thority as other peace officers to with or without a warrant arrest and prosecute persons violating any provision of this Act. provided, however, that the persons mentoined herein shall not be entitled to receive fees for any arrest or proscution which may be made or prosecuted under this Act." And provided further, that none of the persons herein named shall be authorized to hold said office or exercise its functions unless at the time he shall be a citizen of the United States, and shall have been a citizen of this State for at least one year next preceding his exercising the functions thereof."

Approved Feb 24th 1899

SENATE BILL NO. 42.

An Act to Amend Section 702, of the Title X of the Penal Code of the State of Montana, relating to the adulteration of Candy.

Be it enacted by the Legislative Assembly of the State of Montana :

Section I. That Section 702 of Title X of the Penal Code of the State of Montana, of an Act concerning crimes against the public health and safety, approved March 15, 1895, be, and the same is hereby amended to read as follows:

Section 702. Every person who shall, by himself, his servant or agent, or as the servant or agent of any other person or corporation, manufacture for sale, or knowingly sell or offer to sell any candy adulterated by the admixture of terra alba, barytes, talc or any mineral substance, by poisonous colors or flavors or other ingredients deleterious or detrimental to health, is guilty of a misdemeanor.

Section 2. This Act shall be in force and effect from and after its passage and approval by the Governor,

Section 3. All Acts and parts of Acts in conflict herewith are hereby repealed.

Approved Feb 22nd 1899

HOUSE BILL NO. 188.

An Act Entitled an Act providing for the submission to the electors of the State of Montana for their Approval or Rejection an amendment to Section 5, Article VIII, of the Constitution of the State of Montana, relative to Justices of the Supreme Court.

Be it enacted by the Legislative Assembly of the State of Montana : Section 1. There shall be submitted to the qualified electors of the State of Montana at the next geenral election to be held within the State, the following amendment to Section 5. Article VIII, of the Constitution of the State of Montana, relating to the Supreme Court.

Section 2. Section 5 of Article VIII shall be amended as follows: The Supreme Court shall consist of three Justices, a majority of whom shall be necessary to form a quorum or pronounce a decision, but one or more of said justices may adjourn the court from day to day, or to a day certain and the Legislative Assembly shall have the power to increase the number of said justices to not less nor more than five. In case any justice or justices of the Supreme Court shall be in any way disqualified to sit in a cause brought before such court, the remaining justice or justices shall have power to call on one or more of the District Judges of this State as in the particular case may be necessary to constitute the full number of justices of which the said court shall then be composed, to sit with them in the hearing of said cause. In all cases where a district judge is invited to sit and does sit as by this Section provided, the decision and the opinion of such District Judge shall have the same force and effect in any cause heard before the court as if regularly participated in by a justice of the Supreme Court.

Section 3. The vote upon this amendment shall be counted and canvassed by such persons and in such manner as provided by law for the counting and canvassing of the vote for members of Congress, and if a majority of all the votes cast at said election, for and against said amendment shall be in favor of the amendment, the Governor of the State shall immediately so declare by public proclamation, and said amendment shall be in full force and effect as part of the constitution from and after the date of said proclamation.

Section 4. The official ballot used at the general election held in November, 1900, shall have printed thereon the following words:

For the amendment to the constitution relating to the Supreme Court, and the words against the amendment to the constitution relating to the Supreme Court.

Section 5: All acts and parts of acts in conflict herewith are hereby repealed.

Approved March 7th 1899

SENATE JOINT MEMORIAL NO. 1.

To the Honorable, the Senate and House of Representatives of the United States, in Congress Assembled:

Whereas, Owing to the fact that the Indians resident upon reservations within the State of Montana are allowed to and do habitually make a practice of leaving their reservations in large numbers and roaming over the country and in and through settled and cultivated portions of the State, to the terror and annoyance of the people of Montana and to the wholesale and useless destruction of the game of the State, such Indians are a continual menace to the peace of the people of Montana and the preservation of the game of the State and commit numerous depredations and violations of law and disturbances of families and communities and uselessly slaughter and destroy every year great quantities of game; and,

