TABLE OF CONTENTS
Home
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Forward 1
General Rules of Conduct 2
General Information 2
Governmental Organization 4
Election Procedure 5
Party Officials 5
Voting 7
Functions & Duties of City Officials
8
Functions & Duties of County Officials 15
Functions & Duties of State Officials 17
Procedure - House of Representatives & Senate 19
Rules - House of Representatives & Senate 20
Transmittal Letter 21
Procedure in Committee of the
Whole 22
The Judicial System 24
The Police Court 24
District or County Courts 25
The Supreme Court 26
Seating in Auditorium & Flag Raising Formation 29
FORWARD
Welcome to Montana Boys State. The Boys State Staff, your sponsor and the
American Legion all hope that the next week will be a rewarding one for
you.
This handbook explains many aspects of Boys State and you will need to
refer to it often. It is the only one you will receive.
Boys State is mostly action and most of the action is political. The more
work you put into the program the greater your rewards will be. The Montana
Boys State Handbook contains a statement which will be of interest to all
candidates for office:
You and your friends should seriously measure your particular
qualifications for the office you seek. Make up your mind to develop a
following. Campaign hard. Go into an election to win. But remember also
that if you lose, the citizens of Montana Boys State have found something
in your opponent or his party principles that they like better than they do
yours. Do something about it in a constructive manner. Don't condemn the
world because you have lost. You must remember that at the conclusion of an
election only one candidate for each office will be elected. Therefore, one
candidate will be defeated. If you are the
successful candidate,
immediately prepare yourself for taking over the duties of your particular
office. Carry out those duties in the same fearless, sincere and honest
manner pledged during your campaign. Select your appointees with care. If
you happen to be one of the candidates that did not win, remember the
citizens have spoken their choice. Politics is a sincere business. You must
be able to win or lose alike. Back
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While the government of Montana Boys State is in the hands of the boys
themselves the American Legion Montana Boys State Committee feels the
responsibility of its trust very keenly and has established some general
rules on conduct which all boys are expected to follow. Those who violate
the letter or spirit of these regulations are subject to dismissal from
Boys State without refund of fees. Sponsors of the boys dismissed are given
full information regarding the circumstances of the dismissal.
1. No citizen shall leave the grounds of Boys State without the permission
of the Director unless he is a member of an organized party accompanied by
a counselor.
2. Smoking and tobacco use is prohibited on the Carroll College Campus.
3. No citizen shall operate an automobile while at Boys State, even though
he may have the consent of his parents.
4. No citizen shall participate in games of chance or in any form of
gambling.
5. Beds are to be made up and personal belongings placed in orderly manner
before leaving for the day's activities.
6. Citizens are to realize that they are guests of
Carroll College.
The facilities are to be used as you would use your own. Back
1. The BANK is maintained by the Boys State Committee in room
TBA. You
are urged to place your valuables, money, tickets, keys, etc., in
safekeeping in the Bank. It will open from time to time so you can make
withdrawals from it. WE CAN ASSUME NO RESPONSIBILITY FOR LOST VALUABLES
UNLESS THEY ARE PLACED IN THE BOYS STATE BANK.
2. LONG DISTANCE CALLS can be placed from pay phones in the dormitories.
Only credit card calls or collect calls can be made.
3. Schedules for MEALS are listed in the program. The dining room will be
open only during the hours listed. You will find that you will
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have to wait in line occasionally before eating. Please
leave the
dining hall just as soon as you finish your meal. REMEMBER, you may go back
for "seconds" if you wish, so there is no need to go hungry. No foods
of
any type are to be taken out of the dining hall.
4. CAMPAIGN MATERIALS - We are always glad to see a great deal of campaign
material - HOWEVER, PLEASE DO NOT POST ANY SIGNS IN THE AUDITORIUM, THE
STUDENT UNION OR IN THE DORMITORIES. Care should be exercised to see that
no tape is attached to painted surfaces and there are to be no thumbtacks
tacked into woodwork. NO PAINT OR CHALK IS TO BE USED ON ANY BUILDING OR
SIDEWALK AND NO SIGNS ARE TO BE PLACED ON THE BUILDINGS HIGHER THAN ONE
STORY OFF THE GROUND.
5. Trophy awards will be made at the end of the session of Montana Boys
State. A "Model City" award is presented to an outstanding city
selected on
the basis of city pride, operation of city government, and participation in
politics, press, music and athletics. This selection will be made by the
Chief Counselor.
Individual trophies will be awarded to the
"Outstanding Citizen" of
each city. Three nominations for this award will be made by the city
counselors and the final selection will be made by the citizens of each
city.
On Saturday, two of your fellow Boys Staters will be
elected as Boys
Nation Senators. These two will attend Boys Nation in July. The staff will
nominate 6 candidates and the Boys Staters will elect the two senators.
6. SICK CALL - A medical doctor will be on duty at all times, and boys
becoming ill should tell their City Counselor who will arrange for medical
attention. A Doctor is on call and in case of an accident, you should report
immediately to your City Counselor. Sick Call will be held each morning at
8:00 at the Boys State main office - 217.
7. PICTURES - You will note that at times
during the program,
pictures taking sessions are scheduled. We ask that you make every effort
to be on time at these sessions, and that you also wear a Boys State
T-Shirt. All pictures will appear in the Boys State Annual, which you may
buy at the end of the session.
8. A TRANSPORTATION OFFICER will be in attendance during the
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session. Any questions you may have about the
return trip home should
be referred to him. The final session is scheduled for 11:15a.m. on
Saturday, and you will be able to leave the campus by shortly after 12:00
noon that day.
9. ADDITIONAL ANNOUNCEMENTS and program
changes will be made from
time to time by your counselors or the Director. Be sure to make careful
note of these.
10. THE PLAYING OF MUSIC will signal the
beginning of all General
Assemblies and meetings. You should follow the program closely and
anticipate the beginning of the various meetings so that you will always be
on time for each scheduled event.
