Letters to the editor
People too easily relinquish rights to High Court
Editor,
I am concerned that many of us view the highest courts as having the "last word." In fact, we the people legally and rightfully hold the exclusive right to have the first and last words. The highest courts in the land, state supreme courts and the U.S. Supreme Court (the judicial branch) serve exclusively to observe and apply the will of the people, as written in the state and federal constitutions.
In the recent HD12 election, my son Rick Jore once again ran as a member of the Constitution party. Although Rick would most likely have had better results as a Republican or a Democrat, his oath to uphold the Constitution caused him to choose a party that he truly believed sought to do just that.
Whether the Constitution party is seen as more "constitution-oriented" than the Republican or Democratic parties can be debated. In fact, all of the parties should be "constitution" parties … the first thing that all elected officials must do is swear an oath that they will uphold and defend the state and federal constitutions.
The irony of Rick running as a self-named defender of the Constitution is that the very highest powers of Constitutional (Montana's and America's) protection for the people might very well have been usurped by the Montana State Supreme Court.
In fact, the ultimate power, in a legislative election, to determine the validity and qualifications of each elected representative resides in the legislature itself, not in the highest state court (Article 5, Section 10).
Contrary to the state and federal constitutions, the vote of six people in Helena (six of the seven members of the state supreme court) counted more than all of the 4,225 votes for Rick Jore, Jack Cross and Jeanne Windham. The court might have ruled either way in this case …
Of far more importance than the winner or loser of this election is the reality that we the people, who are supposed to hold the ultimate power, so easily relinquish it to the few justices whose very role is to protect the power of the people, not arrogantly over-rule it.
Merle Jore
Ronan
Speech meet judges were appreciated
Editor,
Nearly 100 community members swerved as judges and assisted the Polson Speech team as it hosted an invitational meet for 14 teams here Dec. 18. Those folks filled 244 judging hours in rounds throughout the day beginning at 8 a.m. with the last round starting around 3:30 p.m.
Many judges gave their entire day, and others served for a round or two. Some were called at the last minute and willingly judged when others could not. Some willingly waited in the judges' room for a late round to finish before being called to rush off to judge again. All of their efforts helped our team produced a successful meet. We could not have done it without you.
We know there were many, many conflicts on that last weekend before Christmas. This makes us even more grateful to you for your contributions to our area youth and their academic endeavors as they competed in speech, debate and drama events.
On behalf of the PHS team and coaches, thank you, Polson.
Judie Woodhouse
Polson speech coach
Polson
ARC has enough
relief workers
Editor,
At present, the American Red Cross has robust response capacity with a roster of bilingual, internationally-experienced relief workers, and we do not anticipate requiring further assistance at this time. We thank all potential volunteers for their expression of interest and urge them to become involved with their local chapter.
Wil Huett
American Red Cross of Montana Great Falls
SKC appreciates Senator Burns' help
Editor,
With the federal appropriations process finally getting completed, you may have seen reports or articles detailing the funds Conrad Burns secured for Montana projects. The total was nearly a quarter of a billion dollars for our state. As impressive as that is, it is difficult to grasp the meaning of so much and what it means to our state.
Sometimes we need to break things down into pieces that are more easily grasped. One such piece is the appropriation that Senator Burns was able to secure for the Salish Kootenai College. Between last year and this year, Senator Burns was able to direct more than $2 million to help us develop on-campus housing for our students. When the housing is completed, it means affordable living for people who are trying very hard to improve the quality of their lives through education.
Many of our students are "non traditional," meaning they are older and many have children. Affordable housing-on-campus makes a formidable task of getting an education easier. It means less worry about increasing housing, transportation, and daycare costs. It means immediate access to the classroom and instructors. It means that the children of our students are immersed in an educational atmosphere, demonstrating to them that getting an education is an achievable goal.
Education is the vehicle by which we will break the cycle of poverty and dependence in Indian Country. Senator Burns is committed to that goal. As Chairman of the Senate Interior Appropriations Committee, he is recognized as the champion of tribal colleges all over this country. Here at Salish Kootenai College, he is a champion for students and families trying very hard to make their lives better. Thank you, Conrad, for your commitment to Montana.
Joe McDonald
President of Salish Kootenai College
A tall order for
Jeanne Windham
Editor,
Congratulations to Jeanne Windham on obtaining the HD-12 seat in the 2005 legislature. I must say it was a monumental effort. First, Jeanne had to overcome the fact that about two-thirds of Lake County voted against her; then she had to convince the Supreme Court of Montana that the Lake County voting board, the Secretary of State and the Governor of Montana had erred in declaring Rick Jore the winner (based on law as we know it).
To overcome the handicap of all these misaligned individuals and the foolish rules they work with, Jeanne then had to subject herself to a district judge who most certainly was against her. What else could she do but appeal to the Supreme Court.
As her friend, Anita Big Spring says, it's all about insuring that every voter is heard.
Well, Jeanne, you have the job. You have proven, with the proper attorney, that you can achieve your goals. Now, as my representative, can you assure me you will resist any efforts by the new Legislature to give away my property rights (example: the proposed State-Tribal interim water agreement, or any other similar agreements), to not further burden me with new taxes, to demand moral accountability in Helena and Washington, D.C.?
A tall order, but with your enthusiasm, I'm confident you will succeed.
Joe Brooks
Ronan
Polson food pantry had a busy year
Editor,
The Polson Loaves and Fish Food Pantry had a great year. Our December food and money drive was one of the best we've had in a long time. Thanks to all of you wonderful people who made it so. There are too many to thank individually, so a heartfelt thanks to all.
