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No. 87-144
IN THE SUPREME COURT OF THE STATE OF MONTANA

1987
BUTTE COMMUNITY UNION, et al.,

Plaintiffs and Respondents,
-vs-

DAVE LEWIS, Director of the Montana
Department of Social and Rehabilitation
Services,

Defendant and Appellant.

APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis & Clark, The Honorable Thomas Honzel, Judge presiding.
COUNSEL OF RECORD:

For Appellant:

Russell Cater argued; Dal Srnilie; Michael S. Becker,
Legal Affairs, Dept. of SRS, Helena, Montana

For Respondent:

James H. Goetz argued, Bozeman, Montana Russell A. LaVigne & Michael Sinclair, Mont. Legal Services, Helena, Montana Robert L. Deschamps, 111, County Attorney, Missoula, Montana Peggy Verburg, Missoula, Montana Jim Reynolds, Helena, Montana
Submitted:  September 3, 1987  
Decided:  November 23, 1987  
Filed:  AiO,f 2 :';;".>  

*,

Clerk

Mr. Justice John C. Sheehy delivered the Opinion of the
Court.

The members of the 1972 State Constitutional Convention embraced a bold concept. They provided in Art. XII, $ 3 (3) that:
(3) The legislature shall provide such economic
assistance and social and rehabilitative services
as may be necessary for those inhabitants who, by
reason of age, infirmities, or misfortune may have
need for the aid of society.

From the viewpoint of hindsight, 15 years later, some may perceive Art. XII, $ 3 (3) as visionary and idealistic. The electors of this State, however, adopted the concept by ratifying the State Constitution on June 6, 1972, through Referendum No. 68.
Clearly and grammatically (by the use of the disjunctive
"or") the State Constitution imposes upon the legislature a
duty to provide necessary economic assistance to inhabitants
who need societal aid by reason of three disparate conditions
over which they have no control, age, infirmity, or
misfortune.

In 1985, the legislature met, and purporting to comply with its duty under Art. XII, S 3 (3) , promulgated

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Montana Law