11. Your address at Boys State will be:
Western Montana College,
Dillon, MT 59725. We ask that your parents and friends limit their phone
calls to matters OF AN EMERGENCY NATURE ONLY, since there are no phones in
the dormitory rooms. There are, however, sufficient pay phones on the
campus so that you will be able to call them as often as you like. The Boys
State number is 683-7175 during the day and 683-7565 from midnight to 8:00
a.m. Back
GOVERNMENTAL ORGANIZATION
UNITS OF GOVERNMENT
CITY: Alder, Last Chance, Longhorn, Powder River, Hashknife, Bow and Arrow,
Bannack, Colter, Tomahawk, Granite, Silver Dollar and Ox Bow.
COUNTY: There shall be four (4) counties. The cities of Alder, Silver
Dollar, and Last Chance constitute Lewis County. Tomahawk, Powder River,
and Granite constitute Clark County. Hashknife, Bow and Arrow, and Ox Bow
constitute Mission County. Bannack, Colter, and Long Horn constitute
Bridger County. Each county constitutes a judicial district.
ELECTED OFFICIALS: All elective officials of the city are nominated with no
party designation or distinction. All county and state officials file for
office by petition, and are nominated for the county and state general
election at their respective party primaries. After the state elections
have been completed and winners are announced, elections will be held for
the House and the Senate. These elections will take place within each city,
and will be by party. Back
TO FILE FOR COUNTY OR STATE OFFICE, it will be necessary to go to your City
Counselor and obtain an official nominating petition, fill it out and
return it to him before the deadline for filing as set out in the program.
This petition may be obtained and filed any time after your arrival at Boys
State. You need not wait until the day of the deadline. However, once a
petition is filed, it cannot be withdrawn. Candidates for DISTRICT JUDGE,
CHIEF JUSTICE and ASSOCIATE JUSTICES OF THE SUPREME COURT will file in the
same manner only on anon-partisan petition. Their names will appear,
without party designation, on a separate ballot.
Following each filing deadline, a list of the candidate will be posted and
it is the duty of every candidate to check the list as posted to make sure
that he appears on it in the proper place. Back
STATE CENTRAL COMMITTEEMAN - Immediately after the City meeting on Monday,
the members of each party will caucus and elect two State Central
Committeemen. These committeemen are their party's representatives in the
city, and they are expected to convey the wishes of their group to the
party officials. It is their task to see that the members of their party in
their city get to the polls to vote.
CITY PARTY CHAIRMAN - At the same time the State Central Committeemen are
chosen, the party members in each city should also choose a City Party
Chairman. The duties of the city chairman are similar to those of a central
committeeman, although the city chairman form the County Central Committee.
COUNTY CENTRAL COMMITTEE - The City Chairman from each of the parties in
the cities in each county form the County Central Committee. It is their
duty to see that their party is well represented with at least two
candidates for each County office in the primary election, and to
coordinate the campaign efforts of all of their party candidates in the
County General Election.
STATE PARTY CHAIRMAN - The Party Chairman shall appoint from the entire
party membership, a 10 member platform committee, a 10 member rally
committee, and a 10 member legislative committee. He shall serve as the
presiding officer at all party meetings.
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STATE CENTRAL COMMITTEE - The State Central Committeemen from each city, as
well as the City Party Chairman make up the State Central Committee. This
committee will meet and elect one of its members as State Party Chairman
and one of its members as State Party Secretary. This committee has the
duty to see that the party it represents has at least two candidates for
each office on the primary election ballot. It also coordinates all of the
campaign plans of each candidate in the party and oversees all arrangements
for the party rallies.
PLATFORM COMMITTEE - The ideals and aims of the party will be developed in
the meetings of the platform committee. All possible issues should be
discussed during the party meetings for recommendation to this committee.
The committee will then draft an official party platform subject to
ratification by the entire party membership. This committee is molding
policies of Montana Boys State and its citizens, and the eyes of the State
of Montana are on these platforms. Montana Boys State is serious business -
your party's platform should be serious business.
LEGISLATIVE COMMITTEE - This committee shall prepare at least three bills
supporting the party platform to be introduced in the House and Senate.
These proposed measures are to be prepared prior to the convening of the
Legislature.
CAMPAIGN COMMITTEE - This committee shall plan the entire campaign program
and coordinate all of the candidates' efforts during the rally. Selection
of a Master of Ceremonies, a Keynote Speaker, the setting up of a time
schedule and all other details shall be worked out by this committee.
POLITICAL RALLIES - The political rallies will be held Thursday afternoon
and each of the two parties will be given equal time. This will be
conducted as a general assembly, that is all citizens are to be in the
Auditorium during both rallies. The party rally committee should make
careful plans to fill the time allotted to the party. A keynote speaker
should be chosen and all candidates should be given a chance to appear.
Refer to Thursday's program for details concerning the political rallies.
STATE PARTY SECRETARY - He shall, along with the State Party Chairman,
coordinate all of the parties activities, as well as keep minutes of all
party meetings and be custodian of all properties of the party.
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After the election of the Party Chairman and the Party Secretary, the
general party membership shall have the right to vote on any issues that
come up and on any of the committee recommendations and shall have equal
voice with the Central Committee.
VOTING
REGISTRATION OF VOTERS - To be eligible to vote in the elections to be
held, every citizen must, on Sunday night at the time announced in the
program, register in the city to which he belongs. The counselor will act
as Registration Officer and will assist citizens in filling out the
registration cards.
VOTING IN A DIRECT PRIMARY - The purpose of the primary is to nominate
candidates for public office. The winning candidate is the one who receives
the largest number of votes. This is called a plurality vote. His name and
the names of the nominees of the other political parties that had
candidates for the office in the primary are then placed on the general
election ballot.
