Author: Evelyn Pyburn

Housing Solution Quite Simple

22 July 2024
Evelyn Pyburn
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By Evelyn Pyburn

As we see, in our own fair cities, massive apartment buildings towering above the streets for blocks and blocks, looking more like prison walls than a place to live, we have to realize that life has changed for each and every citizen in the United States. And, it is a dilemma of our own making – the cause for which our “leaders” are stubbornly refusing to correct even though they have accurately identified the cause.

I recall watching movies filmed in other countries with scenes of shoebox style apartment buildings lining streets for huge quadrants of a city – stark and dreary and depressing places — and I thought “that’s because their standard of living is so far below that of ours in the US.” Seeing the same thing now in the US as the acceptable solution to a nationwide housing shortage, has to be for the same reason. We are being pushed into a lower standard of living.

All the other reasons that are often given, such as development costs, rising costs of construction, supply line shortages, etc. point to but one problem – artificial disruptions in the market – disruptions that are caused by centralized planning and political manipulations. That conclusion is inescapable, if one understands that the free market is inexorable. The free market responds to “supply and demand” faster than the blink of an eye, if not artificially prohibited by regulators and politicians. In fact, if one watches closely, one sees that keeping up with rapid market changes is the biggest challenge for those trying to control it.

So the question: “Why isn’t the market responding to the huge, huge demand for housing?” There is only one answer, market barriers, which means but one thing — government.

That was in fact the answer that the special committee established by Montana’s governor came up with, after studying the matter. Regulations!

The conclusion should not have been surprising if one listens to builders and contractors and industry professionals. At every opportunity, for many, many years, they have proclaimed as much. During the last effort to “re-code” building regulations in Billings, input from the building industry was essentially shut out in favor of those who use the codes to achieve goals other than affordable or “safe” housing. For them the codes are not there to serve housing or traffic safety, but to fulfill quests for power over others, esthetic wishes, ideologies, and partisan goals of bureaucrats. They are imposed from the top down, without regard to cost, property rights, or any other kind of loss to the consumer.

No one should be surprised at the committee’s conclusion about over regulation, but what is astounding is how little they recommended for change. While building codes — mandating the placement of every board and nail, building shapes and size, fencing and landscaping — easily fill volumes of legal language, the committee found very little that should be changed in that area. Basically, their biggest conclusion was that regulations need to be changed so that builders can more easily build the high-rise, shoebox, wall apartments, which seems to be the future envisioned of how peons should live. No more quaint little cottages on tree-lined streets with flowers and picket fences, with children and pets and neighbors playing and visiting in the yards.

Shoebox apartments are NOT what consumers are demanding, but it is what the regulators of supply are insisting we accept. This is not the market place at work. It is government controlling the people. Given a free market, and the freedom to innovate, create and experiment, and protection of property rights, there is no doubt that the building industry would solve the housing crisis in a nanosecond. The free market ALWAYS works. But first it needs to be free.

Dig It Days, August 16 & 17

22 July 2024
Evelyn Pyburn
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It’s Time for Dig It Days

As summer is once again upon us, it’s time to mark the calendar for Dig It Days.  As before, Dig It Days will be on the last two days of Montana Fair, Friday and Saturday, August 16 and 17, from noon to 6 pm.

And, new this year is the option of getting free tickets into Montana Fair from Dig It Days Sponsors. That means everything is free because there is no charge for the fun at Dig It Days.

Produced by Yellowstone Family and Yellowstone County News, “Dig It Days!” has been a bigger and bigger hit every year since its beginning four years ago. And why wouldn’t it be? It’s an opportunity for kids to explore, climb on, “drive”, take pictures and fantasize about every kind of dirt-moving, heavy equipment imaginable. It is wholly sponsored by equipment dealers, contractors and other businesses involved in the construction industry. It’s meant to introduce youngsters to the construction industry. It’s also a fundraiser for scholarships and an opportunity to talk to prospective employers or colleges. Those interested in future employment in the construction industry can meet company representatives and employers from all aspects of the industry, who will be present to answer questions and provide information.

Kids of all ages have an opportunity to operate back hoes and excavators, under supervision of experienced operators  — and some of those kids are “oldsters” who have always wanted to try their hand at operating one of the big machines. 

Also, a very popular feature is “Sand Mountain,” where kids can play and dig in the sand to their heart’s content. Lucky dirt diggers may find treasures that win great prizes.

There will be numerous activity booths which offer hands- on -experiences and with prizes and give-aways.

 The static displays of big machinery are available, courtesy of area dealers, such as RDO equipment Co. Tri-state Truck & Equipment, Modern Machinery, Equipment Share, Torgersons, Arnold Machinery and more,

A big Sand Mountain will be in the midst of it all.

