middle West. For several seasons during the time of the great- 
est influx of population. Nature smiled upon us and copious and fructi- 
fying rains fell throughout the length and breadth of the State at critical 
and necessary times. 

In 1917, however, there came a change. A large part of the State 
experienced at least a partial and certainly a serious crop shortage. In 
1918 a similar but somewhat more extensive condition existed. In the 
fall of 1918 fall crops of unprecedented proportions and area were planted. 
The people had been encouraged to bend every effort toward the pro- 
duction of foodstuffs and the promised high prices gave strength and 
potency to the encouragement extended from State and Federal agencies. 
The winter of 1918-1919 was peculiar in that a minimum of precipita- 
tion fell in this State. No spring rains came, and as a result the fall 
crops were greatly injured and many spring crops never started. 

Of course there are some crops in the State of Montana and a few 
good ones, but generally speaking the situation is far from normal and 
certainly such as to cause serious contemplation on the part of our 
citizens. Continued drouth throughout the growing months of this year 
has left vast areas wholly without grain crops and with greatly reduced 
forage and pasture products. So great and so critical did the situation 
become that everywhere the citizens were gathered together to take 
counsel one with another in order that relief and proper aid might be 
extended to those who were so unfortunate as to be left without means 
of meeting the serious contingencies presented by drouth and crop 
failure. 

Legislation for Emergency. 

I considered the matter most thoughtfully and carefully before resort- 
ing to the serious expedient of convening this Assembly in extraordinary 
session. It is known by all of you that the State of Montana has no 
money to waste upon extraordinary sessions. Adequate and sufficient 
legislation in ordinary times may be enacted in the regular sixty-day 
session held biennially under the provisions of the Constitution and laws 

of the State. However, the Constitution contemplates that emergencies 
and extraordinary contingencies should and do justify a special session 
of the Assembly. You are called together for the primary purpose of 
considering the drouth and crop failures and their resultant effect upon 
the people of the State of Montana, in the expectation that you will do 
everything legally within your power to relieve that situation and 
ameliorate the condition of those so injuriously affected. It is not 
expected that the State can take over the support and maintenance of 
individuals and families or that financial backing on the part of the 
State can be given to business enterprises, however meritorious and 
deserving. 

It must not be understood that the State of Montana is or that the 
people of the State are as a whole in destitute circumstances. There 
are comparatively few in absolute need of assistance when you come to 
compare those so situated with the total population. Most of our citizens 



120 SIXTEENTH ASSEMBLY (EXTRA) 

may be relieved by ordinary business methods. There are some, however, 
and enough to elicit our interest and demand instant action, who must 
have relief of a character that cannot be afforded in the ordinary course 
of business, even under the most wise and beneficient laws possible of 
passage through the Assembly. 

I am one who believes firmly that Montana can and will take care 
of herself if the interest of her citizens is properly aroused and if a 
suitable plan is suggested and put into effect. 

State Relief Commission. 

During the war our State responded nobly to every call for assist- 
ance. We put on drives for the Red Cross, Y. M. C. A., Knights of 
Columbus, Salvation Arrmy, Armenian Relief, Jewish Relief, and many 
kindred objects. In conducting these drives most efficient and effective 
statewide organizations were developed. These organizations, while 
dormant now, are lying ready at hand. It has been suggested that a 
drive might be inaugurated and sufficient funds raised within the State 
of Montana to relieve the victims of the drouth. Some people believe 
that only money from the public funds should be used for such purposes. 
The Government of the United States, and, in fact, all of the govern- 
ments engaged in the war, deemed it wise to handle personal aid and 
relief work separate and apart from the activities carried on with the 
funds taken from the treasuries of the various governments. The United 
States could have taken public money and could have devoted it to the 
work that was done by the Red Cross, but it was deemed better and 
wiser to raise the money as suggested than to take it from any public 
funds. In any event, the money comes from the people and it is my 
opinion that a most successful drive may be inaugurated and that all of 
the various campaign committees utilized by the organizations already 
named may be called into operation most expeditiously and effectively. 

If that is done some suitable means should be provided for a proper 
distribution. The State Council of Defense, together with the County 
Councils of Defense, operated most successfully during the war. The 
State Council of Defense was a war-time organization. A peace-time 
organization might be brought into being by Legislative enactment to 
meet problems of welfare such as the one now presented. I would 
suggest the advisability of creating a State Relief Commission with inci- 
dent County Relief Commissions along the lines of the State Council and 
County Councils of Defense. The Commission need not have all of the 
powers and functions of the Council of Defense. It need have no police 
authority and it should have broader authority in some other necessary 
lines. If we can raise the money necessary for relief work through the 
various agencies that so successfully conducted the drives during the 
war and if we can then legally constitute some sort of a relief organiza- 
tion along the lines of the Council of Defense, we will have something 
definite and tangible. 

It is my firm opinion that even though State and County funds were 
available, a fairer and better plan is contemplated in the above sugges- 
tion than that of taking public funds. It should not be forgotten, how- 
ever, in the consideration of this important matter that public funds are 
not in every case available. Many of the counties have reached their 
limit of indebtedness and their funds are exhausted. The State cannot 
under our Constitution engage in charity or back business enterprises. 
A reasonable appropriation may, in my opinion, be legally made for 
administrative purposes without violation of constitutional provisions. 

It should not be forgotten that this year there will be a long delin- 
quent tax list in a great many of the counties. The income of the State 
and of the counties will be seriously reduced. This phase alone ought 
to give force and potency to the suggested plan. 

Montana does not need outside help. The Red Cross and other 
organizations, when called into relief work, raise their money by drives, 
stating the specific purpose for which it is sought. If we delegate any 



SIXTEENTH ASSEMBLY (EXTRA) 121 

considerable part of our problem to these organizations we will directly 
or indirectly ask for outside help and advertise the State as seeking 
charity abroad, when, as a matter of fact, it is neither necessary nor 
proper that we should do so. 

