Press Room – Page 42 – The Big Sky Business Journal

5 April 2023

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Companies in the United States that had hoped to become publicly traded have been forced to postpone their plans in part due to the worsening economic climate. This has translated to the U.S. recording one of the biggest historical slumps with initial public offerings (IPO).

In particular, according to data acquired and calculated by Finbold on February 16, the U.S. recorded 181 IPOs in 2022, representing a slump of a whopping 82% from 2021’s 1,035. Notably, the number of IPOs in 2021 represents a surge of about 115% from 2020’s 480. Between 2002 and 2005, the lowest number of IPOs was registered in 2008, at 62, amid the financial crisis.

A breakdown of the 2022 IPO quarterly distribution indicates that the number of companies going public steadily declined as the economy’s fortunes continued to dim. For Q1 2022, there were 80 IPOs, dropping to 18 in the last three months of the year.

During the second quarter, there were 45 IPOs, which plunged to 38 IPOs in the third quarter.

Macro environment hits IPO sector

The research identified how the negative economic performance influenced companies to slow down their intentions to go public. According to the research report:

“From the data, last year proved to be a challenging time for the U.S. IPO market, with the economic uncertainty characterized by rising interest rates and the Federal Reserve’s aggressive monetary policy leaving the markets in a volatile state. With sentiments essentially pointing to a possible recession, companies aiming to go public were kept at bay with the flaring geopolitical tensions and spillover effects from the pandemic.”

As a result of the dip in performance that occurred in 2022, market uncertainty continues to persist, and the majority of enterprises are having trouble navigating the turbulent macro environment.

5 April 2023

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SD Studio, 912 Dorothy Ln, 59105, 690-1230, Susan Martinez, service

Element Skin Therapy, 411 24th St W Ste 113, 59102, 208-7822, Iverson Kialy, service

A’s Auto Detailing, 1724 1st Ave N, 59101, 661-3581, Conner Albright, service

US 48 Capital LLC, 1825 Grand Ave Ste 127, 800-6635, 59102, Mikael Tashchyan, service

Pet Passages, 2223 1st Ave N, 59101, 697-1465, James and Mark Barnes, service

Grizzly Metals, 6624 S Frontage Rd, 59101, 998-8281, Brandon Marks, service

Blackrock Tython LLC, 18 Burlington Ave, 59101, 696-4865, Ricco Brown, real estate rental

Iris Massage and Wellness LLC, 1780 Shiloh Rd #A, 59106, 794-6770, Jysten Thompson, solo practitioner

Lewis Foods LLC, 670 S 24th St W, 59102, 598-6665, Lee Lewis, restaurants

Regenmed MT LLC, 2345 King Ave w Ste D, 59102, 201-9787, Michael Matthews, service

Sports Clips, 315 Main St, 59105, 248-2488, C&B Hauser Inc – Casey Carnahan, cosmetology

Altitude MT LLC, 127 Saddle tree Place, 59106, 200-8204, Cassidy Haberman, service

Michelle Wilkins Massage Therapy, 928 Broadwater #204, 59102, Michelle Wilkins, solo practitioner

Paragon Construction Company MT, LLC, 2656 E Denim Trl, San Tan Valley 85143, 480-364-4300, Crystal Ferns, general contractor

Big Sky Home Rentals LLC, 612 Miles Ave, 59101, 647-0239, Jeff Lasher, real estate rental

Slick Mobile Detail Services LLC, 212 Terry Ave, 59101, 500-6181, service

Yellowstone Narcotics LLC, 3313 Rimrock Rd, 59102, 530-961-2001, Cameron Pavlicek, service

Diamond Auto and Diesel Repair LLC, 830 W Toy Storage Unit C, 59106, 899-2426, Stephanie Johnson, auto business

Elementum Massage, 1629 Ave D Ste A5, 59102, 534-2660, Kyle Buffington, solo practitioner

The Maker’s Market, 4220 State Ave, 59101, 561-3427, Victoria Eichel, retail sales

Elementum Massage (Loretta Lehman), 1929 Ave D Ste A5, 59102, 534-2660, Loretta Lehman, solo practitioner