Dig It Days will give away t-shirts for kids and adults each day, construction hats and stickers, on a first-come bases.

Dig It Days was launched in 2019 by Yellowstone Family, Yellowstone County News’ non-profit foundation, with the goal of providing wholesome family fun, educational and constructive opportunities while supporting worthwhile programs for youth and other needs in the community.

MontanaFair runs for nine days, August  9-17. Free entry tickets to Montana Fair may be picked up at one of Dig It Days many sponsors. The free vouchers are for Friday noon – 2pm only.

To be a sponsor or for more information call Jonathan McNiven at (406) 348-2650 or visit www.digitdays.org.

Arraignment Court Planned

22 July 2024
Evelyn Pyburn
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By Evelyn Pyburn

Some time this summer Yellowstone County will initiate an arraignment court.

The need for an arraignment court in Yellowstone County has been growing and it will become essential once the proposed short-term holding facility becomes a reality, according to Yellowstone County’s Justice of the Peace David Carter.

Judge Carter is currently in the process of gathering data about how many defendants pass through the courts  – municipal courts of Billings or Laurel, justice court, and district courts  — each week. “We are trying to see what the work load will look like and how to manage it on a daily basis,” said Judge Carter.

“This is significant change,” said Carter, pointing out that it will affect almost all aspects of how the court system operates, requiring a lot of changes of judges, clerks, detectives and law enforcement officers.  “We are going to try it this summer. There will be some trial and error,” he said.

This will be the first arraignment court in Montana. It is meant to address the needs of the short term holding facility that the county and city have collaborated to build. The county accepted applications this week for a general contractor to oversee its construction, which is anticipated to take about a year. The facility will hold inmates for only 72 hours. It is viewed as one of the solutions to the over-crowed jail that serves Yellowstone County. It will enable law enforcement to arrest and hold those perpetrating minor offenses, for whom in the past they have not been able to jail because of having no place to hold them.

A primary goal of having an arraignment court is to relieve some of the pressure on the processing requirements in the other courts.

What’s an arraignment court?

It’s a defendant’s first appearance in court – the first time they appear before a judge. Judge Carter said anyone having seen the television show “Night Court” may have an idea what it is, but the arraignment court for Yellowstone County is not going to be held at night – nor will it have Judge Harry Stone or a “Bull” Shannon.

In many larger court systems the defendant is arraigned before they ever go to jail, but if that doesn’t happen, the arraignment still must happen within a reasonable period of time after arrest, usually within 48 to 72 hours. The short term holding facility creates a need for the arraignment to happen very promptly.

During the arraignment, a defendant is formally advised of the criminal charges against him, informed of his rights, and may be asked to enter a plea to the charges. The court may also decide at arraignment whether the defendant will be released pending trial.

It involves a process of sorting out the charges against a defendant in accordance with state laws or local ordinances, looking at their criminal record and determining, if there are other outstanding charges, misdemeanors or felons. Quite often a defendant does have other pending charges and perhaps outstanding warrants, or instances of having failed to appear in court, explained Carter. “Someone may be on probation, have felonies or is a fugitive. A lot of people arrested in Billings have warrants from other cities or from outside the state,” explained Judge Carter. Determining those facts dictates in which court – municipal, justice or district — they are charged and what the charges will be, making sure there are no contradictions in the records.

Oversight of an arraignment court must be an attorney who is either elected or appointed by the County Commissioners. Besides deciding the charges and the court, they decide  such things as whether there will be a bond and if so how much, or will the defendant be required to have a GPS ankle bracelet or will there be alcohol monitoring, etc.

The goal is to harmonize their appearance in court and to communicate what they have to do, set a schedule and to direct the right pace to go,” said Judge Carter.  The point is “to cycle people through quickly and not to have wasted space.”

Arraignment Court Being Planned

22 July 2024
Evelyn Pyburn
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by Evelyn Pyburn

Some time this summer Yellowstone County will initiate an arraignment court.

The need for an arraignment court in Yellowstone County has been growing and it will become essential once the proposed short-term holding facility becomes a reality, according to Yellowstone County’s Justice of the Peace David Carter.

Judge Carter is currently in the process of gathering data about how many defendants pass through the courts  – municipal courts of Billings or Laurel, justice court, and district courts  — each week. “We are trying to see what the work load will look like and how to manage it on a daily basis,” said Judge Carter.

“This is significant change,” said Carter, pointing out that it will affect almost all aspects of how the court system operates, requiring a lot of changes of judges, clerks, detectives and law enforcement officers.  “We are going to try it this summer. There will be some trial and error,” he said.