It should not be understood that I am unalterably committed to 
the plan above outlined. I have given to the drouth and its resultant 
effects most careful study. I have had suggestions from many interested 
persons. The plan I have outlined seems to me the most feasible. If, 
however, the Assembly in its wisdom can work out a better plan, I will 
gladly acquiesce and do my best to put whatever plan may be finally 
adopted into successful effect. The main fact is that we are confronted 
by an actual condition that requires some definite plan of action. I am 
sure that when we adopt any w^ell considered plan we will be able to 
put it through and achieve the results so earnestly desired and sought by 
all of us. 

Changes in Road Laws. 

A fair measure of relief may be accomplished by amendments to 
the existing laws having to do with roads and highways and their con- 
struction and improvement under the jurisdiction of the State Highway 
Commission and the Boards of County Commissioners. 

If you will change the statutes of Montana so that employment may 
be afforded to men and teams upon the roads and highways under 
reasonable conditions of compensation; and if in furtherance of your 
acts, the Highway Commission and the Boards of Count^^ Commissioners 
will then equitably, liberally and fairly administer such statutes, having 
in mind the primary objects sought to be attained, much relief may be 
afforded and general conditions improved. During the regular session 
of the Assembly considerable road and highway legislation was proposed 
but little enacted. Unfortunately there arose a controversy as to the 
kind of Highway Commission law that should be in effect and the per- 
sonnel of the Highway Commission. So absorbing was this controversy 
that attention was not given to the administrative statutes now found 
to stand in the way of a proper administration of the highway affairs of 
the State. 

It must not be understood that these changes are proposed solely 
in the interest of charity or with any intention of dissipating or wasting 
the funds at the disposal of the Highway Commission or the counties. 
It is evident to everyone that the maximum price authorized for men 
and teams on the highways, six dollars per day, makes it impossible 
to accomplish any important highway improvement. It is also evident 
that there must often be other means than the contract system employed 
on the various pieces of highway construction. 

These and other provisions of the road and highway laws constitute 
impediments incapable of removal by other means than Legislative 
enactment. Your attention is specifically directed to these matters in 
order that you may enact such proper and amendatory statutes as may 
be necessary and expedient. 

Road Bond Issue. 

It has been suggested that the vote on the proposed fifteen million 
dollar bond issue for road and highway purposes, now scheduled for the 
general election of 1920, may with propriety be set forward and held this 
fall. This matter is for your consideration in the light of the necessi- 
ties of the occasion as well as the Constitution and statutes of the State. 

Classification of Counties. 

A contingency worthy of attention has arisen by reason of the 
enactment of Chapter 51 of the Session Laws of Montana of the Six- 
teenth Legislative Assembly, 1919, and covering the classification of tax- 
able property in this State for the purpose of taxation. 



122 SIXTEENTH ASSEMBLY (EXTRA) 

Under the operation of this law the assessed valuation of the various 
counties has multiplied in a pronounced way. In many of the counties 
the assessed valuation of 1919 is three or four times as great as that of 
1918. This increased valuation of taxable p;roperty in the various coun- 
ties will be made the basis of the new classification of counties to be 
made before the next regular session of the Legislative Assembly. It 
seems to be but proper that amendment of the county classification law 
should be made at this time in order that equitable and fair conditions 
may still prevail in county affairs. 

There is still another condition that has arisen as a result of the 
classification and taxation law. Under Chapter 51 the assessed valua- 
tion of any given area of the State has, as hereinbefore suggested, in- 
creased very materially. The Assembly, in enacting a general law having 
to do with the creation of new counties, undoubtedly had in mind con- 
ditions as they existed under the old assessment and valuation system. 
The conditions for the creation of new counties, in so far as taxable 
valuation is involved, now amount to nothing. In this particular, as 
a result of the enactment of Chapter 51, a contingency has arisen and 
your attention is respectfully directed to the matter in order that there 
may be proper provision and safeguard included in the laws of Montana 
to govern in the creation of new counties. 

Suffrage Amendment. 

Since the adjournment of your regular session, the Congress of 
the United States has submitted to the Legislatures of the several States 
for ratification the proposed amendment to the Federal Constitution 
extending the right of suffrage to women. 

For a great many years the proponents of equal suffrage have urged 
that the Federal Constitution be amended to the end that women might 
be given an equal franchise with men. Now the Congress has acted and 
it only remains for the states to ratify to insure the accomplishment of 
the reform. Montana already has woman suffrage; her women vote upon 
every important issue presented to our people. There are States, how- 
ever, where the suffrage has not been extended to the women. While the 
ratification of the amendment will bring the enjoyment of no additional 
prerogative to the women of Montana, nevertheless our women feel that 
the women of the other States should have their aid and support in this 
important matter. 

The question of ratification of the amendment is therefore pre- 
sented to you in the belief that the members of this Assembly will 
readily appreciate the justice and equity of the proposal. 

Police Law for Cities. 

The Mayor of the City of Butte has directed my attention to the 
fact that the law having to do with "Department of Police" has been 
so construed as to work an injustice upon cities. He states that the 
City of Butte has paid out more than one hundred thousand dollars in 
salaries to discharged and suspended policemen, for which no service 
was rendered. He considers the matter of emergent importance and asks 
that I submit the same to you for consideration. There ought to be 
amendment to the general law so that such conditions may be obviated 
in the future. 

Amendment of Irrigation Laws. 

The shortage of water and the necessity for irrigation as experienced 
this year have developed defects in our irrigation laws. While it is not 
believed that the Special Session will obtain long enough to write a new 
irrigation code, nevertheless, some amendments may be quickly enacted 
so as to make the organization, financing and operation of irrigation 
districts more simple and more easily workable. 



SIXTEENTH ASSEMBLY (EXTRA) 123 

Grain Grading- Law. 

An attempt to put into effect the Grain Grading Inspection and 
Warehouse Commission law enacted by tlie last Assembly developed the 
fact that no appropriation had been made for putting it into effect, that 
no suitable provisions for collecting adequate funds had been made, and 
that no penalties had been provided for those violating the law. The 
crop failure this year reduces to the minimum the necessity for this law. 
However, the Assembly being in session, proper amendments may be 
wrought with the minimum of difficulty and trouble and the matter is 
therefore called to your attention for appropriate consideration. 