Whereas, it is impracticable and often impossible for the civil authorities of Montana to prevent or punish such acts by such Indians and an attempt so to do would be attended by great and unjustifiable cost and expense; therefore, be it

Resolved, that we, your memorialists, the Legislative Assembly of the State of Montana, respectfully represent that we ask the Congress of the United States to enact proper and effective legislation to prevent all of such acts by Indians in the State of Montana and to make it unlawful for Indians resident upon reservations in the State of Montana to ever at any time or for any purpose leave or be found off their reservations and to enact such measures as will stringently enforce such legislation. it is by us further resolved that the Secretary of State of Montana be and he is hereby ordered to furnish a copy of this memorial to each of our Senators and Representatives in Congress.

Approved February 11th 1899

SENATE JOINT MEMORIAL NO. 2.

To the Honorable the Senate and House of Representatives of the United States in Congress Assembled:

Whereas, There are now in that portion of the State of Montana, known as the Flathead Indian Reservation, many thousand acres of magnificent agricultural land, in every way suitable for farming and stock-raising, which are now wholly uncultivated, and practically uninhabited by any one, the only persons living thereon being Indians, and which said lands are far in excess of the needs and demands of said Indians, and yield no revenue whatever, either to the National government or the State of Montana, and add nothing to the material wealth thereof, but is rather a source of trouble, expense and annoyance to both; and,

Whereas, There are thousands of citizens who are now ready and anxious to go upon said reservation as soon as the same is opened for settlement, there to make their homes and reduce said lands to a state of settlement and cultivation, which we, your memorialists, assert, will add millions of dollars to the material wealth of the State of Montana, and yield much revenue to the National and State Governments; and,

Whereas, There is now an Indian Commission appointed by the general Government to negotiate with the Indians upon said Reservation for the surrender of their title to the same to the United States, which said commission has been for more than two years negotiating with said Indians, to the end aforesaid, but your memorialists assert that owing to the fact that the persons comprising said commission were appointed from without the State of Montana, and for other reasons, said commission has thus far been unable to do anything looking to the end and purpose for which they were appointed, but on the contrary has developed much opposition from such Indians, to the extent that we believe it is now impossible for the commission now in existence for that purpose, to make any progress whatever toward the opening for settlements of lands embraced in said Reservation; and,

Whereas, We believe if proper persons; who are citizens of the State of Montana and familiar with said Indians, their customs and wants and in whom said Indians would naturally repose greater confidence, were appointed as a special commission to act in place and instead of said commissoin now in existence, that great good would result therefrom, and that such portions of said Reservation as are deemed advis

able, would be speedily opened for settlement, with the results hereinbefore set forth.

RESOLVED THEREFORE, That we, your memorialists, the Legislative Assembly of the State of Montana, earnestly pray and petition the Congress of the United States to enact such speedy and proper legislation as will result in the appointment of the special Indian Commission herein mentioned, and the speedy opening of said lands for settlement and cultivation.

And it is further resolved, That the Secretary of State of Montana be, and he is hereby ordered to furnish a copy of this memorial to each of our Senators and Representatives in Congress.

Approved Feb 22nd 1899

SENATE JOINT MEMORIAL NO. 3.

To the Honorable the Senate and House of Representatives of the United States in Congress Assembled:

Whereas, There are now in the portion of the State of Montana, known as the Fort Peck Indian Reservation, many thousand acres of desirable agricultural land, in every way adaptable to farming and stock raising, far in excess of the needs of the Indians of said Reservation; and

Whereas, This land embodies some of the choicest land in Eastern Montana, which is now of no material benefit to the said Indians or a source of revenue to either Federal or State Government; and

Whereas, The Treaty of said Indians having expired, necessitating some action by Congress; therefore be it

Resolved, That we, your memorialists, the Sixth Legislative Assembly of the State of Montana, earnestly pray and petition the Congress of the United States, to enact such legislation as will result in the appointment of a Special Indian Commission, a part of which shall be residents of this State, with full power to treat with such Indians for the cession and opening for settlement under the usual regulations described as follows:

All that portion west of Poplar Creek and a line due north of the head of such creek; all that portion north of a line where the public