B-Town Cleaning, 3540 Monad Rd #8, 672-3151, Jonathan Collins, service

Riley Tree Service, 2933 Terry Ave, 59102, 545-8386, Steven Riley, service

Longs Masonry, 2317 Yellowstone Ave, 59102, 794-1948, Alexander Long, general contractor

Beartooth Exterior Cleaning, 5049 Danford Dr, 59106, 839-8736, Jordan Maher, service

Two Lane Services, 548 Orchard Lane, 59101, 561-0849, Lindsey Lane, retail sales

JK Construction MT LLC, 127 Saddle Tree Place, 59106, 200-8283, Cassidy Haberman, general contractor

Matt’s Pest Management LLC, 127 Saddle Tree Place, 59106, 200-8214, Cassidy Haberman, service

Alloy Personal Training, 4011 Montana Sapphire Dr, 59106, 296-6667, Casey Kelly, service

Green FBA Enterprises, 923 Avenue D, 59102, 402-914-7289, Aaron Green, retail sales

DCL Operating LLC (Speedy Ship), 2505 6th Ave N, 59101, 671-8069, Scott Urgin, service

RPM Elite Construction, 3385 Granger Ave S #10, 59102, 509-980-1405, Ryan Meyer, general contractor

Short Corner Capital LLC, 1430 Lynn Ave, 59102, 671-9620, Doug Enderson, real estate rental

Wanderluxe, 182 S 32nd St W Unit 5, 59102, 530-5096, Carissa Cardiff, service

All About You Parties and Events, 3715 Parkhill Dr, 59102, 200-8166, Stephen Marshall, service

Yeaman Lawm Care and Snow Removal, 695 Indian Trail, 59105, 850-2589, Carver Yeoman, service

Higgs LLC, 942 Burlington, 59101, 413-0504, Danielle Higgs, service

RVR Properties, 5087 Dovetail Ave, 59106, 690-0087, Reginald Hague, service

Fever Prep & Paint, 637 Chokecherry Pl, 59102, 201-0075, Dalton Hagadone, service

Empty It out Junk Removal, 2002 Woody Dr #21, 59102, 670-6822, Kristopher Hasler, service

Treasure Home Security Firm, 44 6th St W #5, 59101, 901-8689, John Abraham, service

Cari’s Homemade Bakery LLC, 329 Stewart Court N, 59106, 672-4822, Cari Johnson, retail sales

Glory Wellness Services LLC, 3210 Henesta Dr, 545-3448, Shay Osborne, service

Sum-It Bookkeeping and Mobile Notary Services LLC, 2038 Lewis Ave, 59102, 694-3566, Gina Francis, service

Anderson Towing 10, 1202 S 32nd St W, 59106, 534-2478, Cameron Cochran, service

Anderson Towing 11, 1202 S 32nd St W, 59106, 534-2478, Cameron Cochran, service

Anderson Towing 12, 1202 S 32nd St W, 59106, 855-8661, Cameron Cochran, service

Candace Durand, 2302 rosebud Dr, 59102, 855-8300, Candace Durand, service

PWR Contracting, 928 Broadwater Ave Ste 201, 59101, 208-2697, Koby Jeffers, general contractor

Montana Plants, 421 Sioux Lane, 59105, 661-0322, Tanya Debuff Wallette, retail sales

406 Native Roots, 5320 Vintage Ln, 59106, 876-2086, Alena Hawley, retail sales

IG Cleaning, 4142 Buchanan Ave, 59101, 876-3800, Isaac Guzman, service

Electric Storm Gallery, 405 N 24th St, 59101, 503-970-4981, Taylor Evans, retail sales

Jetset Fitness, 415 Wyoming Ave, 59101, 998-8582, Andrew Jetmore, service

Little Hands Early Learning, 44 Nimitz Dr, 59101, 671-9101, Patrick Wright, service

Daily Dog Hikes, 1224 Lewis Ave, 59102, 702-6992, Aubrey Nesheim, service

Montana Metal Creations, 3433 Pebble Brook Dr, 59101, 794-5961, Michael Volmer, retail sales

Greenhouse Creations, 1010 Moon Valley Rd, 59105, 606-2428, Tamara Nunley, retail sales