In the primary election there are as many different ballots available as
there are political parties with candidates in the field. On the Pioneer
ballot will be found only names of Pioneers; on the Frontier ballot only
names of Frontiers. In the primary election each political party selects
its own set of candidates for the office to be filled. When voting in the
primary election, each citizen will be given two ballots, a Frontier ballot
and a Pioneer ballot. He will vote only one of these ballots, returning the
other unvoted.
THE GENERAL ELECTION - The purpose of the general election is to elect
candidates to public office. The winning candidate is the one who received
the largest number of votes, a plurality vote.
Whereas the primary election is an election within a political party, the
general election is an election between political parties. In the general
election there is only one kind of ballot. On this ballot appear all the
names of the candidates who are nominated in the primary election. Opposite
the names of each candidate is the party to which he belongs.
In the general election, all voters receive the same ballot, and they may
then vote for whomever they please, so long as they do not vote for more
candidates than there are offices to fill. Back
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HOW A GOOD CITIZEN VOTES - Democracy must rest
upon the intelligent voting
of its citizens. To make possible this intelligent voting the citizen must
be well informed as to candidates. He must be able to weigh carefully all
that he reads and hears concerning them. He must stifle narrow prejudice in
the light of present day conditions. He must recognize the fact the even
though he is only one of many voters, his vote has a profound influence
upon the policies and achievements of the state and union. He must take his
voting responsibility seriously.
Polls will open at exactly the time set forth in the program. Remember this
and don't miss your chance to vote. There is to be NO campaigning in the
polling place. As soon as you vote, please leave the City Room.
REGISTER TO VOTE IN YOUR CITY MEETING PLACE
ALL VOTING WILL BE HELD IN YOUR CITY MEETING PLACE
BE SURE TO VOTE!!! Back
FUNCTIONS AND DUTIES OF CITY
OFFICIALS
Citizens of Montana Boys State have a choice between two alternative forms
of government under which they may organize their cities. These forms are
(1) the mayor-council plan or (2) the commission-manager plan. Unless a
city specifically adopts the commission-manager plan, that city is
organized under the mayor-council plan. In order to adopt the
commission-manager plan, 25% or more of the registered voters of a city
must petition the existing authority and request a special election. Upon
receipt of the petition, that authority must conduct a special election,
and if a majority of those voting favor the commission-manager plan, it is
adopted. In any given year a city may conduct only one special election to
determine its form of government.
ELECTIVE OFFICERS - Mayor-Council Plan
MAYOR - The Mayor is the chief executive of the city. He:
1. Presides at all meetings of the City Council, but has no vote except in
case of a tie.
2. Appoints the following assistants with the consent of the City
Council: Administrative Assistant to Mayor, Director of Finance and
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Administration, City Attorney, Clerk of the Police Court, Police Chief,
Fire Chief, Director of Health, Environment and Sanitation, Director of
Public Works, Director of Parks and Recreation, City Engineer, Director of
Transportation and Roads and City Parliamentarian.
3. Supervises the work of all appointive officers, and holds them
responsible for the proper performance of their duties.
4. Within twenty-four hours after he takes office, he shall present to the
Council a message containing information relative to the affairs of the
city and to recommend measures that he may deem expedient; he may veto
ordinances passed by the Council, but by a two-thirds vote of its members,
the Council may pass an ordinance over his veto.
CITY TREASURER - He is the custodian of all city property and funds. He
shall, in conjunction with the Mayor, estimate tax revenues and prepare a
budget for the operation of the city. He shall collect all taxes and
supplies needed by the city. He may issue license plates for all vehicles
in the city. He shall file a report of his activities with the City Mayor.
POLICE JUDGE - The Police Judge's Court has jurisdiction in actions of the
class of misdemeanor and particularly infractions of city ordinances. The
duties of the Judge, and in his absence, his clerk, are as follows:
1. To issue warrants of arrest upon complaint tiled in proper form by a
citizen or a counselor.
2. To organize the Police Court, fix a regular time and place for holding
its sessions, and require any peace officer within his jurisdiction to
enforce his decisions.
3. To render a decision with regard to all cases that are properly brought
before him after notice and hearing are provided to the defendant.
CITY COUNCIL - The city council is composed of eight councilmen elected
from the City at large. The Council is presided over by the Mayor, but he
has no vote except in cases of a tie. The duties of a City Council are as
follows:
1. Acts as a legislative unit for the city government by enacting
ordinances for the welfare of its citizens.
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2. Considers and passes upon the Mayor's recommendations regarding
legislative measures, appointments, etc.
3. Hears reports submitted by the Mayor and other elective and appointive
officers.
4. Fills vacancies that may develop in elective or appointive offices on
account of resignations, etc.
5. Submits to the Chief Counselor a statement which shall contain
recommendations concerning any phase of the program of Boys State which may
be changed or improved in some manner.
DUTIES OF THE APPOINTIVE OFFICERS:
ADMINISTRATIVE ASSISTANT - Reports directly to the Mayor and assists the
Mayor in all of his assigned duties as the Mayor determines. He shall
inform the Editor of the Boys State newspaper of the activities of the
city. He shall report the results of elections, athletic contests, press
and music activities, and any other information regarding the operation of
the city government.
DIRECTOR OF FINANCE AND ADMINISTRATION - The Director of Finance and
Administration is the official record-keeper of the city and the city's
chief financial officer. His duties are:
1. Attend the meetings of the City Council and keep a record of its
proceedings in the journal.
2. Estimate tax revenues and prepare a budget.
3. Submit a report to the Chief Counselor giving the names and home
addresses of all elective and appointive officers
in the city.
4. Serve as a secretary in general administrative procedures to the City
Counselor.
CITY ATTORNEY - He shall act as chief legal advisor to all city officials,
defend the city against law suits, represent
the city when it is the plaintiff before any court and act as prosecutor in
all cases of persons who have broken city ordinances. He may appoint an
assistant. He shall file a report of his activities with the City Manager.
