, 1872-04-18
More MuddIe.

PRACTICE IN THE TERRIToR1Es.-The
following is copy of bill regulating
the practice in the Courts of the vari-
"us Territories, in reduced in Congress
by Hon. W. W. Claggett, Delegate from
Montana Territory:
1t ought to be entitled "a Bill to
Enable persons who are good for moth
ing else, to practice law in the Courts of
the United States in the several Terrific
ries. sit is entitled-A Bill to more
clearly define the nature of certain
',ourts in the several Territories, and
for other purposes.
BE it enacted by the Senate and House of
Representatives, Of the Uniteed States of
.ime,ica in Congress assembled, That the
Supreme and District Courts of the sew
.r,il Territories are hereby declared Ter
ritorial Courts, while exercising their
jurisdiction in cases arising or properly
rognizable under the laws of said Terri
tories; and the legislative assemblies of
Haii Territories shall have power to pre-
scribe by law the pleading, practice and
procedure in all cases in chancery and at
common law, now pending or hereafter
instituted in said Territorial Courts,
and to provide in such cases for the
joinder of legal and equitable causes of
action, for the interposition of equita-
ble defences of legal causes of action.
and for the same mode of pleading.
practice and procedure in cases of cham
eery and at common law. PrOrided.
That nothing in this act shall be con-
Htrued to authorize said legislative as
semblies to change Or interfere with the
pleading. practice. or procedure of said
courts while exercising their jurisdiction
rs circuit or district courts in cases aris-
ing under the Constitution and laws of
the United States. And Proriding fur
fhsr, That the existing legislation of the
several Territories prescribing the mode
Of pleading. practice, and procedure in
said Territorial Courts, as specified
herein, is hereby recognized as valid,
and declared in force in said courts, and
in the determination of all appeals there
from, until the same shall be amended,
modified or repealed by the Legislative
assemblies Of said Territories, respec-
lively.
Now. if this Mr., Claggett, Delegate
from Montana Territory, was anything
of lawyer, he would know that the
great majority of cases in the Territorial
II. S. Courts would arise under the con-
htitution and laws of the United States
and but comparatively few under the
law of any Territory. So the Court
would have two systems of practice, and
lawyers like Claggett. instead of being
relieved, and enabled to practice law
without previous study. would be worse
bothered than ever. Now we would
like to ask Clasgett a question: Sup
pose man residing in and doing bust
ness in Montana, goes to San Francisco
and buys thousand dollars worth of
goods, refuses to pay for them and the
San Francisco merchant sues him in the
Courts of Montana, what procedure
would yon pursue d? Why, the Terrific
rial to be sure, Claggett replies. Wrong
my boy. Try the other. In fact, with
fbe exception of few cases arising up
on some purely local statute, one regu.
.ating roads. ferries, bridges or taxes,
we can hardly imagine case which
would not arise under the Constitution
and laws of the United States. So,
Claggett. my boy, you would by your
hill, give us Common Law and Equity
Practice pure and simple, and the Terri
torial Solons would expend their ener-
gies in framing Code which would
rarely be used.
Better let the thing alone, Claggett;
you'll only muddle it more. Sometime
or other the question will reach the Su-
preme Court fair and square, and that
Court will decide that in suits at Com
mon law, the Common Law Practice
ought to be followed, and in suits in
Equity-the Equity Practice, and then
the whole Territorial clan of Grotii and
Puffendorfli, will quietly fold their man.
ties around them and betake themselves
to Blackstone and Chitty, as they had
ought to have done long ago.