Garrett Excavating & Trucking Inc, 629 Rapelje Rd, Columbus 59019, 671-0534, Paul Gairrett, service

Kokaine Kicks, 209 N 29th St, 59101, 661-4294, Jesse Perez, antique and second hand store

Yellow Ball Roofing and Solar LLC, 2617 Meadow Creek Loop, 59105, 200-2093, general contractor

Risingsuns Exterior and Interior LLC, 1015 Shinn Rd, 59105, 839-3369, Irvin Chris Risingsun III, general contractor

Cindy and David Roberts Airbnb, 6046 Norma Jean Ln, 59101, 425-1253, David & Cindy Roberts, real estate rental

Waymire LLC, 942 Burlington Ave, 59101, 200-5999, Katina Waymire, service

Alpine Home Renovations LLC, 5415 Quarry Stone Ave, 59106, 876-5688, Clayton Barrett, general contractor

Diamond Automotive Center (Repair), 2924 1st Ave N, 59101, 856-3970, William Dalton, service

Diamond Automotive Center (Sales), 2924 1st Ave N, 59101, 256-3970, William Dalton, retail sales

Integrity Business Services LLC, 3106 Copper Ridge Place, 59106, 425-2519, Natasha Abel, service

Moon Massage, 605 24th St W Ste 2, 59102, 534-2755, Hui Wang, massage facility license

Business Basics, 3003 Ave F, 59102, 850-3549, Katherine Hemphill, service

MT Counseling, 3610 Barry Dr, 59102, 697-2530, Kristie Thomas, service

Big Sky Backyards, 128 S 28th St, 59101, 545-7327, Alec Schiffner, service

Glassing Custom Construction LLC, 2007 19th St W, 59102, 470-1081, Jonathon Glassing, general contractor

406 Bubble Studz, 930 Rex Ln, 59105, 808-9207, Jazmine Pewitt/Jacquelin Matte, service

Design North Supply, 1300 Lockwood Rd, 59101, 794-1735, Jason Spiller, retail sales

T Castro Guitar Lesson, 208 Terry Ave, 59101, 690-0378, service

Western Sky Billings LLC, 4610 Crescent, 59106, 748-3016, Donald Drake, service

4th Avenue Inn LLC, 2601 4th Ave N, 59101, 855-1745, Craig Barthel, service

Skechers retail USA LLC, 2395 Rosebud Dr, 59102, 545-6121, Rochelle Boykin, retail sales

Alpine exteriors, 2411 Hillner, 59101, 598-8905, Ree Lapham, general contractor

Buckmiller Construction, 3326 Winchell Ln, 59102, 860-5150, Boone Buckmiller, general contractor

Platinum HVAC LLC, 1733 Alderson Ave, 59102, 671-8446, Angelo Mota, service

The Puppy Parlor, 706 Central Ave, 59102, 307-921-9075, Shantel Hessenthaler, service

Mid West Transport LLC, 519 ½ S 32nd St, 59101, 413-5013, Richard Savaria, service

A1 Vending Solutions, 1333 N 27th St Apt 1, 59101, 696-6106, Blaine McCue, retail sales

Heidema & Co, 5724 Yeoman Rd, Shepherd 59079, 860-1941, Blair Walters, retail sales

406 Premier Prep LLC, 1006 Toole Circle, 59105, 350-0887, David Inman, service

MTS Laser & Crafts, 1516 Anchor Ave, 59105, 671-5424, Troy Smith, retail sales

406 Diamond Auto detailing, 313 Stewart Ct, 59105, 670-0246, Yousif Aldabbagh, service

Smartstyle (Main St ), 1649 Main St, 59105, 248-3644, Venita Group, cosmetology

Smartstyle (King Ave), 2525 King Ave West, 59102, 652-3775, Venita Group, cosmetology

KDSellers, 1119 Arlington Ave SW, 59101, 425-0665, David Baumann, retail sales

Esthetics by Julia, 71 25th St W Ste 1, 59102, 647-5697, Julia Lave, service

The Locker Room, 905 Grand Ave, 59102, 850-2893, Travis Carpenter, service

Golden Hollow Cottage STR, 5241 Golden Hollow Rd, 59101, 690-4115, Jason Kleinschmidt, real estate rental

Let’s Get Fresh, 1435 Colton Blvd, 59102, 561-3392, Sharli Kiner, restaurants

5 April 2023

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Montana State University Billings Assistant Professor of Microbiology Madison Collins, Ph.D., is engaging undergraduate students from multiple science and health majors in her groundbreaking research.