CLERK OF POLICE COURT - The Clerk's duties are as follows:
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Attends all sessions of the Police Court and keeps a record of its
proceedings in the court journal. Acts as a clerical assistant to the
Police Judge.
CHIEF OF POLICE - Acts as the principal agent for law enforcement in the
city, seeing that ordinances are observed and order maintained. Takes
charge of the citizens comprising a city prior to morning exercises and
calls roll. He shall designate at least two citizens of his city as
policemen to assist him in his duties. Refer to the Police Court section in
this manual.
POLICEMEN - Assist the Chief of Police in carrying out his duties.
FIRE CHIEF - Inspects his city area for fire hazards, including piles of
waste, electrical connections, etc. Checks over the firefighting equipment
in his area to make certain that it is in working condition. Organizes a
volunteer fire department consisting of six citizens for emergency
purposes.
DIRECTOR OF HEALTH, ENVIRONMENT AND SANITATION - Is alert at all times to
detect sickness or injuries among citizens and reports his findings to the
City Counselor. Makes daily sanitary inspections in his area, including the
condition of the wash rooms, shower baths, toilets, drains, etc. Takes
charge of morning clean-up of quarters and accompanies the staff inspecting
party. He shall appoint two assistants. He may file a complaint before the
Police Judge and cause the arrest of any citizen failing to cooperate with
sanitary regulations.
DIRECTOR OF PUBLIC WORKS - He shall establish and examine water, gas,
electricity, sewer, coal and gasoline supplies and facilities in the city
and regulate their use in various seasons and under various conditions. He
shall submit a report of his activities to the Mayor.
DIRECTOR OF PARKS AND RECREATION - He shall be the head of all parks and
recreation within the city, design and regulate all parks, make purchase
order for all parks and recreation equipment, establish leagues and
tournaments to allow participation by citizens, set up a weekly park and
recreation schedule, keep and report to the city the outcome of daily
recreational activities. He shall submit a report of his activities to the
Mayor.
CITY ENGINEER - He shall survey the city, draw a map indicating city
boundaries, determine the adequacy and safety of utilities, resources,
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etc., examine all city buildings for proper construction, and make reports
to the Mayor on the improper use of buildings. He may designate an
assistant. He shall submit a report of his activities to the Mayor.
DIRECTOR OF TRANSPORTATION AND ROADS - He shall act with the HES Director
to regulate traffic when pollution is high, establish primary and secondary
roads, work for the surfacing of all roads, establish use of road signs and
advertising signs next to public thoroughfares, examine and regulate or
establish a central transportation system. He may designate an assistant.
He shall submit a report of his activities to the Mayor.
CITY PARLIAMENTARIAN - He shall assist the Mayor in conducting city
meetings by ruling on questions of parliamentary procedure.
ELECTIVE OFFICERS - Commission-Manager Plan
CITY COMMISSIONERS (8) - The city commission is composed of eight officials
elected at large from the city. The commissioner who receives the most
votes in the general election is given the title of Mayor. He presides over
sessions of the council and acts as head of the city for ceremonial
occasions. If the election results in a tie, the commission will vote until
one man is elected as its head. The most important power of the commission
is to appoint and hire the city manager. Other duties include:
1. To consider recommendations from department heads and the city manager
regarding legislative matters and appointments.
2. To fill vacancies in appointive offices.
3. To act as the legislative unit for the city government and enact
ordinances for the general welfare of the citizens.
4. To submit to the Chief Counselor a statement which shall contain
recommendations concerning phases of the Boys State program.
5. Approve all purchases and finances of the various city departments.
6. Establish city policies.
POLICE JUDGE - (Same as Mayor-Council plan)
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APPOINTIVE OFFICERS:
The following offices will be appointed by the city manager, subject to the
approval of the City Commission: Director of Finance, Director of Health,
Environment and Sanitation, Director of Public Safety, Director of Public
Works, City Attorney, Director of Parks and Recreation, City Engineer,
Director of Transportation and Roads, City Parliamentarian, and
Administrative Assistant to City Manager.
The City Commission shall appoint the following: Clerk of Court and Clerk
of the Commission.
DUTIES OF THE APPOINTIVE OFFICERS:
DIRECTOR OF FINANCE - He is the custodian of all city property and funds.
He shall, in conjunction with the manager, estimate tax revenues and
prepare a budget for the operation of the city. He shall collect all taxes
and supplies needed by the city. He may issue license plates for all
vehicles in the city. He shall file a report of his activities with the
City Manager.
DIRECTOR OF HEALTH, ENVIRONMENT AND SANITATION - He is in charge of the
city's health. He shall suggest environmental standards for air and water,
establish garbage disposal procedures, detect sicknesses and injuries,
inspect wash rooms, showers, baths, toilets, drains, etc., coordinate civil
defense policies and file complaints before the Police Judge and cause the
arrest of people who fail to cooperate with the sanitary regulations. He
shall designate two citizens to assist him in his duties. He shall file a
report of his activities with the City Manager.
DIRECTOR OF PUBLIC SAFETY - He shall act as fire chief, inspect the city
for fire hazards, including piles of waste, electrical connections, etc.,
check fire fighting equipment in his city, organize a -volunteer fire
department of six citizens for emergency purposes and file a report of his
activities with the City Manager.
He also shall act as the principal agent for law enforcement within the
city, seeing that ordinances are observed and order maintained, be
responsible for roll and report absentees to the counselor at flag raising,
and shall designate two citizens of his city as policemen to assist him in
his duties. He shall file a report of his activities with the City Manager.
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DIRECTOR OF PUBLIC WORKS - (Same as Mayor-Council Plan)
CITY ATTORNEY - He shall act as chief legal advisor to all city officials,
defend the city against law suits, represent the city when it is the
plaintiff before any court and act as prosecutor in all cases of persons
who have broken city ordinances. He may appoint an assistant. He shall file
a report of his activities with the City Manager.