This will be the first arraignment court in Montana. It is meant to address the needs of the short term holding facility that the county and city have collaborated to build. The county accepted applications this week for a general contractor to oversee its construction, which is anticipated to take about a year. The facility will hold inmates for only 72 hours. It is viewed as one of the solutions to the over-crowed jail that serves Yellowstone County. It will enable law enforcement to arrest and hold those perpetrating minor offenses, for whom in the past they have not been able to jail because of having no place to hold them.

A primary goal of having an arraignment court is to relieve some of the pressure on the processing requirements in the other courts.

What’s an arraignment court?

It’s a defendant’s first appearance in court – the first time they appear before a judge. Judge Carter said anyone having seen the television show “Night Court” may have an idea what it is, but the arraignment court for Yellowstone County is not going to be held at night – nor will it have Judge Harry Stone or a “Bull” Shannon.

In many larger court systems the defendant is arraigned before they ever go to jail, but if that doesn’t happen, the arraignment still must happen within a reasonable period of time after arrest, usually within 48 to 72 hours. The short term holding facility creates a need for the arraignment to happen very promptly.

During the arraignment, a defendant is formally advised of the criminal charges against him, informed of his rights, and may be asked to enter a plea to the charges. The court may also decide at arraignment whether the defendant will be released pending trial.

It involves a process of sorting out the charges against a defendant in accordance with state laws or local ordinances, looking at their criminal record and determining, if there are other outstanding charges, misdemeanors or felons. Quite often a defendant does have other pending charges and perhaps outstanding warrants, or instances of having failed to appear in court, explained Carter. “Someone may be on probation, have felonies or is a fugitive. A lot of people arrested in Billings have warrants from other cities or from outside the state,” explained Judge Carter. Determining those facts dictates in which court – municipal, justice or district — they are charged and what the charges will be, making sure there are no contradictions in the records.

Oversight of an arraignment court must be an attorney who is either elected or appointed by the County Commissioners. Besides deciding the charges and the court, they decide  such things as whether there will be a bond and if so how much, or will the defendant be required to have a GPS ankle bracelet or will there be alcohol monitoring, etc.

The goal is to harmonize their appearance in court and to communicate what they have to do, set a schedule and to direct the right pace to go,” said Judge Carter.  The point is “to cycle people through quickly and not to have wasted space.”

100 Years! 5 Generations! Eight States! Dominates Business

20 July 2024
Evelyn Pyburn
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By Evelyn Pyburn

One of Billings’ biggest and more thriving businesses is celebrating their 100th birthday. A & I Distributing may not be a readily recognized name for those not involved in the automotive business, but be assured if you own any kind of a vehicle you most likely have used a product they have distributed, as have many others throughout the eight state region they serve from their headquarters at 900 1st Ave North in Billings.

A & I Distributing is a fifth generation, family-owned and operated business. It was essentially started in 1924 with the involvement of Don Stanaway’s father, Frank, and today two of Don’s sons and two grandsons manage the business – with great grandkids in the wings. They are joined by some 242 employees, many of whom have been with the company for a significant number of those 100 years.

A couple hundred employees and customers attended a 100 year celebration last Tuesday, and numerous other celebrations will be held in other communities throughout their service region this summer.

1924 was the era in which the automobile market was beginning to get sound footing. People were beginning to realize that the automobile was here to stay, and indeed was changing the world forever.

Cars were quickly becoming a major source of freedom, adventure, and leisure, significantly improving the standard of living and altering urban development. But even at that, as a company brochure reminds, it was a time when there were “few cars, and less roads” and it took three to four days to travel 90 miles, “depending on how many flat tires you had.”

Transportation was in full swing of transitioning from the horse and buggy era.  Manufacturers had found ways to make cars more efficient, and safer to drive. Roads were being designed and constructed for automobiles.  Tunnels were being built and entrepreneurs were building gas service stations everywhere, to serve a rapidly growing need.

The company saw its nebulous beginnings when P. E. Crawley, realizing that the industry needed more than gasoline, started a distributorship of other automotive supplies. Crawley, an English boxer from London, started Crawley Motor Supply in Butte.” The small company sold tires, tire “boots,” and tube patches. In 1926 they expanded their line to include motor oil and greases. It gained the Pennzoil distributorship.

Today, A & I dominates the passenger car motor oil distribution business in the United States.

The secret to the company’s success? One thing, explained Stanaway is  “you have to keep up with the times.” That means hiring young people with new ideas and retaining older people “with a blend of caution and ‘show me.’”

