The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1864-12-10
NO. I6.

NO. Is.
- - - E-z
land Shall We wonder less, amid the pure
atmosphere of the Rocky Mountains, ct the
impropriesies which meet our observation,
on every hand, on each succeeding sabbath
at the street auctions-the musie-the
prize hghting-than we would 20 find the
same, in the streets of New York or Pills
deiphia? Let us labor, gentlemen, to cor
rect these gross immoralities.
On reference to the statute prescribing
the nature and punishment Of crime. / find
nothing which requires me to charge Won
specially upon any of the offences therein
defined, and am happy to add, that as
result of the means of self protection en-
ployed by the people of the Territory, there
are no persons in custody against whom aay
heavier charges can be sustained than those
punishable by fine and imprisonment. The
task before you, gentlemen, is therefore
relieved of many OF those endorsements.
which necessarily surround every ;uquiry
involving the possible sacrifice Of human
life. 7"-
am arprised by The District Attorney of
the United States, that he knows OF no Of
fences requiring your attyntion.
To assist you in the discharge of your
duties, you will have the advice of the Dis
trict Attorney of this judicial District.
Gentlemen, you compose the first grand
jury ever assembled in this new Territory.
Your deliberations will invite the attention
and challenge the criticism of ali classes
of citizens. Do not, adjure you. disar-
point tho expectations of all good men, /
Consider how much you have to do towards
establishing the moral purity of this new
Territory, and while you allow 10 those un-
fortunates who are charged with crime, all
the benefit of humane and Just laws, ever
remembering that in the hands of God
! himself, Mercy is the coneomitant of JUS
| toe, do not forget how much NAV he lost
to society by your indifference OF neglect.
The following is lat of the gentlemen
comprising the grand and petit juries:
| GRAND JURORS. ...--..
J. j. Hull, foreman, Henry Thompson,
Thomas Baume. B. r. Martin,
William Decker, j. w. pattec,
George Brandt, W. p. Wheeler,
Samuel Russell, Lester Campbell,
L. H. Davenport, James Williams,
John Ault, j. Hildebrand,
Joseph Brown, John Vanderbilt,
.-'- L. S. Peck.
\ .. 5.. r- PETIT JURORS.
N. II. Lott, B. T. Christenot,
A. O'Connel!, J. T. P. fletcher,
John Duncan, David Z. Folsom,
John Smith, oliver Sweet,
Thomas e. Stokes, B. w. Sweet, s.,T
W. NJ. Barnum, w. ScovilIe. 7-l.-.f
: A most important point was raised before
, Chief Justice Hosmer. On Monday last. 1t
appears that, according to the Idaho stat
: ates, lawyers practising in the district
courts must pay $40 for license, which is
set apart for the purpose of parchasing a
Territorial library. A number of the mem
bers of the bar object to pay this, on tha
groundthat the laws Of Idaho are not in
force here. Another party contended that
? though the general laws of idaho are bind
ing here, yet special statute cannot lie
t enforced. Those who take the opposite
side Of the question reverse these positions,
as their standpoint, and affirm that all the
c laws of Idaho, locally applicab bic, are valid
enactments in Montana; and that the sub
J stitution of the word ''Montana, - for
!, &c Idaho," in the statutes of the sister Ter
s ritory, is all that is required TO form the
i executive code of iag in Montana. The
e question is a moOte point of thsd greatest
: public interest. All sGitors should be aware
n that the question is raised as to whether
|; the common law Of England, the Idaha
i code, Louisiana law, anarchy, or the old
: state of affairs under the rule OF the vi.
e gilantes is to be the legal status of Monta.
ma. His honor has reserved his decision
e and SO TIE matter stands. There is, how.
u ever CLEAN of comfort in the idea ths
, the Legislature is to meet at Bannsck Oh
/. Monday; when their first duty will, o.
d course, be to settle thisvexed question. a
!, public bodies move slowly there must
'e however, be an inIerregnum. till the rcsuI
$, of their deliberations takes the shape O
: an act. The argument before the Chis
II Justice was very ably maintained by th
lie Bar, during discussion Of several hours
y on the free fight principle. Col. Stafford
r Messrs. Sanders, Clfumasero, and thei
y friends argued for Idaho law. Bfr. Thor
y, oughman, Judge Spratt, eunt malls qtii'
le taking the other side.