Efficiency Commission. 

The State Efficiency and Trade Commission created by the last 
Assembly made partial investigation looking toward reform in State 
administration affairs. They have discovered what most of us have 
realized for some time; that there must be constitutional amendment 
if any particular change can be made. The Commission has asked that 
I suggest to you the propriety of submitting a bill for a constitutional 
amendment providing for the creation of some general administrative 
board to take over some of the duties of the State Board of Examiners 
and other State Boards. I submit this question to you for your con- 
sideration. The invesigation of the State Efficiency and Trade Commis- 
sion has not been sufficiently thorough or comprehensive to justify that 
body in making any definite recommendations as to the final forms 
that the proposed changes should take. The constitutional amendment 
will not work any immediate change but will in reality only open the 
way and make legal the enactment of such future statutes as may be 
necessary to carry out the changes deemed expedient by the next and 
succeeding sessions of the Assembly. 

Private Car Company Licenses. 

The State Treasurer has called my attention to the fact that there 
should be amendment to or repeal of certain parts of Chapter 82, Acts 
of the Fifteenth Legislative Assembly of the State of Montana, being an 
Act entitled: "An Act providing a method for the assessment and col- 
lection of a license fee on private car companies doing business in this 
State." He says that the revenues of the State are seriously affected by 
this matter and the same is respectfully called to your attention for 
consideration. 

Inheritance Taxes. 

The Treasurer also called attention to the need of amendment to 
Section 7737, Revised Codes of Montana of 1907, relating to the pay- 
ment of inheritance and succession taxes on transfers of stocks, bonds, 
obligations and other personal property in this State by foreign ex- 
ecutors, administrators and trustees of non-resident decedents. This also 
is a matter having to do with the revenues. 

In the light of existing conditions it is important that every pre- 
caution be taken to protect the revenues of the State. 

Forest Fire ControL 

The Montana State Council of Defense has called attention to the 
lack of proper laws to prevent the setting of fires in connection with 
forest fire control. This matter is important and I respectfully request 
that some appropriate statute be enacted to control the burning of brush 
and the leaving of camp fires. 

Cost of Special Session. 

For your information you are advised that the Extraordinary Ses- 
sion of the Fifteenth Assembly held in 1918 cost the State of Montana 
$35,730.57. It is estimated that every day you remain in session the 
incident expense amounts to almost $3,000.00. This can be very materi- 
ally reduced by utilization of State House employes already under salary. 



124 SIXTEENTH ASSEMBLY (EXTRA) 

Departmental work may be postponed for the few days you are here. 
Everyone ought to be willing to make a sacrifice for the general good 
in view of existing contingencies. Therefore, I respectfully suggest that 
instead of paying large numbers of employes, clerks, and stenographers, 
other people already in the employ of the State be drafted for your 
purposes. I am sure you will find no difficulty in effecting a quick re- 
sponse in this particular and that it will mean a considerable economy. 

It is only fair to say that there was much sentiment in the State 
opposed to any extraordinary session of the Assembly on the ground of 
expense and otherwise. This sentiment will be intensified by a long- 
drawn-out session. 

S. V. STEWaRT, 

Governor. 



SPECIAL MESSAGES. 



TUBERCULOSIS SANITAEIUM, ETC. 

July 31, 1919. 

The President of the Senate, Senate Chamber, Helena, Montana. 

Three small but important matters of emergency have been directed 
to my attention and are respectfully referred to you as follows: 

First: The Superintendent of the Montana State Tuberculosis 
Sanitarium calls attention to the law relative to admissions at his 
institution and has asked that the same be amended so that returned 
soldiers may be more readily admitted. Under the existing laws some 
confusion exists and the same should be rectified. 

Second: In the enrolling of Chapter 221, Session Laws of 1919, 
an error was made in Section 1, line 2. The reference to the salary of 
the sheriff in third class counties was made to read "Three Thousand 
five dollars." This is an evident clerical error and can be rectified 
without difficulty. 

Third: The City Attorney of Helena calls attention to the fact 
that there is defect in Chapter 1 of the Session Laws of the Sixteenth 
Legislative Assembly, 1919, in that the date for making the annual tax 
levies in cities and towns makes it impossible for the city authorities 
to perform the act at the time fixed, for the reason that the County 
Boards have not completed their labors and the State Board has not 
commenced its work of assessment at the time so fixed. A very simple 
amendment will rectify this condition. 

S. V. STEWART, 

Governor. 



EFFICIENCY COMMISSION REPORT. 

August 1, 1919. 
President of the Senate, Helena, Montana. 

The State Efficiency and Trade Commission has made to me a 
partial report of the activities of that body since its creation. A copy 
of that report is herewith transmitted for your information. 

In my general message to you at the beginning of the session I 
called your attention to the Commission's desire for a constitutional 
amendment. The same is supplemented in this report. However, I am 
submitting the report to you in order that you may have an opportunity 
to take such action as may be deemed expedient in the matter of alleged 
profiteering, price fixing and trade control. 

S. V. STEWART, 

Governor. 



SIXTEENTH ASSEMBLY (EXTRA) 125 

ADDITIONAL SUBJECTS. 

August 4, 1919. 
The President of the Senate, Senate Chamber, Helena, Montana. 

The attention of the Legislature is respectfully called to the follow- 
ing matters: 

Returned soldiers who were absent in the service of the country 
at the time of the last general election, failed to vote and thereby their 
names have been stricken from the registration rolls. Unless some 
special legislation is enacted they will be deprived of the right to vote 
at the special elections called in the near future. 

The State Land Agent calls attention to the fact that he has recently 
lost two of his land appraisers by reason of the inadequate salary paid 
for such work. At this critical time in the development of the farm 
loan plan, it is important that experienced men be retained in the serv- 
ice. Your attention is called to the matter that you may have an oppor- 
tunity to relieve the situation by authorizing an increase of compensa- 
tion for farm land appraisers. 

Attention has been directed to the fact that grasshoppers have taken 
the crops in some parts of the State. Next year will probably witness 
a recurrence and some provision should be made for fighting the pests 
and guarding against such destruction as obtained this year. 