It just goes to show what a great community we live in. People are so sharing and caring for those less fortunate.
We put together over 100 Christmas baskets so all would have a nice holiday dinner. The baskets were overflowing with food. So many people went away happy that there would be food on the table for the holidays. Thanks again to all of you who made it such a success.
We have a family of eight that is much in need of a washer and drier. If anyone has one to give way, please call Gerrie Boyle at 883-5855 and I will see to it that the family comes to get it. Wishing you all a very happy, healthy and New Year.
Gerrie Boyle
Polson
County election office, recount board followed law
Editor,
If you have been propagandized by exaggerated claims of "illegal ballots," "illegal resolution board," "illegal recount board," and "many irregularities" in the HD 12 legislative race, you may be interested to know the law and the rules which governed the Lake County election office and recount board, which I believe they followed to the letter.
Resolution Board and Recount Board duty as set forth in 13-15-206, MCA; (4)(a): Each questionable vote on the paper ballot set aside under subsection (2)(a) or (3)(b) must be counted if the voter's intent can be clearly determined and agreed upon by the majority of the election judges on the counting board in accordance with the rules adopted pursuant to subsection (7)
Secretary of State rules: 44.3.2402 DETERMINING A VALID VOTE IN MANUALLY COUNTING AND RECOUNTING PAPER AND OPTI-SCAN BALLOTS (1) The following general rules shall apply in a count or recount of paper and opti-scan ballots:
(a) two (or more) designated voting areas have been marked and one (or more) mark has been erased, but residue is left. The election official shall clarify the ballot and cause a vote to be counted for the designated voting area that has been marked;
(h) more than one designated voting area has been marked, but a clear word, mark or statement is used to indicate the correct vote. The election official shall clarify the ballot and cause a vote to be counted for the designated voting area indicated as the correct vote …
Also, you may be interested to know that no less than four double marked ballots were counted for Jeanne Windham. I did not contest these ballots because the intent as determined by application of the above law and rules of the Secretary of State was obvious to me, just as it was on the seven contested ballots.
Rick Jore
Ronan
Distressed over High Court decision
Editor,
Like many in Lake County I am deeply distressed over the arbitrary decision of the Montana Supreme court to overturn the election process in HD 12.
I attended the court case when it was held in the Lake County courthouse. I only stayed for the evidence portion but had no doubt as to its outcome. It was slam dunk, seven disputed ballots over-marked by Cross and Jore but clearly indicating the intention of crossing out the mark for Cross and leaving the Jore vote clear and unambiguous, this same determination reached unanimously by a bi-partisan board assembled and trained for the purpose of making such determinations.
Corroborating evidence showed over 10 times that amount of ballots similarly over-marked on other ballot items that were counted as votes for the choice [and] not eliminated … by similar marks.
Evidence, on the other hand, presented on behalf of Windham was too arcane to be believed (for all but the legal mind, apparently): a Cross ad run on KERR in which he said something like, "vote for Jack Cross and cross out the rest." So, we are to infer that these seven confused voters, after filling the ovals after the names of both Cross and Jore, may have indicated their preferences for Cross by crossing him out because Jack Cross encouraged them to "cross out the rest."
Or if that reasoning was too astute for all but a lawyer to understand, Ms. Windham offered an alternative possibility: maybe an "X" was really an exclamation point. At this point it was clear: We weren't in Kansas any more.
But apparently, Ms. Windham knows the way of Oz better than I do. Our august Supreme Court seems likewise bereft of a modicum of Kansas common sense or common respect for voters.
Todd Hicks
Ronan
Christmas socks for the 'Candy Lady'
Editor,
I would like to share with everyone a very touching and true spirit of the Christmas story. On Christmas Eve a mother and child came to give me a present. The little boy was very excited and the mother said, "You do not know us but the letter will explain." The letter read:
On Halloween night, my 4-year-old knocked upon your door with his candy sack stretched out like all the rest. He said "Thank you," and walked away; but as we walked onto the next house he said to me, "Momma, why that lady that give me the candy didn't have any warm socks. We should get her some," he stated, and we went on about our task of gathering candy.
We moved on to the holidays and I tried to explain to him that this is the time to tell people how special they are to us through gifts of love.
Just a few days ago my son and I were shopping, I placed some socks in the cart. He piped up "We need some for the lady with the candy."
What are you talking about?
He reminded me as best he could, as he can't remember what "candy night" is really called. I smiled with pride as he picked out the socks.
So to you, Candy Lady, we bring this gift. Simple it may be, but full of thoughtfulness from a 4-year old who saw beyond the candy.
Merry Christmas
So to you, mother and child, I thank you and wish you a Merry Christmas and Happy New Year.
Emelie Williams
Ronan
What's next? An inquisition?
Editor,
There have been numerous instances where the Montana Supreme Court justices have stepped beyond their authority in the past years, taking on the role of legislators and making (or changing) laws.
Their latest ruling concerning the Lake County House race seems to me to be one of their most egregious acts yet. Now they are doing the job of the state and county elections offices by counting votes.
I am not taking sides with either of the candidates on this issue, but am voicing my concern for our constitutional rights as provided in the Separation of Powers section of the Montana Constitution. What's next with the Supreme Court? An inquisition?
The Governor, legislators and special interests are setting their priorities for the upcoming legislative session. I might suggest one that hasn't been mentioned — that of preventing the judicial branch from overstepping their authority. Better yet, how about term limits for justices and judges?
If our Legislature won't do it, the voters can "term limit" them by never voting for an incumbent justice.
Wes Higgins
Kalispell