The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1869-11-19

DEER LODGE CITY, FRIDAY, nov. 10
.st. THE LEG ISLATURE.
Inepiy to q ietsef of tnquisy-addssssed
BY several mcmbors of tho Legislature,
Jadgcs Warren and, 6yu,o havc Submitted
IN opiKion IN regard u the assembling Of
the Legislature On the First Monday Of D.
csmNcs 1900. fits too lengthy to Reproduce
Theyreview the bsastngs Of tho Organic Act
and the statutes enacted. .copsalting their
sab.,ancc and spirit, and incline to the be.
lief annual sessions were contemplated by
the Organic Act. and ndd: /" If this be true,
"thc act Of January 18th, 1869, contravcnra
"thc fundamental law, and is imperative
"and void, and the act of December 18Th,
1897, OF which II is amcndatory, remains
"in force, and under II regular session Of
"thc Legislative Assembly can legally con.
"venc on the first Monday of December
"ncyt = II follows
"from what VIC have said that the session
twill be held under the law Of December
"13, 1907. and hence, Of course, no procla.
"mation Of the Governor will be necessary
"as In the case of IN extraordinary session !;
"althongh. under the peculiar c;rcun,sta.a.
ices, p.oclamasic1 announcing that scs.
"sion will DC .lcld might be advantageous
"and proper. '"'
This will probably he considered sufficient
pretcxt for convcning the Legislature. The
Judges arc careful to say: ut isof course
understood that the opinion we give Is
sin no hammer official, and is consequently
"cltititlcd to no more weight than It may
"bc found entitled to in view Of The laws
" themselves"
We know nothing Of law. But it docs
eecm to US that this is queer business, and
one likely 70 result injuriously. The, opin:
len of the Judges was solicited. Judges
Warren and Symcs concur in the above, and
publish it. Judge Knowles, We believe, not
only non. concurred In the opinion, but
deemed It improper, as Judge, to express
by publication that would possibly induce
the meeting Of the Legislature, OH opinion,
even unoillcially, on question liable to
como before him hereafter as a member of
the Supreme Court, and In which the opin-
ION here given might bc reversed. Conced-
ing that tho Judges signing tic above would
still entertain the same views, the compost.
ton Of the Court may bc changed, and, the
question of the legality Of this projected
session coming before 1t at some subsequent
time, this opinion I've reversed, It will cost
the Territory $4,000 to hold the session.
Will not one single section enacted by Con.
gross, render valid the biennial act Of Jan.
Is, 1902 Can any laws enacted this winter
compensate for tho expenditure Of go, OO0
The Judges say IF certain things b. true,
the act Of January u, 1869, coatravencs the
fundamental law, and Is imperative and
void" But 10 not . Judicial decision essen.
tiaI to establish that fact II . legislative
body can ignore one Of it, owp statutes a.
viii, by what processof reasoning Il it COM
PEELED to obey any, and IL 1t 10 not, why the
peoplci II they arc not what Is .hc use Of
law Let this session convene, and pass any
important act, and the legality of it will
certainly 10 brought 10 issue. 1t IL extreme
~ doubtful if tire Supreme Court of Monta-
M should decide It was legal IT it would be
sustained by the Supreme Court Of the
United States.
To the intcrroga:ory "if no Legislature
assemble this winter, will or will not the
Legislative functions Of the Territory larse
.until revived BY future Legislation Of Con-
"grcsss" the Judges give no reply except
that lit is worthy of consideration"
Entertaining the highest respect fol
Judges Warren and symes as jurists aud
gentlemen, we think they have erred In THU
matter, and that session Of tho Legislature
will entail evil consequences. If IN act Of
Congress will obviate I'LL necessity for 1t, Il
would be better that, even yet, the idea Of
q session this winter should be abandoned