DIRECTOR OF PARKS AND RECREATION - (Same as Mayor-Council Plan).
CITY ENGINEER - (Same as Mayor-Council Plan)
DIRECTOR OF TRANSPORTATION AND ROADS - (Same as Mayor-Council Plan)
CLERK OF COMMISSION - He is the official record keeper of the city. He
shall attend meetings of the city commission and keep a record of its
proceedings in a journal, submit names and home addresses of all elective
and appointive officials in the city, collect reports of all other city
officials from the Manager and submit them along with his own report to the
City Counselor for model city judging.
CLERK OF COURT - He shall attend all sessions of the city Police Court and
keep a record of its proceedings in a journal that includes a listing of
defendants, plaintiffs, charges, sentences, fines and act as a general
assistant to the Police Judge.
ADMINISTRATIVE ASSISTANT - Reports directly to the Manager and assists the
Manager in all of his assigned duties, as the Manager determines. Acts as
city's public relations and press officer. He shall report the results of
elections, athletic contests, press and music activities, and any other
information regarding the operation of the city government. He should make
this daily report to the City Reporter.
CITY MANAGER - A City Manager is usually hired on a professional basis to
administer city affairs. He is the chief administrator of the city. He
shall appoint officials with the consent of the city commission, be
responsible for the total budget, hire and fire all department directors,
suggest salaries and other financial obligations of the commission, be
responsible to the commission for all actions, coordinate and help plan the
functions of the city departments, appoint his own assistants such as city
parliamentarian and administrative assistant, supervise all personnel and
hold them responsible for proper performance of their
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duties. He shall submit a report of his activities to the Clerk of
Commission for inclusion in the model city report. The model city award
will be given to the City Manager in a city with the Commission Manager form
of government.
CITY ORDINANCES may be drawn up by any official or citizen of a city. An
ordinance must be approved by the city council before it becomes effective.
All ordinances must be submitted on forms that can be obtained from the
City Counselor. Ordinances may help determine the model city award. Back
FUNCTIONS AND DUTIES OF
COUNTY OFFICIALS
COUNTY COMMISSIONERS - (Three to be elected) Shall meet as a board and
elect one of their number chairman. Have supervision over all county
matters including determination of mill levies, approval of county budgets,
and establishing of roads. Shall review election results and act as a
canvassing board.
COUNTY TREASURER - Shall receive, disburse, and act as custodian of all
County funds. If required, he shall assist the County Commissioners in
fiscal planning, and shall serve as general clerical assistant to the
Counselor in supervising the county program.
COUNTY CLERK AND RECORDER - Shall maintain all official records within the
county, including all property transfers. Shall serve as an official
custodian of all clerical supplies, bulletins and publications used by
county officials.
COUNTY ASSESSOR - Shall prepare an assessment roll for the county,
including all citizens, and shall determine the taxable value of those
properties taxed within the county.
-COUNTY SURVEYOR - Shall make a general survey of grounds, building area
and general physical status of Boys State, and shall assist the County
Commissioners in planning roads and areas for future development within the
county.
CLERK OF DISTRICT COURT - Shall serve and assist the District Judge in
carrying out the functions of the District Court. Keeps official records of
all District Court proceedings.
SHERIFF - Is the chief law enforcement agent in the county. Shall be
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responsible for the general conduct of the citizens of his own county.
Although his main responsibility lies in his own county, he may arrest any
citizen of any county when they are violating the law in his presence. Acts
as executive agent of the County Court and serves writs, warrants, and
subpoenas when called upon to do so.
COUNTY ATTORNEY - Acts as legal advisor to all county officials.
Investigates crimes either upon his own initiatives or upon the complaint
of citizens, and may institute criminal actions in the court. Prosecutes
all citizens charged with violations of state laws and represents the
county in all suits to which any of its officers are made a party. Brings
to trail any public official properly accused of misconduct in office
COUNTY SUPERINTENDENT OF SCHOOLS - Shall apportion school money in the
county and publish appropriate financial statements. Shall propose for
adoption by county schools, a program for teacher training and modernizing
of curriculums, teaching methods, and school facilities.
COUNTY AUDITOR - Shall assist in the preparation of the various county
budgets as required and shall perform an audit on the expenditures of
county officials. Shall prepare a report for submission to the county
commissioners indicating methods of improving the efficiency and economy of
county government.
DISTRICT JUDGE - Shall be the presiding judge over the District Court and
shall have jurisdiction over both criminal and civil matters.
(See page on court procedure)
APPOINTIVE OFFICERS:
COUNTY TREASURER - One deputy as general assistant.
COUNTY CLERK AND RECORDER - One deputy as general assistant.
SHERIFF - Two deputies.
COUNTY ATTORNEY - One assistant. Back
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FUNCTIONS AND DUTIES OF
STATE OFFICIALS
GOVERNOR - He shall inform the legislature of the conditions of the state
and recommend measures that he may deem expedient. Shall be responsible for
proper supervision of appointive officials. He shall sign or veto all bills
passed by the legislature. The power of veto must be exercised within two
hours from the time a bill reaches his desk; otherwise, the bill becomes a
law without his signature. A bill vetoed by the governor may be enacted
into law upon the vote of two-thirds of the membership of both houses of
the legislature.
LIEUTENANT GOVERNOR - He shall act as governor when the Governor is absent
from the immediate environs of Boys State, and when the office of governor
is vacated by impeachment, failure to qualify, disability or felonious
conduct of the Governor.
SECRETARY OF STATE - He has charge of all records of Boys State and shall
attest all executive orders, commissions, and certificates issued by the
Governor. He shall work with the Chief Counselor of Boys State and shall
assist him in compiling summarized reports of the various activities of
Boys State government.. He shall also prepare a complete summary of Boys
State legislation.
