Thursday, November 12, 2009

In Honor of Veterans Day

Yesterday, November 11, 2009, I ran into a homeless guy in Missoula and he had a very interesting and sad story to relate. It seems he's a Veteran and homeless and has medical problems
In addition to this, last Friday, November 6, 2009, he was camped 3 miles up Kim Williams trail, where he had been for nearly a month. He said, he had no idea that he was in the Missoula City limits, where it appears that camping out is unlawful (so much for the Boy and Girl scouts camping anyway near Missoula City).
He kept his camp clean, not wanting to attract unwanted attention. He was awakened early Friday morning by Missoula City Police and Missoula Parks and Recreation people and promptly told them he had an outstanding warrant for a misdemeanor (a fine) which he couldn't show up for because of his health issues, so he was taken to County Jail. Before leaving, he asked the police, if his camp site would be unmolested since he was well equiped for the upcoming winter. The police, asumming he would not get out until Monday, said it would still be there when he got out.
Well, he was processed and released again Friday within one hour of his incarceration. But, after walking back to his camp site, he found that his camp and all his winter equipment was gone.
He was angry and destitute, and went to the Missoula Police to report the theft, but has of yet not gotten his equipment or camp back. He believes the Missoula Parks and Recreation people took all his things, as they and the Police were the only ones around.
Hey Missoula, Montana, what happened to our inalienable rights in the City of Missoula?
Montana Constitution, Article ll - Section 3. Inalienable rights. All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways.
In Honor of Veterans Day, I ask, aren't homeless Veteran's people too, under Montana's Constitution? Aren't homeless people?

As always, Think about it and I'd like to encourage your comments about this important topic. Please feel free to ask your City Councilor or Your City Attorney or Your City Employee (this could also apply to County or State) ...

Rick Gold
Missoula, MT

Tuesday, November 10, 2009

The Rule of Law or the The Rule of Arbitrary Governance?

Since it's inception as a state, Montana's Constitution, first drafted when Montana became the forty-first state on November 8, 1889. has been updated by a Constitutional Convention ONLY once in 1972.

Yet, during this time, not once did any of the debates, discussions or other commentaries disclose exactly what is meant by "The Rule of Law of our Montana Constitution."

Generally, in its simplest sense, the rule of law is a system that attempts to protect the rights of citizens from arbitrary and abusive use of government power.

Montana's Supreme Court in COTTINGHAM v STATE BOARD OF EXAMINERS, ETC No. 9869.134 Mont. 1; 328 P.2d 907; 1958 Mont. LEXIS 17 had this to say about "the rule of law in Montana" ...
“This court's plain duty is to see that the constitutional mandate has been obeyed by the Legislature …”"Nor is it any concern of the court whether the act is expedient, wise, or unwise. State ex rel. Bonner v. Dixon, 59 Mont. 58, 195 P. 841. It is legislative power, not policy, that is drawn in question. And while we are mindful of the presumptions in favor of legislative acts, yet, being bound to support, protect, and defend the Constitution, when an enactment transgresses the constitutional limitations beyond a reasonable doubt, it is our solemn and sworn duty to so declare it. We are mindful, too, that the declaration of Constitutions are placed therein to be obeyed, and are not to be frittered away by construction. Less v. City of Butte, 28 Mont. 27, 72 P. 140, 61 L.R.A. 601, 98 Am. St. Rep. 545…”

Yet, time and again, if you ask Montana's Courts, Montana's lawyers or Montana's elected officials, exactly what their Constitutional oath of offices entail or how they are protecting the rights of citizens from arbitrary and abusive use of government power, they will either give you a "non-answer" or totally ignore you.

And ARE Montana's Courts, Montana's lawyers or Montana's elected officials making arbitrary laws and codes against their Constitutional Oaths, which are NOT protecting your basic Constitutional Rights?

I for one say yes, they are. They are "frittering (Our Rights) away by construction" just as the 1958 Montana Supreme Court warned against! Just read some of my earlier posts.

However, it IS of the utmost importance, that you ask these people, yourself, and then, you let others know what you have discovered. Do your best to explain, what happened or is happening in plain English. And then invite others to participate, ask questions, and share their stories.

As always, Think about it and I'd like to encourage your comments about this important topic.

Rick Gold
Missoula, MT