The Senator from Mineral County has urged that the Legislature 
be given an opportunity to correct apparent clerical error in the descrip- 
tion of the territory within the limits of which elk may be killed at 
certain seasons of the year. He says a clerical error was made in the 
bill and that as a result, before the next regular session of the Legisla- 
ture is held, a large consignment of elk, shipped into Mineral County 
at the expense of the State and the sportsmen, will be exterminated. 
As the condition seems to be merely the result of a clerical error, your 
attention is called to it that it may be rectified. 

S. V. STEWART, 

Governor. 



SUPREME COURT JUDGESHIPS. 

August 5, 1919. 

The President of the Senate, Senate Chamber, Helena, Montana. 

In the message submitted to the Sixteenth Legislative Assembly at 
the beginning of the regular session, the matter of increasing the num- 
ber of Justices of the Supreme Court was submitted to the Assembly 
for consideration. Agreement was not reached as to the form the bill 
should take and as a result the increase was not made. I pointed out 
to you at that time the necessity for the increase. Such necessity is 
even more urgent at this time than it was six months ago. Three mem- 
bers of the Supreme Court are unable to keep up with the work and as 
a result they are falling farther and farther behind. The matter is 
again brought to your attention with the suggestion that the situa- 
tion be relieved by the passage of appropriate legislation. 

In order that there may be no misunderstanding about the matter, 
your attention is respectfully directed to the following provisions of 
the Constitution of the State of Montana. Section 5 of Article VIII 
provides: 

"The Supreme Court shall consist of three justices, 
* * * and the legislative assembly shall have the 
power to increase the number of said justices to not less 
nor more than five, * * *" 



126 SIXTEENTH ASSEMBLY (EXTRA) 

Section 8 of the same Article provides: 

"There shall he elected at the first general election, 
provided for by this constitution, one chief justice ana 
two associate justices of the supreme court. At said 
first election the chief justice shall be elected to hold 
his office until the general election in the year one 
thousand eight hundred ninety-two (1892), and one of 
the associate justices to hold office until the general 
election in the year one thousand eight hundred ninety- 
four (1894), and the other associate justice to hold his 
office until the general election in the year one thousand 
eight hundred ninety-six (1896), and each shall hold 
until his successor is elected and qualified. The terms 
of office of said justices, and which one shall be chief 
justice, shall at the first and all subsequent elections be 
designated by ballot. After said first election one chief 
justice or one associate justice shall be elected at the 
general election every two years, commencing in the 
year one thousand eight hundred ninety-two (1892), and 
if the legislative assembly shall increase the number 
of justices to five, the first terms of office of such 
additional justices shall be fixed by law in such manner 
that at least one of the five justices shall be elected 
every two years, * * *" 

This assembly was not the first to give consideration to the matter 
of increasing the membership of the Supreme Court. The subject has 
been before Assemblies with more or less insistence for at least a dozen 
years. A controversy has arisen as to the terms, methods of appoint- 
ment and other matters incident to the details of putting the increase 
into effect. To my mind it is perfectly evident that the framers of the 
Constitution intended that when the time should come when an increase 
in the Supreme Court membership was necessary, the increase should 
be as provided in Section 5 of Article VIII, "to not less nor more than 
five." In other words, the membership cannot be increased to four and 
cannot be increased to more than five. That much is plain. 

It must not be forgotten that the Constitution of the State of 
Montana was adopted in 1889 and that the terms of the original mem- 
bers of the Supreme Court were fixed to expire in 1892, in 1894 and in 
1896 respectively, it being the evident intention to make it impossible 
to re-create the Court at any one given election. There was added a 
provision in said Section to the effect that "if the legislative assembly 
shall increase the number of justices to five, the first terms of office of 
such additional justices shall be fixed by law in such manner that at 
least one of the fives justices shall be elected every two years." 

A careful reading of this provision seems to indicate beyond ques- 
tion that the Constitution intended that not more than two justices 
should be elected at any given election after the court was increased to 
five, so that thereby there might be retained the same safeguard that 
prevailed under the system of electing but one of three while the mem- 
bership remained as originally fixed. In my opinion, in the light of 
these constitutional provisions, it is your duty to create two additional 
Supreme Court Justiceships, and that you should do exactly what the 
Constitution says you should do; that is, fix the terms so that taken in 
conjunction with the original membership, not more than two will be 
elected at any one general election. In other words, you should provide 
that one of the additional justices shall be elected for a full six-year 
term at the general election in 1920, and that the other one of them 
shall be elected for a like six-year term at the general election in 1922. 
There can be no excuse for assigning any terms other than I have 
indicated. 



SIXTEENTH ASSEMBLY (EXTRA) 127 

It has been suggested that the two additional justices should be 
respectively elected at the 1922 and the 1924 general elections and that 
in the meantime appointments be in some manner made to fill the places 
from the time of the approval of the bill creating the positions until said 
general elections. It does not seem to me that this plan is fair or 
reasonable. It seems plain that it was intended that the people should 
elect the justices at general elections, and at as early a date as possible. 
The earliest times under the terms of the Constitution, as I view it, 
are as hereinbefore indicated. 

The trouble has arisen over the matter of filling the vacancies from 
the time of the passage of the bill until the people themselves at general 
elections select men of their own choice. The general rule, of course, 
obtains that the Governor shall make appointments to fill all existing 
vacancies, usually by and with the consent and approval of the State 
Senate. The contention has been advanced in this matter that both addi- 
tional judges must be elected at the next general election if the Gov- 
ernor makes the appointments. I can see no force in this argument. The 
provisions of the Constitution already cited remove this case from the 
general rule under the Constitution that appointments shall obtain only 
until the next general election. That is a general rule invoked under 
general provisions of the Constitution. This matter, coming under the 
special provision of the Constitution, is in my opinion absolutely con- 
trolled by that special provision. 