 There are two parts to the business: passenger car motor oil, and commercial and industrial. A & I Distributors is the bulk packager of the four leading brands – Pennzoil, Castrol, Quaker State and Valvoline. It also has its own private label, “Service Pro PCMO” and “Purus C & I,” along with other brands such as Motorcraft, Shell, Citgo and Lucas.

Frank Stanaway’s younger brother, H. R. (Bud) Stanaway, started working at Crawley Motor Supply in 1927 as a tire mounter, shipping and receiving clerk, and in sales. Despite the Great Depression and severe drought in the 1930s, the company grew, with Bud and others working seven days a week, 12-14 hours a day.

Frank joined the company and in 1937 and moved to Billings to open the Billings branch. A branch was also opened in Great Falls, managed by Ken Lord. That was the same year that seven-year-old Stan started traveling the roads of Montana with his Dad making sales calls, while his mother, Lillian, took orders and ran the Billings branch.

In 1941, the attack on Pearl Harbor happened and WWII began. Bud, Frank and Lillian Stanaway and Ken Lord worked day and night to keep the company going through those troubled years.

Don Stanaway returned home from the Korean War and joined A & I. Frank Stanaway died in 1956 and his widow, Lillian, and Don took over the leadership roles in Billings.

In 1975, Crawley Motor Supply was dissolved and Automotive & Industrial Distributors became the principle owner of the corporation. By 1985, A & I Distributors of Billings had acquired the Butte and Great Falls operations.

From there, the company began expanding, opening branch office in Bismarck, Missoula, Spokane, Rapid City, Boise and Pocatello, Portland, and Arlington, Washington.

Don is especially proud of his family and their achievements, especially those prior to joining A & I. While both sons, very much like their father, grew up in the business, each son pursued full-fledged professional careers before retiring and returning to A & I.  Scott Stanaway, now President of A & I, had a 30 year career as an attorney, and Skip Stanaway, now Chairman of A & I, was an architect.

Grandsons, Tucker and Tate finished college and then in 2006 they opened an A & I branch in Oregon, and invited their father to join them. They started it from scratch, says Don proudly, and are doing quite well.

And, just in case, one is tempted to think the company is resting on its laurels – Tucker and Tate started the Arlington, Washington branch in 2023. Again, from scratch. The branch opened without a single customer but the potential is exciting. Don points out that there are more people and cars in the area of Arlington than there are in “all the other states put together.”

A & I has a “huge number” of trucks. Don explained, “We deliver to every town, once a week”, from the Minnesota border to Arlington, Washington. Just in case your counting  that is a stretch of 1,273 miles.

When asked what is the most significant change he has seen over the years, Don readily pointed to regulations. “It has increased dramatically.” As a case in point, Don explained that only a couple years ago one driver did all the paper work required by the Department of Transportation. “Today we have three full time people doing paper work for the same number of trucks.”

Another regulation comes from OSHA. Every morning every truck driver has to sign a statement saying they have crawled under their trucks and inspected for safety issues. That’s not so bad on a nice day, but what about when its ten below and there is two feet of snow on the ground, questions Don.

A requirement that a driver can only drive a certain number of hours is often very costly. For example, if a driver expends his allotted hours and is sitting in Sheridan, Wyoming – two hours from Billings — another driver must drive to Sheridan to pick him up. And while that may be burdensome enough for a company like A & I which is hauling cases or oil and other supplies, “What if you have a load of cattle?” asks Don

It is apparent in conversation with Don Stanaway that he keeps up on the most current regulations and political and economic issues that impact his business – and many other businesses for that matter.

One of the issues that long bothered Don was how to pass a family owned business on to the next generation without inheritance taxes destroying it. With four generations involved in the family business the issue of “death taxes” has long plagued Don.

He laughs and says that his wife, Dolly, who he met in seventh grade, claims he has been worried about dying since he was 21. Don adds that Dolly has been “a fabulous wife and mother” and “has a totally different personality from his.”

And while Don believes he has found ways to solve the problem somewhat for his family, and also for A & I employees, it remains quite difficult to pass on real estate – property paid for with after tax dollars – and he laments the situation faced by farmers and ranchers. It’s no wonder there are so few younger people remaining in agriculture, he said.

A & I Distributing provides employees with a stock option plan (called ESOP). Don explained that employees help build the business and deserve to share in its success.

Asked about how he and his family deal with the daily pressures of business, Don, who says he thinks about business 24/7 ,says he believes he and his family are blessed because they all play a musical instrument and were involved in athletics. He explained that in order to relieve the pressure of dealing with business issue, he plays the trombone. “I’m not a natural musician,” he said, so he has to focus all of his attention on playing the trombone, which he has played since he was a youngster and had the good fortune of meeting  Tommy Dorsey who inspired him. He also played athletics.

