Two-fifths of counties necessary. Referendum. Petitions. ated in Article V, Section 26, of this Constitution, independent of the Legislative Assembly; and also reserve power at their own option, to approve or reject at the polls, any Act of the Legislative Assembly, except as to laws necessary for the immediate preservation of the Public peace, health or safety, and except as to laws relating to appropriations of money, and except as to laws for the submission of constitutional amendments, and except as to local or special laws, as enumerated in Article V, Section 26, of this Constitution. The first power reserved by the people is the Initiative and eight per cent of the legal voters of the State shall be required to propose any measure by petition; provided, that two-fifths of the whole number of the Counties of the State must each furnish as signers of said petition eight per cent of the legal voters in such county, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the Secretary of State, not less than four months before the election at which they are to be voted upon. The second power is the Referendum, and it may be ordered either by petition signed by five per cent of the legal voters of the State; provided, that two-fifths of the whole number of the counties of the State must each furnish as signers of said petition five per cent of the legal voters in such county, or, by the Legislative Assembly as other Bills are enacted. Referendum petitions shall be filed with the Secretary of State, not later than six months after the final adjournment of the Session of the Legislative Assembly which passed the Bill on which the Referendum is demanded. The veto power of the Governor shall not. extend to measures referred to the people by the Legislative Assembly or by Initiative Referendum petitions. All elections on measures referred to the people of the State shall be had at the biennial regular general election, except when the Legislative Assembly, by a majority vote, shall order a special election. Any meas votes cast for ure referred to the people shall still be in full force and effect unless such petition be signed by fifteen per cent of the legal voters of a majority of the whole number of the counties of the State, in which case the law shall be inoperative until such time as it shall be passed upon at an election, and the result has been determined and declared as provided by law. The whole number of votes cast for Governor at the regular election last Number of preceding the filing of any petition for the Initiative Governor or Referendum, shall be the basis on which the number tion. of the legal petitions and orders for the Initiative and for the Referendum shall be filed with the Secretary of State; and in submitting the same to the people, he, and all other officers, shall be guided by the General laws and the Act submitting this amendment, until Legislation shall be especially provided therefor. The enacting clause of every law originated by the Initiative shall be as follows: "Be it enacted by the People of Montana :" basis for peti Enacting This Section shall not be construed to deprive any clause. member of the Legislative Assembly of the right to introduce any measure. Section 2. That separate Official Ballots be used at the general election, to be held in November, 1906, and shall have printed thereon the words: "For the Amendment to the Constitution providing for Direct Legislation and Reference of Laws," and the words, "Against the Amendment to the Constitution providing for Direct Legislation and Reference of Laws." It shall be the duty of the Legislative Assembly to enact Legislation suitable for carrying this amendment into effect. Section 3. Repealing All Acts or parts of Acts in conflict with this Act are clause. hereby repealed. Section 4. This Act shall take effect and be in full force from and after its passage and approval by the Governor. Approved March 2, 1905. When act takes effect. Section 5039 of CHAPTER 62. "An Act to amend Section 5039 of the Political Code Be it Enacted by the Legislative Assembly of the State of Section 1. That Section 5039 of the Political Code of the State Political Code of Montana, as amended by an Act of the Fifth Legislative Assembly of the State of Montana, approved March 3rd, 1897, be amended so as to read as follows: amended. Free public library. Tax for library. "Library Fund." Repealing clause. Section 5039. The council has power to establish and maintain a free public library, and for that purpose may provide by ordinance for a tax as follows: In a city or town having an assessed valuation of one million dollars or more, a tax not exceeding two mills on the dollar on the property may be levied. In a city or town having an assessed valuation of less than One million dollars and more than Seven-Hundred and fifty-thousand dollars, a tax not exceeding two and one-half mills on the dollar on the property may be levied. In a city or town having an assessed valuation of less than Seven hundred and fifty thousand dollars, a tax not exceeding three mills on the dollar on the property may be levied. The tax so levied and collected constitutes a fund known as the "Library Fund", and must be expended only for the purchase of books and other things necessary for a library, and the support and maintenance thereof. Provided, that no increase over the present authorized levy shall be made until the question of such increase has first been submitted to a vote of the tax-payers affected thereby. Section 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. Section 3. This Act shall be in full force and effect from and after its passage and approval by the Governor. Approved March 2, 1905. When act takes effect. CHAPTER 63. "An Act to prevent and punish the desecration of the Be it Enacted by the Legislative Assembly of the State of Section 1. That any person who in any manner for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, color, or ensign of the United States of America, or shall expose, or cause to be exposed to public view any such flag, standard, color, or ensign upon which shall be printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed, any word, figure, mark, picture, design, or drawing, or any advertisement of any nature, or who shall expose to public view, manufacture, sell, expose for sale, give away, or have in possession for sale, or to give away or for use for any purpose, any article or substance, being any article of merchandise or receptacle of merchandise, upon which shall have been printed, painted, attached, or otherwise placed, a representation of any such flag, standard, color, or ensign to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed, or who shall publicly mutilate, defile, or defy, trample upon, or cast contempt upon, either by words or act, upon any such flag, standard, color or ensign shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars, or by imprisonment for not more than thirty days, or both in the discretion of the court. 1 Defacing Penalty. What words flag, etc., include. Not to apply ted by stat utes of United States, etc. Section 2. That the words flag, standard, color or ensign, as used in this act, shall include any flag, standard, color, ensign, or any picture or representation of either thereof, made of any substance or represented on any substance, and of any size evidently purporting to be said. flag, standard, color, or ensign of the United States of America, or a picture, or representation or either thereof, upon which shall be shown the colors, the stars, and the stripes in any number of either thereof, or by which the person seeing the same without deliberation may believe the same to represent the flag, color, standard or ensign of the United States of America. Section 3. That this act shall not apply to any act permitted by to act permit- the Statutes of the United States of America, or by the United States Army and Navy regulations, nor shall it be construed to apply to a newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant, or commission of appointment to office, ornamental picture, or stationery for use in correspondence, on any of which shall be printed, painted, or placed said flag, disconnected from any advertisement. When act takes effect. Section 4. That this Act shall take effect immediately. Water Commissioner. CHAPTER 64. An Act to Authorize the Appointment of a Commis- Be it Enacted by the Legislative Assembly of the State of Section 1. Whenever the water rights pertaining to any stream or water system within the State of Montana have been determined by a decree of a competent court, it shall |