In the past, bills have been introduced in various Assemblies creat- 
ing the additional judicial positions and naming individuals to fill them. 
This has been done upon the theory that the position is created and the 
appointment thus made simultaneously and that as a result no vacancy 
exists and the rule just mentioned is thereby obviated. No one contends 
that the Assembly has broader powers in the matter of appointments 
than the Governor. The only argument, therefore, that can be advanced 
to sustain the contention is that there is never a vacancy because of 
the fact that the same bill creates the positions and fills them. It clearly 
cannot be held that the appointments may be made by the Legislature or 
the Governor or by any other agency until the positions are created. 
Any bill creating the positions, even though it seeks to nominate men to 
fill the places, must first create the places before they are subject to be 
filled by anyone. A bill does not become a law by sections, like a 
freight train passing a station — car by car — but the whole measure 
comes into being at one time by the signature of the Governor or the 
expiration of time. No one would seriously contend that the Governor 
by so placing the enrolled bill and an instrument of appointment, as to 
enable him to attach his signature to both at the same time, could evade 
a general rule applicable to such matters. It might be physically 
possible that the Governor, if ambidextrous, could sign the bill approv- 
ing the law with one hand and the appointment with the other and 
complete the signatures at the same instant; and you would then have 
exactly the same condition as that advanced by those who seek to 
insert the names of the appointees in the bill. 

It must not be forgotten that men are not immediately clothed with 
official authority upon their designation either by the Legislature or the 
Governor. It remains for them to take the oath of office and qualify, 
so that you cannot shoot full-fledged jurists out of either the Legisla- 
ture or the Governor's office by a mere stroke of the pen. 

In my opinion the arguments and contentions mentioned are highly 
technical and are of the sort that have tended to make the laity sus- 
picious of lawyers. Doubtless these arguments have been advanced In 
good faith in some instances. In other instances there may have been 
political reasons behind them. However the fact remains that as a result 
of these contentions the relief sought has not come to the Supreme Court. 
In times past executive expression of views on the question of the divi- 
sion of authority between the Legislative and Executive branches of the 
State Government has been fully set forth and is now well known to 



128 SIXTEENTH ASSEMBLY (EXTRA) 

you. I see no reason to recede from the position so taken by my pre- 
decessors and by me. There is certainly no legal reason in my opinion 
why appointments made by the Legislature can have more virtue or 
longer life than appointments made by the Governor. That being the 
case, I am submitting the matter to you with a fair and frank state- 
ment of my position so that there may be no misunderstanding as to the 
views and beliefs entertained by the Executive of this State in this very 
important matter. 

Your attention is directed to the fact that the State Senate is now 
in session, A bill providing for confirmation of appointments made by 
the Governor may be passed through the Assembly and approved by the 
Governor so that appointments may be promptly submitted to the State 
Senate for approval or rejection without delay. The Senate is a repre- 
sentative body of men selected from all the Counties of the State and 
at the moment the majority of that body happens to be of a different 
political faith from that of the Governor. I have full confidence in the 
membership of the Senate and no one can seriously assert that an 
unworthy nomination or appointment would be approved by that body. 

S. V. STE\^''ART- 

Governor. 



PROHIBITION ENFORCEMENT. 

August 6, 1919. 

The President of the Senate, Senate Chamber, Helena, Montana. 

It is not my purpose to unnecessarily hold the Legislative Assem- 
bly in session. I have consistently refused to put many matters up to 
you. In fact, hundreds of suggestions, applications and urgent appeals 
have come to the Governor's office urging that various matters deemed 
of an emergent character by the individuals who suggest their considera- 
tion at this time, be put up to the Legislature. I have only taken two 
classes of subjects: First, matters of emergency, however important 
they might be; and, second, matters of mere detail requiring legislative 
corrective enactments. 

There is one important matter that has been suggested to me that 
I deem emergent enough to justify your consideration, even though it 
should hold you in session a little longer than otherwise. Consistent, 
persistent and convincing reports have come to me to the effect that 
the prohibition law is being openly violated in certain counties, par- 
ticularly in certain cities, of the State of Montana. Public officials claim 
that they are unable to enforce the law because they have no funds 
available with which to gather evidence. I am unable to understand 
why public officials cannot, if they will go after the matter vigorously 
enough, get the evidence in the usual course taken by officials in enforc- 
ing ordinary statutes. However, in order that there may be no alibis 
and no excuses for lack of law enforcement in this most important mat- 
ter, I am calling it to your attention, that you may give co»isideration at 
this time to the claims of those who assert that there must be a special 
fund created either by appropriation or by converting fines collected for 
violations of the prohibitory law into a fund for law enforcement. 

S. V. STEWART, 

Governor. 



SIXTEENTH ASSEMBLY (EXTRA) 129 

PRIMARY LAW. 

August 6th, 1919. 

The President of the Senate, Senate Chamber, Helena, Montana. 

A copy of the report of the Joint Committee selected to inquire into 
the facts, circumstances and status of the primary laws of the State of 
Montana,' has been filed with me and my attention has been particularly 
directed to that part of the report reading as follows: 

"We suggest that the Governor be requested to submit to this 
Legislature for consideration the question of amending the present 
primary law," etc. 

In order that there may be no delay I am not attempting to go into 
the merits of the report but am herewith directing your attention to the 
whole subject of primary legislation so that the Assembly may proceed 
at once to such corrective and amendatory legislation as may be by it 
deemed proper and necessary. 

S. V. STEWART, 

Governor, 



INCREASE OF SUPREME COURT. 

August 11, 1919. 

The Speaker of the House of Representatives, 

Helena, Montana. 

House Resolution No. 2, introduced by Buell, Gibson and Belden, is 
before me for consideration. 

I observe the request "that in case the Governor of the State of 
Montana nominates said justices provided for in said bill so that such 
nominations may appear in said bill when the same comes before the 
House for action, that the House of Representatives will vote for the 
passage of said bill without amendment as to the Governor's nominees 
therein." 