ATTORNEY GENERAL - Legal advisor of all state officials and agencies.
Represents the state in all suits or legal actions in which the state is a
party. He shall act as general assistant to the Chief Law Counselor.
AUDITOR - Keeps a record of all Boys State government transactions and
disburses state monies. He shall assist the Boys State Citizen's Bank in an
audit of its records.
SUPERINTENDENT OF PUBLIC INSTRUCTION - He shall provide the Governor with
state school information and recommendations concerning education. He shall
conduct an investigation among the Boys State citizens concerning their
attitude toward the program, and shall seek constructive suggestions as
well as critical comments. A final report of his findings is due for
submission to the Legislature during its last session.
CHIEF JUSTICE OF THE SUPREME COURT - In addition to hearing cases with the
other Justices, the Chief Justice is responsible for setting the court
calendar and for the orderly disposition of the cases.
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ASSOCIATE JUSTICE OF THE SUPREME COURT - (6to be elected) Associate
Justices hear and decide cases coming before the Supreme Court on appeal
from district courts. The Justices are responsible for writing their
decisions.
CLERK OF SUPREME COURT - Under the direction of the Chief Justice, he shall
organize a docket, set a calendar and keep a record of all cases appealed
to the Supreme Court. He shall keep a record of all proceedings of all
cases heard before the Court.
PUBLIC SERVICE COMMISSION - The commission consists of five members elected
at large and will elect one of its members as chairman. They shall
investigate all matters of public utilities, railroads, and common carriers
which pertain to the function of Boys State. They shall review
transportation facilities to and from Boys State and will make
recommendations to the Governor.
APPOINTIVE OFFICERS
The following appointments will be made by the officials shown below:
GOVERNOR - Budget Director, Administrative Assistant, Press Secretary,
Legislative Assistant and Secretary.
LIEUTENANT GOVERNOR - Secretary.
SECRETARY OF STATE - Assistant Secretary of State.
ATTORNEY GENERAL - Two Assistants.
AUDITOR - Assistant Auditor.
SUPERINTENDENT OF PUBLIC INSTRUCTION - Two Assistants. CLERK OF SUPREME
COURT - Bailiff.
PUBLIC SERVICE COMMISSION - Secretary. Back
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PROCEDURE -
HOUSE OF REPRESENTATIVES AND SENATE
After the House and Senate have convened, and the members duly sworn in and
the officers of each body elected, the Speaker of the House and the
President of the Senate will appoint the following Standing Committees.
Committees of the House will consist of 12 members. Committees of the
Senate will consist of 6 members. Committee Chairman will be selected at
the Majority party caucus.
1. Judiciary and Rules
2. Finance and Taxation
3. Local Gov. and Boys State
4. Education and Employment
5. Agriculture and Highways
6. Public Health and Safety
7. Elections and Federal Relations
8. Natural Resources and Fish & Game
The House and Senate will then be ready for business which shall be
transacted as follows:
ORDER OF BUSINESS
1. Call to Order (President of Senate - Speaker of the House)
2. Roll Call.
3. Prayer by Chaplain.
4. Messages from Governor or Other Legislative Body.
5. Committees appointed and Discharged to Consider Bills Assigned to Them.
6. Committees Return and Session is Reconvened by President or Speaker of
the House.
7. President or Speaker Recognizes Committee Chairman for Committee
Reports. (Chairman are recognized in the order that their committees are
listed.) Each committee chairman begins his report with a motion. If his
committee gave the bill a favorable recommendation the chairman simply says
"Mr. President (Speaker) I move that Senate
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(House) Bill number _________ be placed on the calendar." This motion is
passed without debate since the bill will automatically be debated when it
is reached on the calendar. If the committee voted to recommend to the body
that the bill "Do Not Pass" the chairman should begin his committee
report
"Mr. President (Speaker) I move that the Senate (House) Bill number
_________do not pass." The chairman should then give an explanation of why
the bill should not pass. This motion should be debated by anyone who
disagrees with the committee recommendation since, if the chairman's motion
is passed, the bill will be dead and there will be no other opportunity to
speak for it. If the committee chairman's "Do Not Pass" motion is
voted
down then the committee recommendation is rejected, and the bill is placed
on the calendar.
8. Committee of the Whole - After all the committee reports have been
completed, the bills are then debated in the order in which they are listed
on the calendar. The debate on each bill must begin with a motion. Any
Senator (Representative) after being recognized by the President (Speaker)
"I move Senate (House) Bill _________do pass." If the motion passes,
the
bill is transmitted to the other legislative body for further consideration
or to the Governor. (If the motion fails, any member may make a motion that
the bill be indefinitely postponed.)
9. Announcements - The President (Speaker) or legislative
counselor may
make announcements or comments before recognizing a
motion to recess
for lunch at the end of the morning legislative session or to adjourn at
the end of the afternoon session.
RULES -
SENATE AND HOUSE OF REPRESENTATIVES
1. The Speaker of the House will preside over all sessions of the House of
Representatives and in his absence the Speaker Pro-Tempore will preside.
The President of the Senate will preside over all sessions of the Senate
and in his absence the President Pro-Tempore will preside, The Speaker, or
the President, whichever the case may be, will decide all questions of
order, subject to appeal by the members.
2. The title of each bill shall be read twice. The first reading shall
occur under order of business number 7 (Committee Reports). The second
shall occur as each bill is reached on the Calendar of the Committee of the
Whole. The readings will be done by a clerk designated by the Speaker or
President.
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3. A motion to amend a bill may be required by the Speaker (President) to
be presented in writing so that it can be read by the clerk before being
debated and voted on.
4. The rules may be suspended by a two-thirds vote of the members elected
to and constituting the House of Representatives or Senate.
5. No member shall speak more than twice on the same motion.
6. After a bill has passed the Committee of the Whole, it shall be
transmitted to the other body where it will be assigned to a standing
committee and debated in due course. Upon passage in the second body it
shall be transmitted to the Governor.