His sons and grandsons also play musical instruments and were involved in athletics. So while their music helps relieve stress, playing athletics teaches you about team work, said Don. “In team sports you have to get along. Same way in business. We have the same team goal in business as in playing sports.”

Hurd Inducted into WyoTech Hall of Fame

9 July 2024
Evelyn Pyburn
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One of Billings’ most outstanding business people, John Hurd, was recently inducted into the Wyoming Technical Institute’s Hall of Fame. Hurd is store manager for RDO Equipment Co, in Billings, the largest John Deere Ag and Construction dealership group in the country.

John Hurd has become a favorite at Yellowstone County News and recognized as an outstanding community volunteer because of his hard work and dedicated efforts for Dig It Days, a fund raiser for youth entering the construction industry and in other support efforts to launch other people onto life’s road.

Wyoming Technical Institute (WyoTech) introduces Hurd on their website saying that he came to the school as a Laramie High School graduate in 1983.  

Hurd started his career in the construction business, then moved on to gain experience in the logging industry. Because of his love of cars, as well as with some influence from his brother, John enrolled in the Wyoming Technical Institute, where he graduated from the Collision Refinishing w/ Upholstery program in 1989 and 1990.

At the time, Hurd had little idea how important his nine months at WyoTech would be in his future, nor could he have imagined the career journey and the amazing industry experiences in store for him.

 After graduation, Hurd continued work in construction, spending evenings and weekends working on cars.  He opened “Creative Customs”, an auto body paint & upholstery business in Laramie, with his dad in 1991.

Hurd’s trade education career started in 1992, teaching Custom Paint at WyoTech in the evenings with his former instructor, Kim Helgeson. In 1993, when another former instructor, Carl Miller, called with an opportunity to teach Trim & Upholstery, a 25-year career with WyoTech and trade education was launched.

Hurd described the opportunity to work with students in the classroom by delivering a lesson and sharing a skill as a “career highlight” that drove him to learn more and become the best he could be.  He was promoted to Assistant Coordinator of the Collision Department at WyoTech in 1996, and, over the next five years, he and Carl Miller helped to grow the department to nearly 400 students.  

In 2001, through the encouragement of Jim Mathis, Hurd became Operations Coordinator, working with the Campus Housing and Physical Plant teams. A highlight of this experience was working closely with Dave Kuhn and his team on the various campus projects, which gave Hurd a new appreciation for those who manage student housing.

In 2003, after the acquisition by Corinthian Colleges, Hurd and a small group from WyoTech went to Pelham, Alabama, for a new school start up- Virginia College Technical (VC Tech). The experience expanded Hurd’s program and curriculum development skills, adding state/national program accreditation and school operations experiences. After the acquisition of VC Tech, a call from mentor and friend Andy Vignone in late 2006, sent Hurd to California as president of WyoTech’s Sacramento campus. The next five years provided leadership experiences and continued growth in his industry network.

In 2012, Hurd transitioned into an Industry Relations role for all of WyoTech, representing the brand at industry trade events across the country. A highlight of this experience was the development and startup of the Mack & Volvo Truck DATE program at the Blairsville, Pennsylvania, and Laramie, Wyoming campuses. In November 2017, after another acquisition, a decision was made to shut down all remaining WyoTech campuses, but by early 2018, Hurd worked alongside Jim Mathis and team, assisted on a business plan to save WyoTech, which has ultimately been a huge success.

In 2019, his career shifted out of the trades education back to construction as store manager in Billings for RDO Equipment Co, the largest John Deere Ag and Construction dealership group in the country.

Hurd’s WyoTech experiences continue to be used daily in operations, team leadership, curriculum and program development. In 2021, he led a team of construction industry partners creating Build Montana, a high school internship program introducing students to career opportunities in construction. He maintains his connection with WyoTech, recruiting for RDO at career fairs and serving as a board member for the LoveTrades Foundation. He also serves on the boards for the Montana Contractors Association Education Foundation, Montana Equipment Dealers Association and Montana Skills USA.

Alongside Hurd in this journey has been an unwavering faith in God, his wife, Mindy, son, Jacob, and daughter, Jaylin. 

When asked about what advice he would give to someone who is just starting their journey in the trades, Hurd said, “Be patient, listen and learn from others in the trade. Keep learning and growing in your trade, excellence isn’t a race, it’s a journey. Don’t be the one to say no…say yes…let someone else tell you no.”

——

Most of the information for this article came from the WyoTech website, including the picture of John Hurd.