It has been my purpose at all times, as indicated in my previous 
message to this Assembly, to submit the executive nominations for the 
judicial positions to be created to the Senate for the approval or rejec- 
tion of that body. I appreciate the recognition of the executive preroga- 
tive contained in your resolution and interpret it to mean that the 
membership of the House requests that the nominations be now sub- 
mitted to the Senate. It is understood that the request of the House 
is based upon an interpretation of the Constitution to the effect that 
the names must go in the bill in order that terms of different lengths 
may be prescribed. Without yielding my views as to the legal con- 
tention, I shall forthwith transmit the nominations to the Senate in 
order that those who entertain such belief may have an opportunity to 
take such precautions as to them may seem expedient. 

S. V. STEWART, 

Governor. 



P R O G L A MAT IONS 



PROCLAMATIONS 1^3 

MOTHERS' DAY, 1913. 

Only a fev/ years ago a movement was inaugurated for the observ- 
ance of the second Sunday in May as Mother's Day. The idea awoke 
instant response in the hearts of the people, and the movement has 
grown until today this occasion is observed in many of the States or 
the Union. 

It is held to be profitable for the men and women of this age of 
intense commercial and industrial activity to divert their minds from 
the usual channels and concentrate them upon some uplifting and 
cheering and helpful subject. This being true, is there aught that 
could have so blessed an influence as a season devoted to "the best 
mother who ever lived — your mother?" 

I, therefore, hereby designate Sunday, the eleventh day of May, one 
thousand nine hundred thirteen, as Mother's Day, and urge upon the 
people of Montana an observance of the occasion in keeping with the 
spirit that prompted the founding of this May festival. If your Mother 
be with you, let the day be one of more marked tenderness towards her; 
if you be separated from her by a State or a continent, write to her and 
tell her something of the adoration that is her due; and if she has 
passed over the river that naught save eternity can bridge, then shouia 
the day be hallowed by your thoughts of her ever watchful love and 
sacrifice for you. 

Let this be a day of family reunions and of precious memories, and 
if there be two thoughts of Mother where otherwise there might have 
been only one, then shall the day and the occasion have beautifully 
served their purpose. 

S. V. STEWART, 

Governor. 



THANKSGIVING HAY, 1915. 

Once again we approach the season when the American people with 
one accord make public acknowledgment to the All-wise Ruler of the 
universe for His mercies during the year that has sped by. The year 
has been in some respects the most momentous in history. During all 
of the twelve months the Nations of Europe have been locked in deadly 
strife, and as yet there seems little ground for hope that they may 
speedily come out of the welter of war in which they have engaged with 
such fearsome fury. 

Set over against this scene of unending bloodshed, how infinitely 
attractive is the picture of our own land, which has by the wisdom of 
its officers in high places been kept free from all participation in the 
conflict, so that it stands today the one great power in the world that 
is not involved in a struggle the cost of which cannot be reckoned by 
human mind. 

In our own beloved State of Montana there have been countless evi- 
dences of the favor of Providence, both on the spiritual and the material 
side. Our churches and the organizations for the relief of suffering 
humanity have widened the scope of their influence and are cheered on 
to still greater endeavors on behalf of the sin-sick and the physically-ill. 
Good seasons have made the husbandman to prosper, and in all of the 
avenues of trade and industry the year has been one worthy to be 
called good. 

The Grim Reaper has taken his toll among us, and many hearts are 
sore with grief because of the passing of loved ones; others who have 
gone down into the depths of despair at the bedside of the beloved have 
been made to rejoice and give thanks because of their restoration to 
health and strength. Come weal or woe, our people see and bow to the 
will and the infinite wisdom of a loving Heavenly Father, who doeth 
all things well. 



lU PROCLAMATIONS 

Now, Therefore, I, S. V. Stewart, as Governor of the State of Mon- 
tana, do hereby join the President of tlie United States in designating 
and setting apart Thursday, the twenty-fifth day of November, as 
Thanksgiving Day. 

And I do earnestly beseech the people to make their observance of 
the occasion one that will show first of all their spirit of appreciation 
of the gifts of the past yeai*. Let us gather at our several houses of 
worship, in our homes, or at such places as to us may seem most fitting, 
and there give unfeigned thanks to Almighty God for the blessings He 
has showered upon us, speaking neither proudly nor boastfully but in 
all humility of spirit. 

IN WITNESS WHEREOF I have hereunto set my 
hand and caused the Great Seal of the State to 
be affixed. 

(SEAL) DONE at the City of Helena, the Capital, 

this the 22nd day of October, in the year of 
our Lord one thousand nine hundred fifteen 
and of the independence of the United States 
of America the one hundred fortieth. 

S. V. STEWART. 

By the Governor: 

A. M. ALDERSON, 

Secretary of State. 



REOISTRATIOiV DAY, 1917. 

Whereas, The President of the United States has designated Tues- 
day, the fifth day of June, A. D. 1917, as the date for registration under 
the provisions of the Selective Draft Act; and 

Whereas, It is desirable that the people of Montana shall do all 
within their power to further the work of registration under this Act: 

NOW, THEREFORE, I, S. V. Stewart, as Governor of the State 
of Montana, do hereby declare and proclaim that Tuesday, the fifth 
day of June, A. D. 1917, shall be a Legal Holiday in the State of 
Montana. 

And I do earnestly urge upon the loyal citizens of the State to give 
such aid and assistance as may be within their power to the County 
and City Registration Boards on that day, to the end that the registra- 
tion of our citizens under the terms of said Act may be promptly accom- 
plished, as further testimony of the spirit of wholehearted patriotism 
that imbues our people in the grave situation that confronts us. 

Our people might with profit make the day the occasion of a great 
patriotic demonstration, by the holding of public meetings, parades or 
gatherings of kindred nature, whereby the love of country that lies deep 
within the souls of all of us shall be given powerful expression and the 
world be made to see the devotion to our beloved land that animates 
us in the conflict upon v/hich we have entered and to which we have 
dedicated our material resources and our lives, if need be. 



PROCLAMATIONS 135 

I am firmly grounded in the belief that our people will not fail to 
observe the day in a manner that will entirely befit the solemnity of 
the occasion. 

IN WITNESS WHEREOF I have hereunto set my 
hand and caused the Great Seal of the State to 
be affixed. 