7. The Governor may sign the bill into law or may veto the bill. If he
vetos the bill, the veto message shall be immediately presented to the
House and Senate. The veto may be over ridden by a two-thirds majority in
each House.
8. A resolution which passes both Houses is transmitted to the Secretary of
State and the Governor, and may not be vetoed. Back
(Prepared by the Journal Clerk to accompany bills (or resolutions) passed
and being transmitted to the other body, the Governor, or the the Secretary
of State.
Mr. Speaker (or Mr. President) (or Governor) (or Secretary of State)
I have the honor to advise you that the House of Representatives (Senate)
has this day acted favorably on House Bills (Senate Bills) ____________ and
the same are herewith transmitted to you for your consideration.
Respectfully,
Journal Clerk Back
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PROCEDURE IN COMMITTEE OF THE
WHOLE
MAJORITY FLOOR LEADER places the body in Committee of the Whole with the
motion "Mr. Speaker (Mr. President), I move the House (Senate) resolve
itself into a Committee of the Whole for the consideration of business on
the calendar this day."
SPEAKER (PRESIDENT): "You have heard the motion of the Majority Leader.
All
those in favor of the motion say "AYE," those opposed say
"Nay," The "Ayes" have it and the House (Senate) is now in
Committee of the
Whole and ready to consider the business before us."
SPEAKER (PRESIDENT) continues: Members of the House (Senate) you have
before you for your consideration House (Senate) Bill
number (the
top bill on the calendar). The Clerk will read the title of the bill."
CLERK reads the title of the bill.
SPEAKER (PRESIDENT): "The Speaker (President) will now entertain a motion on the bill."
SPONSOR OF THE BILL stands and makes the following motion: "Mr. Speaker
(President) I move House (Senate) Bill
number do pass." He then
goes on to explain the bill and why it should be passed.
SPEAKER (PRESIDENT) recognizes those who wish to speak for or against the
motion. When the debate appears to be ended the Speaker (President) says:
"Does any other member wish to speak on this
motion9 If not then
Representative (Senator
(the person who made the motion) is now recognized to make a closing
comment." Following the close of debate the speaker (President) says:
"Members of the House (Senate) you have heard the motion that House
(Senate) Bill do pass. Those in favor of the motion please say "AYE,"
those
opposed say "NAY." The "AYEs" (NAYS) have it and the motion
passes (fails).
If the motion passes the Speaker (President) moves on to the next bill on
the calendar. If the motion fails some member must be recognized to make
the following motion: "Mr. Speaker (President) as a substitute motion I
move that further consideration of House (Senate) Bill
number_______be indefinitely postponed." This motion is also debatable.
When it is passed the bill is disposed of ("Killed") and the Speaker
(President) can move on to the next bill.
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After all the bills on the calendar have been considered and voted on, the
Speaker (President) recognizes the Majority Leader who moves: MAJORITY
LEADER: "Mr. Speaker (President) I move the House of Representatives
(Senate) stand in recess."
SPEAKER (PRESIDENT): "You have heard the motion by the Majority Leader.
Those in favor please vote "AYE." Those opposed vote "NAY."
The "AYEs" have
it and the motion passes. The Speaker (President) then announces when the
House (Senate) will reconvene. (Usually after lunch).
The transmittal deadline is 12:30p.m. Friday. All bills must be acted on
and all bills passed shall be transmitted to the other House by this time.
The afternoon session is conducted just like the morning session. The bills
from the other body are sent to the standing committees, the committee
chairman make their reports, the Majority Leader places the body into the
Committee of the Whole and the bills are debated and passed or killed.
Bills which are passed by both the Senate and the House of Representatives
are delivered to the Governor for his approval or veto.
Upon completion of the business of the afternoon session the Majority
Leader moves that the House (Senate) "stand adjourned sine die"
(rather
than "stand in recess" as he moved at the conclusion of the morning
session).
The motion to adjourn, if passed, concludes the session. No motion to
recess or adjourn may be passed without the concurrence of the legislative
counselor.
BRING PENCILS, PENS AND PAPER TO THE HOUSE & SENATE SESSION. Back
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THE JUDICIAL SYSTEM
The Judicial System at Boys State is patterned after the judiciary of the
State of Montana, with, of course, the necessary simplification of
procedure to make a practical program possible.
The success and value, and indeed the fun, of a workable Boys State court
system is dependent upon those of you who are interested in the program.
First of all, the various courts must be immediately organized. This is not
only the responsibility of the elected Judges, Clerks and County and City
Attorneys, but is the responsibility of every Boys State "lawyer",
i.e.,
every boy attending the law session under the direction of the Law
Counselor. In Boys State, as in the State of Montana, every attorney is an
officer of the Court, and his duties and responsibilities parallel those of
the elected Court officials. Back
THE POLICE COURT
As heretofore indicated, each city of Boys State has a Police Court, headed
by an elected Police Judge, and the officers of which are the City
Attorney, Chief of Police and City Clerk of Court. In this Court will be
tried cases in which violations of the city ordinances have occurred. The
city Attorney will prosecute violations on behalf of the city. A simplified
procedure involves the filing of a complaint by any citizen, the issuance
of a warrant of arrest by the judge, the actual arrest by an officer, and
the arraignment of the accused, at which he pleads "guilty" or
"not
guilty". If the accused pleads guilty, it will be the duty of the Judge to
pass sentence upon him in accordance with ordinances. Punishment may be by
fines or imprisonment, or both. The Police Judge has the power to enforce
his order by placing violators in prison and/or imposing fines upon them;
the Chief of Police is responsible for enforcing the Judge's orders. If the
accused pleads "not guilty", it will be up to the Judge to set his
case for
trial. He must give the accused the opportunity of obtaining an attorney.