Collins’ research involves studying the drug resistant bacterial infection called Methicillin-Resistant Staphylococcus aureus (MRSA), and why it is infecting healthy individuals. This issue received prominent attention when it was discovered that MRSA not only causes nosocomial infections (acquired by patients in hospitals), but that it also has robust capability to infect healthy individuals. Collins’ research teases apart the mechanisms that enable MRSA to infect healthy people, and so far, she has narrowed it down to MRSA’s specific defenses that affect white blood cells. Collins says that if there is a defect in the function of the neutrophils (a type of white blood cell), individuals can experience recurrent staph infections. She also shares data from The Centers for Disease Control and Prevention: Around 12 to 13 million people contract MRSA staph skin infections in the United States per year, and around 11,000 Americans die from MRSA staph infections every year.

A Billings native and a Laurel High School graduate, Collins started her higher education at MSU Billings, then completed her Ph.D. at MSU Bozeman. She got her start in research working on pathogens that infect honeybees, sparking her interest in studying human diseases, which was the focus of her Ph.D. She then went on to conduct post-doctoral work at Rocky Mountain Laboratories, a National Institute of Allergy and Infectious Diseases biomedical research facility in Hamilton, Montana, during the COVID-19 pandemic. As a trained bacteriologist, she worked on numerous COVID-19 projects, helped to create a new infection mesh research model, and worked on another project looking at making human immune systems younger and more efficient. She presented her most recent research findings at the Society for Leukocyte Biology Conference in Hawaii in 2022.

Collins has been teaching at MSU Billings since July 2022, and has not missed a beat. She has already gathered a nontraditional student research team which includes a pre-nursing student, two pre-med students, and one pre-dental student. Two of her students have their own INBRE fellowships, which support their ability to continue to conduct research and contribute to their field. Collins shares that none of these students had prior research experience and she is extremely impressed with their ability to ask questions and learn quickly. “They were hesitant to participate at first, but they are owning their own research,” she says. Collins adds that in the near future, she would like to open additional spots on her research team to more undergraduate students.

Biology major and member of Collins’ research team Dominic Estes says that he enjoys this research because he has the possibility of finding answers to questions that no one knows. He also shares that “Dr. Collins is an amazing instructor. She’s fun and lighthearted but also wants us to learn and understand what we are doing.” Nursing student and research team member Wynter Doyle shares that she was in high school during the COVID-19 pandemic and came to MSUB not knowing how to use a microscope. “The opportunity to work alongside a motivational and patient teacher who was also transitioning during an unfamiliar time in her life, has been a great support system to me. This opportunity has also given me a chance to try something new in college.”

Recently, Collins received a Montana INBRE grant to pilot her MRSA research. Her grant ($80,000) will help move her research forward, and support research costs and fund student researchers. She also received an MSUB CARE grant of $5,000 to support her research last October. Collins contributes her success in securing these grants largely due to the support and mentorship of MSUB Associate Professor of Molecular Biology, Lynn George, Ph.D., who is conducting ALS research with her own student research team.

In her second semester of teaching at MSUB, Collins says that she never thought she would leave Billings to continue her education and never thought she would return. It has now come full circle and she finds it soul fulfilling. “There’s no question that the professors here know every student by their name and I like the close relationships I have with my students,” she shares. “There are many opportunities for students to grow at MSUB and they can really build their own adventure.”

5 April 2023

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Coyote which has recently opened in Columbia Falls, features local art, jewelry, vintage and new clothing, Owner Cody Bauer is a Kalispell native and a Glacier High School graduate from 2009. He spent 12 years in Texas working in the art world. Coyote is located at 510 Nucleus Ave.

Ali Coleman and Marti Moran, owners of Psycle, have planned on opening a spin studio since 2013. Psycle offers 10 classes per week and plans to expand to meet the needs of the community of Lakeside.