(SEAL) DONE at Helena, the Capital, this the 

twenty-second day of May, in the year of our 
Lord one thousand nine hundred seventeen and 
of the independence of the United States of 
of America the one hundred forty-first. 

S. V. STEWART. 
By the Governor: 

C. T. STEWART, 

Secretary of State. 



RED CROSS WEEK, 1917. 

In the prosecution of the war that has been so wantonly thrust 
upon the United States it becomes imperative to organize nursing and 
relief work upon a scale commensurate with the magnitude of the 
operations of our armies in the field. 

The world has justly come to look upon the Red Cross Society as 
the greatest agency in existence for the alleviation of the suffering that 
is entailed by the prosecution of war. 

Realizing to the full the duty that will devolve upon it, the American 
Red Cross is making a vigorous campaign for funds with which to main- 
tain its magnificent work. This campaign is to be waged with special 
vigor during the incoming week. Public spirited men and women in 
Montana, as in every other State in the Union, will give their strenuous 
effort to the task of securing contributions for the amount allotted to 
the State. 

NOW, THEREFORE. I, S. V. Stewart, as Governor of the State of 
Montana, do hereby join the President of the United States in designat- 
ing and setting apart the week beginning Monday, June 18, 1917, as 

AMERICAN RED CROSS WEEK, 

and I do most earnestly urge upon our people that they respond with 
characteristic generosity to this appeal of the Red Cross. The work 
of the Society is a most important essential in the conduct of the war, 
and no one who appreciates the gravity of the crisis and vs^ho lays claim 
to loyal, patriotic citizenship can permit the appeal to go unheeded. It 
shall not be said of Montana that she failed to "do her bit" for the 
maintenance of the principles for which the Stars and Stripes so elo- 
quently stand. 

IN WITNESS WHEREOF I have hereunto set my 

hand and caused the Great Seal of the State to 

be affixed. 

(SEAL) DONE at Helena, the Capital, this the 

fifteenth day of June, in the year of our Lord 
one thousand nine hundred seventeen and of the 
Independence of the United States of America 
the one hundred forty-first. 

S. V. STEWART. 
By the Governor: 

C. 'T STEWART, 

Secretary of State. 



136 PROCLAMATIONS 

LIBERTY LOAN DAY, 1918 

The hearts of the people of the Nation are fixed upon one great 
plan and our loyal citizens are a unit in one supreme determination — 
the fighting of the war to a victorious finish, to an uncompromising 
victory, and that as speedily as possible. 

In furtherance of this plan the Government is about to offer to 
the people the bonds of the Fourth Liberty Loan, the campaign for the 
sale of which is to open on the twenty-eighth day of September. 

Therefore, I, S. V. Stewart, as Governor of the State of Montana, 
do hereby designate Saturday, tlie twentyeighth day of September, 
A. D. 1918, as Liberty Loan Subscription Day in said State. 

Montana is intensely proud of the great number of men she has 
contributed to all branches of the service in tlie existing crisis, many of 
whom are now with the overseas forces. While v/e mourn the loss of 
those of our men who have ma.de the supreme sacrifice and died the 
death of heroes, our hearts are quickened by the knowledge that they 
have had large share in what will eventually prove the utter elimination 
of Kaiserism from the face of the earth. 

Having thus proved our loyalty through our contributions to the 
actual fighting forces, it remains for those of us who may not have a 
place in the battle line to do everything within our power financially to 
maintain our men in the field. The Liberty Bonds are the great medium 
whereby this can be done. Montana's record in the previous loans is 
one in which we feel keen pride, and I am confident that the allotment 
to this State for the Fourth Loan will be promptly subscribed. 

Let us, on the day designated, be quick to make our subscriptions, 
taking of the Bonds to the limit of our financial ability. Let all Mon- 
tanans be of one mind. It is a matter in which there can be no politics, 
no creed, no slightest division of sentiment. And may the result of the 
campaign prove an inspiration to our own brave men and those of our 
sister States, giving them an earnest of our determination to leave 
nothing undone that will aid them in the righteous cause for which they 
so valiantly strive. 

IN WITNESS WHEREOF I have hereunto set my 
hand and caused the Great Seal of the State to 
be affixed. 

(SEAL) DONE at Helena, the Capital, this the 

fourteenth day of September, in the year of 
our Lord one thousand nine hundred eighteen. 

S. V. STEWART. 
By the Governor: 

C. T. STEWART, 

Secretary of State. 



ARMISTK E DAY. 

Today, after many weary months of waiting and fighting, American 
and Allied arms have achieved success and American principles have 
been recognized the v/orld around. The glad tidings of victory have 
brought joy to the heart of every liberty loving citizen of the United 
States. The people of Montana have proudly done their part in all 
things looking toward this moment of wonderful consummation. It 
is but right and proper that we should rejoice and give thanks. 

NOW, THEREFORE, I, S. V. Stewart, as Governor of the State of 
Montana, do hereby declare and proclaim this Monday, the eleventh day 
of Novem.ber, A. D. 1918, a legal holiday in the State of Montana. 



PROCLAMATIONS 1?>" 

May the people celebrate it in sucli spirit and by such means as to 
impress not only UDon this generation, but upon all the generations to 
come, the importance of the day, which will, as time goes on, mean to 
the world at large exactly what the Fourth of July means to the Ameri- 
can people. 

IN WITNESS WHEREOF I have hereunto set my 
hand and caused the Great Seal of tlie State to 
be affixed. 

(SEAL) DONE at Helena, the Capital, this the 

eleventh day of November, in the year of our 
Lord one thousand nine hundred and eighteen. 

S. V. STEY/ART. 
By the Governor: 

C. T. STEWART, 

Secretary of State. 



THANKSGITING DA1% 1919. 

Mindful of one of our beautiful American custom.s, I. S. V. Stewart, 
Governor of the State of Montana, do hereby join the President of the 
United States in designating and setting apart Thursday, the twenty- 
seventh day of November, next, as Thanksgiving Day. 

