The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1873-04-19
MESSAGE

or Tbe 0over.sr sf 0Geota1a TsEzEitsey,
- ~ 0xtsassdi.asy Session sfths Leg.
islative Assembly, 0s0nsaeang April
- A.O. 1879.
Gentleman Of the LeqisIoties .as'em1Iy IF
A0"Mha
/, hnih pleased the Ali.wise Governor Of
the universe ~ hless Uur Territ"y. with
health. peace. a,d reasonable prosperity.
and while wc deyOutly thank him for these
and other Merc,es without nu'ni#r. let Us
in great humility lHg his continued guild
ance and blessing.
Having convened the Legislature Ut Mon
lana ~ extraordinary session, n"w submit
t. your consideration. such subjects ~ ap
,"'xr 10 require Immaculate legislative n.
tim.
The Aci Of Congress approved Janusry
"a. 1873. transferring the care and custody
of the Unit d States Penitcnilary vt lIcrr
L,,dgr City IL this Territory. tevOlvcs upon
the Legislative Assembly the duiy vt pro-
vniing. by law, tor it, ma nicnnncs.. cus''dy
and management. The Mstiunal govern.
nent retains the legal title IL said prison,
tut the Territory is charged with its care
AID management and Is =. qnireti IL keep and
ma,ntxin ~ said Pcnitcm,,nry, xil persons
convicted in th,s Territory Ut violations ot
| The laws Ut the United Stat. aud sentenced
IL imprisonment therefor; and all persons
held ~ answer for alleged violation Ut the
laws ut the United STATES in this Territory.
si tue rate Ot one dollar pr day tor each
person 80 imprisoned In pr,viding the
legal machinery for administering the Ut
ta:rs Of the Penitcniisry, | w.'uld RESPECT
full recommend that you provide hy law
for B.'xri Of Directors mot exceeding
three iu nun,l,er) aud Warden. WIN should
he clerk Of the Bard. 1t should be made
the duty Uf the Directors 10 prrscribe rules
and regulat Ums f"r The government Ut the
pris ~, specifying the duties Ot oil It's Ofit
ctr, aud employees, and 10 revise and change
the same ~ circumstances might require.
At least w" vi the Directors should, in
company, visit said prison monthly and
mil directors should I've Z. qnired 10 meet VI
the prison quarterly, examine into its con>
d,tiOn, and audit all G aims against 1t. The
| result Of such examination should bc en-.
,rrct in u journal, together with all other
official acts, and Le signed by the hsard
The lx,ard should xlst, be required 10 report
in writing II the Governor, on Or before
| November fifteenth Ut each year. the cOnd'.
| tinn Ut the pr son, together with . detailed
! statement Of iis receipts and expenditures.
and such suggestions ~ its interests may re-
quire.
In submitting this snhjcct 10 you, ] am
cunfide I tha, the Necessity for well de-
fined csxle Of laws, providing for the et'
n0'nical management Of the PcOi'entiary
xnA clearly prescribing the duties Of its
officers and employees. will I've apparent IL
the Legislative Assembly.
| Il - hum,liAting 10 l'e compelled 10 ads
nit. ths' after the large amount expended
by the Territory and general Government
~ secure cUrrec, c0lifica'ion Of the laws
Of the Territory. thar the s'-cxlle.l c'~iificd
laws are bundle Of inc,ngruitics AMI com
tra.i,ctions. bearing upon them the impress
If the neglect snd Incompetence Ut thei'
paternity. Leaving the authors Ut this
mOnstrs'siiy IL the charity of the people,
wl,o-c hard earnings they ohtairrd without
consideration. | now invite your attention
u sN,ne Uf the ambiguous enac,n.ents Of
the csNlc:
Upon page zoo. scciion III. fifteen ter.
sons are required iO constitute . GRIND
Jury aud "n page 2O5. section 8. it il pro.
vided that the ca,urt shall select from the
pameI sunnin,ned sixteen persons. who shall
constitute the Grand Jury. In chapter four,
relating 10 offrncrs against the lives and
,n.r>ona Of inoivlLns .. Oh page 2s3. section
l8, defines generally the crime Ut murder.