The Bureau of Land Management has proposed that the Pryor Mountain wild horse herd would be reduced by about 55 animals next year in the first of several planned “gathers”. These details, along with insight to the herd’s health and genetics were released for public comment recently. Comments on the proposal are being taken through April 14.

Florida-based company Oakwells, opened The Retreat Kitchen & Bar in February at the Helena Regional Airport. Michael Reilly started Oakwells in 2004 after the larger airport operator he worked for at the time began divesting itself of its North American operations. The airport has a full service liquor license that Oakwells successfully applied through the state to use.

The restaurant, La Esquina, which can be found in the Cannery District off of East Oak Street in Bozeman officially opened recently. It will be open Tuesday through Saturday. The goal of La Esquina’s food is to not be complicated, and to continue the recipes honed in Mexico.

The owners of Pho Sai Gon in Bozeman plan to open their new restaurant in late March.. Ryan and Julie Truong are from Saigon, Vietnam, where they learned to make their very popular Pho Sai Gon.

Many Sidney area beet producers already had their seed ordered for the year and the announcement of the plant’s closure leaves producers looking for something new to plant. Beet ground is similar to corn ground so that would be an option, Another viable option would be to switch to silage. Soybean, dry beans, canola, dry peas, safflower, and camelina are other options for the region.

Near Coram, Montana on the Flathead National Forest independent contractors have gathered for a logging operation under contract with Weyerhaeuser. Hundreds of harvested lodgepole pine released a clean, sweet smell with a touch of mint, into the air as they lay in piles on the landing floor. The trees that loggers are harvesting are the trees that grew from the ashes of the Half Moon fire of 1929. . The life cycle of a lodgepole is around 100 years. After that point, the wood becomes lower quality with higher mortality rates.

Ponderosa Pottery, owned by Nicky Shepard and family is designed to give people the space to have fun, grow, and even heal. Ponderosa Pottery in downtown Kalispell is a fully family-owned and operated business as Shepard runs the studio with the help of her husband, Carleton Gritts, and two children, Natalie and Spencer. The studio opened in mid-January and has hosted several workshops and open studio access for more experienced potters.

Co-owners Caleb and Jim Scott, have opened the S Ranch Meats company in Hardin. The group purchased a plant that had been shut down since 1998. S Ranch does not aim to compete with the major packing facilities, but rather to service people interested in quality meat and a healthy, understood product. A plant like S Ranch might process 25 head a week compared with 10,000 head a week at a larger facility.

The Sidney Herald has hired Greg Hitchcock of Gloversville New York as the next editor of the 110 year old newspaper.

Rep. Courtenay Sprunger, R-Kalispell, introduced House Bill 849, which would let businesses lease a liquor license rather than purchase one outright. Sprunger calls it the floating liquor license lease bill. The legislation would let businesses pay a fee to rent a liquor license from the county without going through the steps to purchase it. The bill would apply to cities and towns that have grown by more than 5% between 2016 and 2021, No more than six county all-beverages licenses may be utilized. They will be awarded through a bid system. The license can not be sold or transferred.

The Flathead Valley-based outdoor company Right On Trek is giving adventurers the opportunity to find their perfect trail, collaborate with friends, rent gear, and choose customized backcountry meals. Right On Trek’s meals, which are freeze dried, provide vegetarian, vegan, keto, gluten free and dairy free options so that backpackers can spend less time worrying about their shopping list. No hiker is left behind when it comes to the meal planning process. Right On Trek’s first in industry artificial intelligence meal planner ensures this. The AI tool, which can be found on their website, gives hikers an easy way to create customizable meal kits that they can look forward to after a long day on the trail.

Eddies Corner, the restaurant/bar/convenience store begun by Eddie McConnell in the late 1940s, has been owned by the Bauman family since 1951. After 72 years, the business has a new owner. Lucky Singh, a Utah-based businessman who took over last recently.

Median home prices in Gallatin County decreased 21.1% from February 2022 to February 2023. A year ago the median price was from $868,000 and last month it was $684,682. Also a year ago, homes were on the market for only about 5 days, now it’s about 22 days.