The year that is passing has brought to the people of Montana the 
usual number of vicissitudes that fall to the lot of mortals, while in 
some instances unpropitious seasons have laid additional burdens upon 
our citizens. But they have been permitted to enjoy life and liberty 
and the companionshir.« of loved ones and friends, and they v/ill not 
permit themselves to be crushed by temporary reverses such as some 
have experienced. They are upheld by an unshakable faith in the in- 
finite justice of an all-wise Providence and in the ultimate triumph of 
the right, and they are proceeding diligently and hopefully with the 
work of carving out their destiny. 

I therefore earnestly recommend that the people on this day lay 
aside their daily tasks and gather at their firesides, in their community 
meeting places or their houses of worship, as the case may be, and there 
render thanks to Almighty God for the blessings that have been theirs 
by His divine favor, at the same time offering prayer that His hand 
may guide them in all of the trials that may be in store and bring 
them finally to the enjoyment of a peace that shall be everlasting. 

IN WITNESS WHEREOF I have hereunto set my 
hand and caused the Great Seal of the State to 
be affixed. 

(SEAL) DONE at Helena, the Capital, this the 

seventh day of November, in the year of our 
Lord one thousand nine hundred nineteen and 
of the Independence of the United States of 
America the one hundred forty-fourth. 

S. V. STEWART. 

By the Governor: 

C. T. STEWART, 

Secretary of State. 



138 PROCLAMATIONS 

COAL STRIKE OF 1919. 

Today the people of Montana are facing a most serious situation, 
a condition that may at any moment become a tragedy. The coal mines 
of Montana, the principal fuel sources of our people, are closed. Suf- 
fering and privation have ensued and the most serious consequences are 
bound to result from a continuance of the existing conditions. 

Differences between the operators and the striking miners have 
been carried to the Federal Government, which has decided that a wage 
increase of fourteen per cent without an increase in the price of coal 
to the consumer, is just and equitable and should solve the difficulties 
for the moment. The operators have accepted that decision and have 
attempted to produce coal but the miners refuse to accede to the deci- 
sion and are still idle, apparently determined to remain so indefinitely 
in the face of what may easily become the worst catastrophe this section 
of the country has ever endured. 

Many expedients have been suggested, such as the taking over of the 
mines by the Federal Government or by the State. None of these, how- 
ever, would seem to suffice, as it is not a question as to employers but 
one of general adjustment of conditions throughout the industry in 
the United States. Wages and hours are the subjects of contention. The 
Government has decided these questions and the Fuel Admimstration has 
promulgated its order. The State and the people are Doand thereby. 
It is not to be assumed that the miners would return to work m-ore 
quickly under State or Government operation unless other conditions 
were changed; unless, in fact, their strike is won throughout the 
country. Furthermore, it is apparent to all familiar with the situation 
that no local adjustment may be made of the differences in this field 
so as to insure a return to work here unless a general settlem^ent shall 
have been effected in the eastern and central fields. 

In the emergency it has been deemed wise to invoke the aid of the 
highest element of protection available in order that workers may be 
protected. Accordingly, at the request of the State of Montana, United 
States troops have been brought into the several coal fields of the State 
for the explicit purpose of affording protection to any and all persons 
wiio may desire to work in or about the mines. These troops will oe 
stationed at Sand Coulee, Roundup, Red Lodge and Bear Creek, where 
it is hoped that volunteer workers may be enlisted in the production of 
coal under the protection thus afforded. 

The right of our citizens to life, liberty and the pursuit of happi- 
ness must be held inviolate. The rights of the whole people are para- 
mount to the rights of the few and no man or group of men should be 
permitted to endanger and possibly sacrifice the health and the lives of 
innocent citizens because of differences that could and should be adjust- 
ed without recourse to steps so disastrous in their possible consequences 
as those taken in the present instance. If it be possible for any minor- 
ity, whether large or small, whether employer or employe, ' whether 
worker or owner, to usurp the powers of the majority and dictate to" 
the whole people, then, indeed is the term "justice" as erected under our 
form of Government a mockery and the Republic itself a failure and 
unfit to endure. 

When personal liberty becomes license, then must peace become 
pandemonium and order become chaos. I cannot believe that the vast 
majority of the people of this country will sit quietly by and permit a 
small minority to slowly freeze them to death even under the guise and 
claim of personal liberty. We have always heretofore boasted that the 
rights of the citizen in public affairs were subordinate to the rights of 
all the citizens. Whatever may be the merits of the present contro- 
versy, it is evident to all that the people of this country need fuel, have 
a right to get fuel and must have fuel even though abuses may exist in 
the coal mining business. The troops have not been brought to Montana 
to support the cause of either side to the controversy. They have been 



PROCLAMATIONS 139 

Stationed in the coal fields in the hope that the protection thus afford- 
ed will make possible the production of coal. They will not take up 
the cause of either side to the controversy, but they will represent and 
do represent the majesty of the law, the power, the will and the author- 
ity of the Government of jthe United States exercised in behalf of those 
wiio constitute that Government, the people themselves, and called into 
action in response to the demand of a lawful, a suffering and a right- 
eously indignant majority. 

NOW, THEREFORE, I, S. V. Stewart, as Governor of the State of 
Montana, being mindful of the grave emergency confronting the common- 
wealth and the people, do hereby call upon the able-bodied men of the 
State to come to the help of the citizens, the men, women and children 
of Montana, now in need of fuel, that they may have comfort and pre- 
serve life, by volunteering to work the mines. The demand for action 
is insistent and well nigh universal and it should appeal to the loyalty 
and the humane spirit of everyone. Protection will be afforded to every 
man who desires to respond to the call and thus discharge a high duty 
not often given to man to perform for his fellow man. In the name 
of the State and in humanity's cause I appeal to the men of Montana, 
firm" in the faith that they will not fail in this hour of crucial test. 

IN WITNESS WHEREOF I have hereunto set my 
hand and caused the Great Seal of the State to 
be affixed. 

(SEAL) DONE at the City of Helena, the Capital. 

the sixth day of December, in the year of our 
Lord one thousand nine hundred nineteen. 

S. V. STEWART 

By the Governor: 

C. T. STEWART, 

Secretary of State. 






* I * 5 1 LMWo