Montana Attorney General Opinion 17-24

Opinion No. 24. Legislature-Appointments of Mem- bership. HELD: The Legislature may ap- portion its membership under the pro- visions of Art. VI, Sec. 2, of the State Constitution. only at the session next following- enumeration by State or United States. January 21,1937. Honorable Samuel Spiegel House of Representatives Capitol Building Helena. Montana My dear 1\1 r. Spiegel: You have requested an opinion a~ to the constitutionalitv of House Bill No. 22. which bill relates to the ap- portionment of the Membership of the House of Representatives. Article 6. Section 2 of the Consti- tution of the State of Montana pro- vides: Article 6, Section 2: "The legislative assembly shall provide by law for an enumeration of the inhabitants of the state in the year 1895, and every tenth year thereafter: and at the session next following such enumeration, and also at the session next following an en- umeration made by the authority of the United States, shall revise and adjust the apportionment for repre- sentatives on the basis of such en- umeration according to ratios to be fixed by law." This constitutional provision pro- vides for an enumeration of the in- habitants of the State in the year 1895, 1905, 1915. 1925 and 1935. No enumeration was made in the year 1935. This section further provides that following such enumeration, and also at the session next following an enumeration made by the authority of the United States, a re-apportion- ment shall be made according to ratios to be fixed by law. The legislature has power to ap- portion the representation at a ses- sion of the legislature under two conditions. First: At a session after an en- umeration in the year 1935. Second: At the session next fol- lowing an enumeration made by the authority of the United States. Inasmuch as there was no en- umeration by the State in the year 1935, and inasmuch as the present session of the legislature cannot be the next session following an enumer- ation. which was made in the year 1930 bv the United States Govern- ment, therefore, this session of the legislature functioning in the year 1937. is not authorized to make a re-apportionment. The history of legislation affecting apportionment shows that such enact- ments were made as follows, Enacted section 1. Chapter 38, Laws 1911; amended Sectinn T. Chapter 192 Laws 1921, reenacted Section 44 R. C. M., 1921. or Session Laws 1921, Chapter 192. In other words, apportionments were made at sessions following Fed- eral census. Therefore, it is my opinion that House Bill No. 22 is in violation of Article 6. Section 2 of the Consti- tution of Montana, in that the pro- posed apportionment is not to be made at a session following either a State of Federal census.