“Visit Southeast Montana” has announced that its free, redesigned 2023 travel guide is now available for order and download. The travel guide features Visit Southeast Montana’s “Out Here” marketing campaign, which describes the the 13 counties and two reservations that make up the Visit Southeast Montana tourism region.

The Bureau of Reclamation awarded a $43,599,090 contract to NW Construction out of Bozeman, to conduct a dam modification to Fresno Dam. Project construction is scheduled to begin in April 2023. Built in 1939 on the Milk River in north-central Montana, the 84-year-old homogenous embankment earth dam has experienced 710 feet of settlement since construction. Reclamation evaluated the risk associated with differential settlement driven cracking and internal erosion and determined that a modification was required. To mitigate the risk, Reclamation will add a sand and gravel filter and toe drain system, with an embankment fill overlay and a vertical sand filter trench.

5 April 2023

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By Glenn Minnis, The Center Square

Nearly two out of every three primarily low-and middle-income parents – 64% – say being able to afford food is their biggest challenge, a new Parents Together Action survey highlights. And 65 percent say they’ve had to change the foods they buy, including purchasing fewer fruits and vegetables.

All told, the nonprofit family advocacy group that counts upwards of 3 million members finds that many parents now fear things could get worse before they get better as food prices continue to rise across the country. The results come as federal food assistance that was expanded during the COVID-19 is set to sunset in March.

Over the past three years, Supplemental Nutrition Assistance Program (SNAP) recipients have received emergency allotments of at least $95 extra per month for food, though those added benefits are set to end by the end of March.

With 41% of respondents saying that they’ve had to work extra hours to make ends meet and an additional 35% insisting they’ve had to go as far as getting a new job, Parents Together Executive Director Ailen Arreaza say the changes are coming as too much too fast for many Americans.

“At a moment when food distribution centers are seeing increases in demand as American families struggle to feed their children, Republican lawmakers are putting families in their political crossfire by threatening to dramatically decrease spending on essential programs like SNAP. The timing of this could not be worse,” she said on the organization’s website. “Further cuts to essential policies helping families to keep food on the table would be unconscionable – and those politicians responsible will pay a political price.”

In the survey taken between Feb. 1 thru Feb. 9, 52% of respondents say they’ve used food banks or similar services to get by and another 36% added that they’ve skipped meals in order to make sure their children could eat.

When quizzed about what can be done to make their lives easier, 63% of respondents said expanding access to programs to help cover the cost of groceries, 46% said lowering the cost of essential goods like diapers, baby formula and period supplies, and 29% said the enactment of paid sick, parental and family leave so families don’t have to choose between caring for their families and making ends meet.

5 April 2023

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Magic City Blues, Montana’s Urban Music Festival, has announced that their premier performance this year will be The String Cheese Incident. Marking its 22nd year, Blues Fest will once again be held at MetraPark, on August 4 & 5.

String Cheese Incident will perform on August 4. JJ Grey & Mofro will close the party on Saturday, August 5. Electrifying artists fill both stages at the festival. Three bands on two stages each night.

Also performing will be: Tee Dee Young, Counting Coup , Sprague Band , Maggie Rose, True Loves, Annika Chambers & Paul Deslauriers, Dammit Lauren, Reggie King Sears And Gable Price and Friends

5 April 2023

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By Rob Natelson

Preliminary note: Public discussion within Montana about the merits of that state’s 1972 constitution is dominated almost entirely by those who benefit from its terms. Many of their depictions of the constitution are imprecise or sanitized. Neither the local media nor public programs typically offer dissenting views.

When Montana state lawmakers recently suggested some amendments, a former governor likened their suggestions to an attack on democracy and representative government. A former state supreme court justice came near to threatening violence.

Rob Natelson served as a professor of law at the University of Montana (1987-2010), where he published scholarly and popular articles on the state constitution and created the first web collection of ratification-era documents. In 2018, after a lengthy investigation, he wrote the only peer-reviewed article ever published on the 1972 adoption process.

(In 2020, Justice Samuel Alito formally relied on some of Natelson’s state constitutional research in Espinoza v. Montana Dep’t of Revenue, 591 U.S. ___ (2020)).