Seciipn 81 defines what shalt be murder in
the first degree, and that all other kinds oi
murder shall b. murder in the second de
xrcr and then sections % and % again
define what shall I've murder in the firs,
degree and. lastly. section ~ dcfi"cs whal
shall constitute the crime Of msnslHugh'er.
There IL" lot appear to I've my PENALTY
xiiixe., for The cr,,Dc described in sectiO" IL
nor is there anything defining what shat
NJ
degree.
lyon PAGES 454.5. you will find an ac
providing tor the election Of = County As
sess0r, annually, in the s-vcral Counties
snd IN Imge 6l0 il is provided that tll,
C,unty Commissioners Of cacis county slinl
divide their respective Counties into not lcs
than threc nor more than ieh revenue dis
tr,cis, and that there shall lie clectci bieD
nixliy, in each, uf said districts, one assess'
~ take the assessment and valuation Of tn
property therein. Um'n pnEe 40. secti"'
10, il II cnaatcd that C"unty Warrant
sl,nll draw interest vi the rate U
} ten per cent per annum; AMI o'
page UsS, section l, ii il provided tha
C.iun,y Warrants shalt draw no interes
Whatever.
Up,n page 40. section 2. provision ,
made that C0u ~ Bonds shall draw fiftee'
l~r cent interest per snnum; and on pag
6SS, section =. more than twelve PER cent
per xunum II prohibited.
. The sct relating 10 the clection Of Justice
Of the peace, should be ~ amended ~ T.
} provide for their election st the genera
election in August. ins'ea.i of SeDtcm''e'
} that the Gust vf such additional election b
avoided.
, 1 think Il vii, be evident 10 the Legisla
, tive Assembly, that the law prOviling ths
cx,unty bonds shall draw interest ~ the rat
uf fifteen per cent. per annum; and ths
, which provides that county warrants sha
= NOT draw interest .sl,s,uld t,e st once repealed
= and the same il hereby recommended.
r NJ provision has bcen made by law, prt
q scrit,imy the fees of the Clerks Of the Su
D prrme Court. The Judges Of the Supr IN
Cuur,, in the ab.ence Ut any statute up0
the &ubject. have assumed ~ prescribe III
fees of CLERKS: bui that this 10 = lcgitma'
subject 0f Irgisir,iOn, there can be n" d"ub
Il il due tO this officer that hc lie authorize
by law tu charge and cs'llect certain tees Il
servicss, and not be dependent on the optic
: of ,tiexnts and attorneys f"r the same.
u M subject IT lcgislstiOn will l,c prcsen'e
for your consideration Ut - much iMp0r
y sncc ~ the prosperity snd welfare vt q
y pes,ple. NJ lhs, Ut the reduction Of fees sn
| 4RJeYbf0. U0 VUUCoDOU0UsC 0UO SASCsosS
= f,ss collected from the people by the Di
J. trics Attorneys, Clerks Of the Distri
Courts, aud County Dmcers. have saddle
= upon he people Of the several counties
y debt Ut nearly \ half . million dollar
y This burden, haring down upon the peop
wear by year, has ,nade them resllesss; au
}. they now demand 10 unmistskable term
y thai The fe,tcrs which have hound them si's
. . b. broken. and thst debts and taxes shs
% decrease. The high price IT living. hrret
It forc advanced u Justification Of high fe
J" and salaries, no longer has any foundst,o
. M rrssOn ran now b put forward vi
fces in Montana should be hut sl,s'
70 higher than thOse in the new State
Is AZ measure Of justice and ec.'npmy 70 q
y laople, The Legislative Assembly d q
'e nresrnt ssssiOn ought mt 10 hesitate 10 sls
m the 0fIIee VI C0oniy Treasurer, and mai
ihe Sheriff q OllSi0 COllect0r Ut the ss1
of his county. the change to - into elis
upDn the expirasiOn u the terms OF 9
~, ns,.e..nt incumhenta. This plan has l,een