Montana. Constitutional Convention (1884)

The Territory of Montana was created by the U.S. Congress on May 26, 1864. In 1866 a constitution was written by Montana residents, but it was never submitted to Congress. Then, in 1883, the Thirteenth Legislative Assembly of the Territory of Montana authorized an election in November 1883 to select delegates to attend a constitutional convention in Helena the following January. Delegates were elected from existing counties and judicial districts. William A. Clark was elected president of the convention. The 1884 Constitution was approved by popular vote of territorial residents. However, this constitution did not receive approval of the U.S. Congress because the majority in Congress belonged to the Republican Party and the voters of Montana Territory had eleced primarily Democratic officials. On February 22, 1889, President Grover Cleveland signed enabling legislation known as the Omnibus Statehood Bill providing for constitutional conventions to be called on July 4, 1889, in Montana, Washington, and North and South Dakota territories. The 1889 Constitution, based largely on the earlier effort in 1884, was approved by Congress and Montana became the forty-first state on November 8, 1889.

From the guide to the Montana Constitutional Convention (1884) Records, 1884, (Montana Historical Society Archives)

By the late 1960s there was growing sentiment in Montana for reform of the state's 1889 constitution. In 1970 voters passed Referendum 67, which called for a constitutional convention. The Montana Constitutional Convention Commission was created by the 42nd Legislative Assembly to assist the Convention delegates by undertaking a series of studies on constitutional issues for their use.

In a November 1971 special election Montanans chose one hundred delegates from 23 districts to the convention scheduled to convene January 17, 1972. A half-million dollars was appropriated by the legislature for the operations of the convention.

Dale A. Harris, who had served as executive director of the Constitutional Convention Commission, was chosen as executive director of the Constitutional Convention staff; Leo Graybill, Jr., of Great Falls served as president, and John H. Toole of Missoula served as vice president. Dorothy Eck of Bozeman was chosen honorary vice president from the Western District, and Bruce M. Brown of Miles City as honorary vice president from the Eastern District.

The delegates were divided into substantive and procedural committees. The substantive committees included Bill of Rights; Education and Public Lands; Executive; General Government and Constitutional Amendments; Judiciary; Legislative; Local Government; Natural Resources and Agriculture; Public Health, Welfare, and Labor; and Revenue and Finance. The procedural committees included Administrative; Public Information; Rules and Resolutions; and Style, Drafting and Transition. The Business Office oversaw the Convention's budgetary and personnel matters.

The Convention delegates held their meetings and hearings in the State Capitol Building and elsewhere in the Capitol Complex.

The Constitutional Convention adjourned after fifty-five days and the document they produced was narrowly passed by Montana voters, 116,415 to 113,883. The 1972 Constitution was contested in the state's Supreme Court by the Montana Farm Bureau, but was narrowly upheld.

From the guide to the Montana Constitutional Convention (1972) Records, 1971-1972, (Montana Historical Society Archives)