He must direct the Chief of Police to select a panel of 6 citizens who will
constitute the jury panel.
When the case is finally set for trial, the City Clerk, or the Chief of
Police should call the court to order, the Judge enters, and the trial
commences.
When the jury is finally selected, they will be sworn by the clerk. The
oath, in substance, is that they and each of them will well and truly try
the verdict based on the evidence.
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The City Attorney will then address the jury, telling them what he expects
to prove. He will then call his witnesses, and examine them. The defense
counsel will have the right to cross-examine each witness. Defense Counsel
then presents his case. He addresses the jury, informing them of what he
expects to prove, then proceeds to call his witnesses. The Defendant may or
may not be a witness for himself. If he elects not to take the stand, the
State cannot compel him to do so.
The City Attorney, of course, has the right to cross-examine witnesses,
just as Defense Counsel did. After the Defense has "rested" the
Defense
Attorney then addresses the jury, and pleads for a "not guilty"
verdict.
The City Attorney then sums up his case to the jury, and, of course, asks
for a "guilty" verdict.
Following the summations of each side, the jury retires to make their
decision called a "verdict". On the violations of city ordinances and
other
small offenses which will arise in Boys State, the verdict, must be
unanimous for conviction. When the jury has reached a verdict, they return
and the elected foreman announces it to the judge who then either imposes
sentence or discharges the defendant, depending on the verdict. The losing
party may demand a poll of the jury to determine how they each vote. Back
There will be a County Court in each County at Boys State. These Courts are
comparable to District Courts in Montana. Montana is divided into 18
judicial districts. The more populated counties comprise a judicial
district in themselves - some have two judges; other judicial districts
comprise as many as seven counties, with the judges moving from county to
county.
At Boys State the District Judges will be elected on a nonpartisan ballot.
When elected, the judges should immediately organize their court. They will
be assisted by the Clerk of Court, the Sheriff and the County Attorney.
Criminal actions in District court are commenced by the filing of an
indictment or information by the County Attorney, charging the accused with
a particular offense. The trial will proceed as in the Police Court, except
that the Jury should consist of 12. The jury only determines the facts
involved in the case, and does not determine the law questions.
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Some cases will not originate in District Court, but will have come up from
Police Court on "appeal". Thus, if in Police Court, "A" has
lost his case
to "B" he may appeal it to the District Court of his County.
The Sheriff is the chief law enforcement officer of District Court, and
under the direction of the Judge he and/or his deputies will keep order,
serve subpoenas or witnesses, etc.
Civil matters in District Court are commenced by the filing with the Clerk
of Court of a complaint. The Clerk thereupon issues summons on the named
defendant, a copy of which, together with a copy of the complaint, is
served on the defendant by the sheriff. Back
THE SUPREME COURT
Undoubtedly some of the cases tried in Police Court and District Court of
Boys State will reach the Supreme Court for final determination.
As discussed under "State Government" the election of Chief Justice
and
Associate Justices of Boys State is on a non-partisan basis. Boys State
Supreme Court is organized and will function exactly like the Supreme Court
of Montana.
The Supreme Court is primarily a court of "Appellate" jurisdiction,
i.e.,
they simply review the acts and decisions of the lower courts to determine
whether or not the lower court has committed an error of law. There are a
few instances where the Supreme Court has original jurisdiction, such as
injunctions, habeas corpus and others, but in Boys State, the Supreme
Court will be concerned primarily with cases coming upon appeal.
Lawyers in Boys State are especially urged to conduct themselves with
dignity and courtesy at all times. There are a number of more or less
stereotyped phrases of judicial courtesy which have become traditional with
the legal profession. When making opening remarks to the Court, always say
"May it please the Court." Always address the Judge of Justice as
"Your
Honor". Address the opposing attorney as "Counsel". When making
objections,
do it politely, simply say, "Your Honor, we object to this evidence on the
ground and for what reason then state the reason.
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PARLIAMENTARY PROCEDURES
BOYS STATE
MOTIONS
1. MAIN MOTION - A class of motions which places new business before the
assembly.
2. DO PASS - This is a main motion and is used when it is desired to
confirm or make valid some action which requires the approval to make it
valid.
3. DO NO PASS - Opposite of a do pass motion.
4. TO POSTPONE INDEFINITELY-This is a motion to kill the main motion.
5. TO AMEND - Its purpose is to change the main motion.
6. TO TAKE A RECESS - Means just what it says, but there must be a reason.
7. PREVIOUS QUESTION - To stop debate at once and vote on the pending
question, or questions. It requires a two-thirds vote.
8. SUSPEND THE RULES - To allow for the late introduction and transmittal
of a bill. It requires a two-thirds vote.
9. TO ADJOURN SINE DIE - Permanent adjournment (no motion to recess or
adjourn may be passed without the occurrence of the Legislative Counselor.)
Back
SEATING ARRANGEMENT IN AUDITORIUM
STAGE
ALDER
BOW &
ARROW
LONGHORN
Rows 1 thru 6 Rows 1 thru
4
Rows 1 thru 4
Plus 6 chairs
LAST CHANCE
GRANITE
HASH KNIFE
Rows 7 thru 12 Rows 5 thru
8
Rows 5 thru 9
TOMAHAWK
POWDER
RIVER
BANNACK
Rows 13 thru 18 Rows 9 thru
12
Rows 10 thru 14
SILVER DOLLAR
COLTER
OX BOW
Row 19 3 Boys Rows 13 thru
16
Rows 15 thru 19
Row 18
SILVER DOLLAR
Rows 17 thru 19
FLAG RAISING FORMATION
6 WIDE - 7 DEEP
SIDEWALK
ALDER BOW &
ARROW
BANNACK SILVER DOLLAR
LAST CHANCE HASH
KNIFE
COLTER OX BOW
LONGHORN POWDER
RIVER
TOMAHAWK GRANITE
(Adm. Bldg.)