Coke Cola Opens Plant

9 July 2024
Evelyn Pyburn
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It was stated several times during a news media opening of the new Coca Cola manufacturing plant last week, that this is a “really big deal” for Billings. And indeed it is.

The nearly $100 million facility will employ over 100 people, including 50 new positions. The plant will bottle and distribute over 450 varieties of soft drinks and other beverages over a multi-state area.

Founded in 1956, the Coca-Cola Bottling Company High Country is a fourth-generation, family-owned bottler serving over 2.4 million consumers in Colorado, Minnesota, Montana, North Dakota, South Dakota, Utah, and Wyoming.

M. Trevor Messinger, President and CEO of the South Dakota-based company, greeted Governor Greg Gianforte and numerous other dignitaries to the opening. It took ten years to plan and build the facility, which included broad community support from the Big Sky Economic Development Agency, the City of Billings, and Yellowstone County Commissioners.

“Our state is made stronger when companies like Coca-Cola High Country choose to expand their business in Montana and create more good-paying jobs,” Gov. Gianforte said. “We’ll continue to foster a climate where businesses can thrive and more Montanans can prosper and achieve the American dream.”

Montana-based design and construction companies completed the creation and build of the facility, including General Contractor, Dick Anderson Construction; Architect, A&E Architects and Engineering Morrison-Maierle, IMEG      

The full economic impact of the new facility will be far reaching for Billings. Part of that impact is the development of the infrastructure to its site at 1830 Harnish Boulevard, off the Frontage Road, where there had been none. The city council approved the extension of those utilities with the realization that they would make the area more attractive for other business ventures to locate, which is already happening according to some reports.

Constitution, not Judge, is Wrong

16 June 2024
Evelyn Pyburn
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By Evelyn Pyburn

I hate to say it but the court decision regarding the case of Held vs. Montana – kids suing the State of Montana for failing to provide them with a clean environment – was totally in keeping with Montana’s 1972 Constitution.

And I suspect we have more similar decisions to come unless we change the Montana Constitution.

Back in the day when people were all excited to approve the new constitution, as though they were getting a new car – – a small group of people I knew discussed what they saw as the most atrocious part of the new document, which was written based upon a “model” constitution provided to the delegates by the League of Cities and Towns (a very statist organization).Their concern was about such a glaring error that, quite frankly, I am surprised it has taken so long for the legal industry to take advantage of it.

Montana’s current Constitution states: “All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment….” With that declaration the crafters of the constitution set the stage for guaranteed injustices.

It’s a matter of understanding what the term “right” means as it is used in a Constitution. A right is not some “thing,” it is action. It is not a gift card, it is the opportunity to pursue a course of action.

When the word is used as it was in the Montana Constitution it demands an answer to the unspoken question: If a citizen has a right to a clean environment, then who has the obligation to provide it? Who by virtue of nothing more than having been born is inherently obligated to fulfill that right for that citizen? Who is to be that citizen’s slave?

Apparently, considering the recent court decision, it is business owners and market investors, as well as consumers and taxpayers, who are obligated to fulfill the Constitution’s mandate.

In the US Constitution, a “right” is used to allow the freedom to pursue an action. You are given the right to acquire a gun, not “to” a gun.

If the judge in Held vs. Montana were to be consistent, he would also conclude that someone, somehow is required to give every citizen a gun. Or provide them with a podium or air time to fulfill their “right” to free speech.

This use of the word “right” in such an incorrect way in the Montana Constitution is not an aberration. The state constitution also claims that every citizen has a right to an education. Again we must ask, who is responsible to fulfill that “right.” A free country – a free state – does not enslave one person for the sake of another; it provides an environment in which everyone is free to act to acquire that which they need or want. Indeed, everyone should be free to gain an education. But, if it is something that is our due, then President Biden isn’t so far off in paying off college loan debts, and it is somehow fair that other hardworking citizens should pay for it.

The US Constitution makes no mention of education – it was assumed to be no different than acquiring any other commodity and it never occurred to them that it needed to be itemized. Our forefathers would have been horrified at government providing education. It takes little imagination to know where that would lead – exactly as it has.

And, they undoubtedly never imagined we would all be condemned to live as though in a prison to “save the planet.”

Of course there are those who will insist that the claim on the wealth of others is “just” because there are people who need to be helped, or causes that are good and should be supported. While those aspects of reality do exist, so do the very many opportunities (especially in a free society which is what this issue is really all about) to VOLUNTARILY provide for them. An important word in that effort is “persuasion” – rather than using the force of government to achieve those ends, people persuade others as to their importance – whether it’s cleaning up a river or feeding starving children. In fact, during our era of freedom, Americans did more to help worthwhile causes than any coerced support from any government ever, and the US has one of the cleanest nations in the world, because people CHOSE to direct their wealth to achieve those things. No one had to confiscate it from them.