****

For some time now I’ve watched the popular efforts of Montanans to improve their state constitution, and the anguished opposition by figures in Montana’s former political establishment. The response amounts to a sanctimonious “How dare they?”

One example: Former Governor Marc Racicot’s Feb. 1 capitol speech, in which he equated reform efforts with attacks on democracy, republicanism, and the separation of powers.

Let’s get real: It is always the prerogative of the people to fix flaws in their government. And the Montana constitution, like any human creation, has its flaws.

As a law professor at the University of Montana (1987-2010) and as chairman of Montanans for Better Government (1993-1997), I became intimately familiar with those flaws.

Moreover, in 2017-18, I extensively researched the constitution’s adoption, reviewing old newspaper articles, letters, flyers, transcripts, court cases, and other documents. I also conducted personal interviews, including with on-the-scene reporters, one of whom was the late Chuck Johnson. My findings were peer-reviewed and published in the British Journal of American Legal Studies.

From that experience and research, I learned some facts every Montanan should know:

Montana’s original constitution, adopted in 1889, contained important safeguards against cronyism and excessive taxes, spending, and debt. Those safeguards were the product of hard lessons from the entire country.

In the 1960s, liberal special interest groups—such as the National Municipal League—began a national campaign to create new state constitutions that removed restrictions on government. Montana was one of their targets. (Among the others were Illinois, where they were successful, and Texas, where they were not.)

Montana liberal activists joined this campaign. One of their goals was to give government more power to tax, spend, and borrow. Another was to reduce the number of elected offices and increase the number of appointed ones. Still another was to give local governments more power to tax and regulate. There was no secret about any of this.

Although many fine people participated in the 1972 convention, the process was manipulated to achieve some pre-determined results. For example:

* A National Municipal League lobbyist was given extraordinary access to the delegates. Much of the information provided to the delegates came from League sources.

* Other background information and sample constitutions provided to the delegates was selected to promote the preferred conclusions.

* Outside speakers were invited. All were left of center and preached much the same message.

* The famous decision to sit delegates alphabetically impeded the ability of the conservative or skeptical minority to confer with each other.

The overall bias was blatant enough to elicit comment at the time from some newspaper reporters.

Most of the delegates were not equipped to deal with this. None had any real experience in constitution-writing. Few knew that the information they were receiving was unreliable or biased. Sitting lawmakers—who might have been more practical or skeptical—were barred from serving as delegates.

After the convention came the voter referendum. This was carefully structured —in timing, ballot form, etc.—to skew the vote toward approval. Taxpayer money was used to promote ratification. For example, Montana State University used public funds to publish a biased newspaper supplement distributed to tens of thousands of households.

What of the vote itself? In his capitol speech, Mr. Racicot claimed the voters approved the constitution.

But that is doubtful.

My research found that under the approval rules then in effect, the constitution probably failed. Prior to the election, the voters uniformly were told (accurately) that under existing rules, if they cast ballots on other issues but abstained from the constitutional question, their abstention would be counted as a “no.” And, in fact, the number of “nos” and “abstentions” easily outnumbered the “yeses.”

What happened next was astonishing: In defiance of the rules—and over the objection of the Democratic secretary of state—the Democratic governor purported to “certify” a victory for the constitution. Without lower court review, the issue then went to the Montana Supreme Court. The justices upheld the constitution—but only by a bare 3-2 majority. This apparently reversed an earlier in-chambers tally of 2-3. Some have reason to believe there was improper political pressure on the swing justice.

Of course, that defective referendum is not reversible at this late date. Still, it is altogether appropriate for Montanans to address some of the constitution’s defects.

Among the defects are:

* lack of sufficient control on taxes and spending,

* language that is overly protective of favored portions of the bureaucracy; and

* vague, contradictory, and meaningless language that encourages judicial lawmaking.

In my view, the last represents a real crisis: Some state court decisions are entirely inappropriate and endanger democratic self-governance.

In his capitol speech, Mr. Racicot emphasized the need for civil discourse. I agree. But a prerequisite to civil discourse is for the constitution’s celebrants to drop the sanctimony—and recognize that there is more than one side to this important debate.

Author: Press Room

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