Whether Montana Statute M.C.A. (46-22-101) violates constitutional due process and equal protection when subject matter jurisdiction is challenged

1. The validity of Montana Statute M.C.A. (46-22-101) (1) and M.C.A. (46-22-101 (2) is drawn in question on the ground of its being repugnant to the Constitution, or laws of the United States whenever lack of Subject Matter Jurisdiction is raised against the sentencing court, which violates: 2. Due Process of the law 3. Equal Protection of the law.