To have used the word “right” in the manner it was used in the Montana constitution is a disgrace. It reflects very little acumen; it is, however, a marvelous “make work” provision for lawyers and graft for carpetbaggers for decades to come.

There are instances in which the state constitution uses the term correctly. In fact, in the same paragraph in which it declares citizens have a right to a clean environment, the word is used correctly: “…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.”

To believe that the Held vs. Montana case is an aberration would be a huge, huge mistake. As one attorney commented soon after that court decision, be assured attorneys are lining up with all kinds of cases to file in Montana because it will henceforth be quite profitable. What they don’t impose upon investors of Montana business and industry, the taxpayers will be required to pick up.

Just use your imagination, while looking at all the many ways they are attacking our means of survival and ability to produce in the name of preventing global warming. Each law and regulation and claim of calamity is a ripe opportunity for a lawsuit against the State of Montana and its now- obligated taxpayers.

And they will win every time because our state constitution says that some of us have a claim to the property of others, to have what we want because we want it, and the rest have been enslaved to provide it.

Bofto Enthused about Challenge; YSC Hopes for Grant to Help with Gangs

16 June 2024
Evelyn Pyburn
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Sam Bofto thought he had achieved all the goals of his 28 years in law enforcement, a couple months ago, when he retired from the Yellowstone County Sheriff’s office as undersheriff – but such appears not to be the case. Earlier this month he accepted a new position – a new challenge – as the Director of the Youth Services Center, filling the position of Val Weber, who recently retired after serving as director for 28 years.

Beaming happily, Bofto said in an interview with Yellowstone County News, that he is having a good time – and learning a lot. In fact, he is looking back, and thinking that maybe he missed his calling. While he always wanted to be in law enforcement, he is thinking this is the road he was meant to be on.

This is the first time in 28 years he doesn’t have to wear a uniform every day, beamed Bofto, attired in a casual sport jacket and shirt. He bemoaned, however, about now having to buy his own gas. Bofto said that he passed through “it all” in law enforcement. “I did the streets for five years,” and then was a detective and county corner.

But, now he is realizing “I still have a few years to give.”

The Ted Lechner Youth Services Center  (YSC), at 410 S. 26th Street in Billings, is a secure detention facility that holds minors, up to age 18, who have allegedly violated the law, while their cases go through the judicial system. YSC also operates a shelter care facility that provides a temporary safe and secure “home” for children, who through no fault of their own, have nowhere else to go.

It’s nothing like law enforcement, said Bofto, who also served five years as commander of the Yellowstone County Detention Facility, before being named undersheriff eleven years ago.

In talking about the new challenge before him, it became clear that Bofto appreciates the opportunity to help the young people who pass through the Youth Services Center. “There are a lot of them who really need some help,” he said.

YSC has “a lot of needs”, explained Bofto, not least of which is more space. With the detention facility having been booked to capacity for many months now, the need to expand it is looming large and it is an issue that the county commissioners are talking about, said Bofto.

YSC serves a multi-county area, with the respective counties paying the daily cost ($235 a day) of security, room and board – -and education. They employ 35 people. There are only two other similar facilities in the state, one in Missoula and another in Great Falls.

The detention portion of the center has a maximum capacity of 24, and is currently occupied with 21 youth offenders. The current population is posing a unique problem in that many of them are all part of the same gang and are being held on related charges so they cannot be allowed to communicate with one another. The shelter portion of the center currently has four residents.

Bofto joins a team of dedicated professionals , who he very much respects and appreciates. Two of those individuals accompanied him to a meeting with Yellowstone County Commissioners, last week, to discuss the prospect of getting a grant that would bring one or two professionals to assist YSC, perhaps in cooperation with Pine Hills Youth Correctional Facility, to help in redirecting the lives of “students” in the system.

Especially excited about the possibility of a multi –million dollar, 3 -year grant under the Project Encourage program from the University of Alabama, is Hank Richards, who has served as the counseling and education director at YSC for the past 18 years. He was joined by Terra French, who is Chief of Youth Court, which gives oversight to child protective services, monitoring  the well-being of children who come from conflicted homes, making sure they have a safe place to live and other treatments that may be needed.

Prior to the meeting Richards and French talked excitedly about news that two of their students had passed HiSet tests, achieving Montana High School Equivalency Diplomas.

