Why are these two concepts together?

I wonder about that too.  In a previous article on Article II Section 30, I addressed the state non-relevance of Treason since that is a national crime in wartime.  While the first half of this article is practically a repeat of the U.S. Constitution, the second half goes a little further.  Here it is again:

Article II, Section 30: Treason and descent of estates. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on his confession in open court; no person shall be attainted of treason or felony by the legislature; no conviction shall cause the loss of property to the relatives or heirs of the convicted. The estates of suicides shall descend or vest as in cases of natural death.

I have read this second half a dozen times and just can’t see any connection to the first half.  For us, 50 years later, perhaps the best course is to treat this article like the 1st amendment to the U.S. Constitution: one amendment that spells out five rights.

The second clause about the Legislature is a separation of powers, that the enforcement of law and the charging of a crime rests with the Executive.  The state Legislature cannot charge anyone with treason, no matter how critical or downright antagonistic the person may be to the Legislature.

The remainder of the article is a protection of property for those associated with a primary person.  Relatives of a convicted criminal can rest assured that their own earned capital is not vulnerable to confiscation or fine because of the actions of the criminal.

Unfortunately, it also means the criminal’s own property is off limits to excessive fine, for the benefit of any heir.  I find this irritating because loss of capital can be a very good incentive to not commit the crime in the first place.  The only other recourse for the victim is the civil court system.  That’s right, sue ’em.

This second half, involving conviction and suicide, is a preservation of capital and property for heirs, who themselves had no involvement in the crime or the suicide.  I can understand the rationale this way, and I totally agree in the case of suicide, but it doesn’t relieve me from a nagging question.  What rights or justice do the victims have?

The dangers of lead exposure for children are well known and many schools across Montana have made great strides to protect students and staff from lead in drinking water. But a number of Montana schools have not yet taken action and the possibility of lead in school drinking water continues to be a serious concern.

Children are particularly at risk because their growing bodies absorb more lead than adults and the risks from lead include anemia, kidney and brain damage, as well as learning disabilities and decreased growth.

 Because children spend a large share of their childhood in schools, it is extremely important to provide safe drinking water. Some schools may not even be aware of the danger because even when water entering a building meets safety standards for lead concentrations, older plumbing within schools could contribute to elevated lead levels in the drinking water. 

In Montana, testing for lead began in 2020 in accredited K-12 schools where students can get drinking water. As of April, 487 school facilities (buildings) have tested for lead out of 591 in the state, leaving 104 schools — in both large and small communities — that have not yet completed the testing. 

Fortunately, funding and assistance is available to help make sure all Montana schools can first test their drinking water and then take preventative steps if needed to eliminate any dangerous levels of lead. 

For testing, an EPA grant supports free sampling for lead in drinking water for any Montana school. The schools can hire someone to do the testing and invoice the Montana Department of Environmental Quality.

For schools where lead tests exceed the state standard, we supported and helped pass an amendment during the 2023 Legislature that provides funding that will cover the cost of labor and supplies for new faucets, drinking fountains or water bottle filling stations. Using this state program, we can work with parents, local communities and schools to keep our schools and children safe.

Here are the details: The Legislature approved $3.7 million for the replacement program which is available to any school that needs to upgrade its water drinking facilities. Each school building qualifies for up to $100,000 to replace water faucets, water fountains and purchase new bottle filling stations, with up to a quarter of this amount available for labor costs.

The funding should help most schools greatly improve their drinking water. According to the Montana Department of Environmental Quality, a bottle filling station costs roughly $2,500 and faucets run from $300-$500 each.

One of the major challenges now is to help the remaining schools test and fix their drinking water as needed. Parents, teachers and school administrators should check with Montana Department of Environmental Quality for more information, or contact any of us, to learn the status of their school and how to participate.

Lead is a danger to our children’s health, but working together we can address this problem and help ensure that our kids learn in a safe and secure environment.

Sen. Janet Ellis, D-Helena, Rep. Paul Tuss, D-Havre, Rep. Melissa Romano, D-Helena, Rep. Mark Thane, D-Missoula.