The duo explained that Dr. Kristine Jolivette, at the College of Education at the University of Alabama strongly encouraged them to apply for the grant. They explained that they had worked with Jolivette previously, having received two past grants from university programs. This grant would provide the funding and oversight for one full time or two part time individuals, who would provide assistance in dealing with serious gang problems with juveniles. It would help determine if “our interventions are working,” said Richards.

French commented that the program is especially needed given the failure of School District 2’s mill levy that included the hiring of a gang specialist.

They explained to the county commissioners that while the University of Alabama would hire the educator(s), YSC and the county commissioners would vet the candidates and oversee the program locally. It would become effective this fall.

Bofto commented that there is a need to work with students to teach them about gangs — about how to get out of gangs – “how to keep from doing stupid stuff.”

Richards is cautiously optimistic about getting the grant – but all agreed that given the issue Billings is having with gangs it could be greatly beneficial.

Montana Keeps Upward Trend on Economy

21 May 2024
Evelyn Pyburn
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Montana is currently ranked 14th in the United States for its economic performance as determined by the American Legislative Exchange Council, in its recently released “Rich States Poor States”. This rank is a backward-looking measure based on the state’s performance in three “important performance variables” —variables highly influenced by state policy.

But Montana ranks 30th in the Council’s Economic Outlook Rank. A forward-looking forecast based on the state’s standing in 15 state policy variables.

States with lower tax rates, lower debt and fewer government restrictions generally have stronger economic outlooks, according to the latest report that ranks states from best to worst based on how friendly their policies are to economic growth, writes Center Square about the “Rich States Poor States” ranking.

The new list shows that Republican-controlled states are doing far better than those dominated by Democrats.

ALEC reports that eight of the 10 best states are Republican-controlled, while all in the bottom 10 are Democratic-controlled, the worst being New York.

“It’s become abundantly clear that the solutions to our financial woes won’t come from the corridors of Washington, DC – they will come from the states,” said ALEC CEO Lisa B. Nelson. “Our latest edition of Rich States, Poor States demonstrates how states competing for the right to prosper have emerged as beacons to workers and businesses alike. They follow the jobs, the freedoms, and the opportunity to achieve. ALEC proudly highlights this competition and congratulates the winners.”

ALEC Chief Economist Jonathan Williams said, “Americans are voting with their feet and fleeing the high tax, high regulation states like California, New York and Illinois for pro-growth, pro-employment havens like Utah, Idaho, and Arizona, where leaders rely on a set of free market principles and pro-taxpayer reforms that landed those states at the top of our rankings.”

The 15 factors upon which the states are ranked include property tax rate, sales tax rate, top marginal income tax rate, top marginal corporate tax rate and how progressive the personal income tax rate is as well as whether there is an inheritance tax.

Montana’s 30th place ranking this year, reflects a jump of three ranks over 2023 when it was ranked 33rd. Since 2018, Montana has risen from a ranking of 43.

Montana’s State Gross omestic Product has increased dramatically since 2021. It grew 53.55 percent from 2012 to 2022, ranking the state 21st in that category.

Population in Montana from 2013 to 2022 increased 87,318, ranking the state 14th.

Non-farm payroll employment, increased 15.36 percent from 2012-2022, ranking Montana 15th.

“This is the 17th annual version of this report that comes out right before tax day every year to give legislators and concerned citizens some tangible data for how their state stacks up versus the other 49,” Jonathan Williams, chief economist at ALEC, told The Center Square.

The report also considers the state minimum wage, average worker’s compensation costs, whether it is a right-to-work state, the size of the debt and the number of public employees compared to the state population, among other factors.

“You see people voting with their feet across state lines so getting it right with state policy is now more important than ever,” Williams said.

Williams pointed out that the report only ranks states on policy factors that are within the control of lawmakers, not the myriad of other factors that impact economic growth.

“It’s really a good policy snapshot into those states,” he said.

The report also reviews recent economic performance and ranks states. The top performing states Florida, Idaho and Utah are followed by Colorado, Arizona and Texas. The worst performing state is Louisiana, followed by Alaska, Connecticut, West Virginia, and Hawaii.

Williams told The Center Square performance rankings don’t always align with the outlook rankings because there are many non-policy factors, such as weather, financial hubs, local resources, and more that impact the economy.

“Each of these factors is influenced directly by state lawmakers through the legislative process,” the report said. “Generally speaking, states that spend less – especially on income transfer programs – and states that tax less – particularly on productive activities such as working or investing – experience higher growth rates than states that tax and spend more.”

Williams said that several states like California are facing major deficits after spending through COVID-era funds from the federal government.

“Over the last three legislative sessions … we’ve seen roughly half the states pretty substantially cut taxes,” he added.