Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1873-04-18
ns n1s.sI g e 9 9 8 "a. a! C e e ~.
Il OF THE sts. #f55s5s,5
Governor Of Montana Territory.

&s35 s#H g
Governor Of Montana Territory
To the gxsr ordinary sazsion Of the Legislati7
Assembly, Cennsnoing April "a, 4. 0. 1s7e.
4 Gentlemen Of Ma Legislature assembly Q
4 MoutanGi
1t hath pleased the AlI-wise Goyefno
OF tile unifer to bless our Territory witl
health, peace, AMI reast nable pros perity
and While We devoutly thank Him Tor dhess
and other mcrcies without number. let Us i,
great liti Hlility beg Ills continued gultlanc,
and bless ng
i Having convened the Legislative Assembly
ct Montanain extraordinary session, | row
Submit for your consideration. suui subject.
as appear to me to require Immediate leois
lative action. {I
The Act Of Congress approved JANUARY II
i 1873. transferring the care and custody ol
the United States Penitentiary at Deer I.odge
City In this Territory, devoIyes upon the
4 Legislative Assembly the duty of providing
| by law, ior its maintenance, custody and
/ management. The national government re-
tains the legal title to said prison, but the
Territory is charged with its care and man
/ agemcnt and is required to keep and MAIN
tain III said Penitentiary, all 9persoi coli-
vcted IN this Territory of violations OF the
| laws OF the United States, and sentenced ia
| Imprisonment therefor; and all persons held
TO answer for alleged violations of the laws of
The United States in this Territory. az the
rate OF one dollar per day, for each person SO
imprisoned. In providing The legal machin-
cry for administering The affairs of the Peai-
te' tiary, would respectfully recommend
that you provide by law for Board of D-
rectors (not exceeding three IN nulnber) and
Warden, who should be clerk of the Board.
1t should be made the duty OF the Direc. ors
to prescribe rules and regulations tor the
government Of The prison, specifying the
duties OF all its officers and employees. and
to revise and charge the same as clrcutn-
stances might require. At least two of the
directors should, in company, visit sail,
prison monthly and all direc ors should be
required to meet at the prison quarterly. ex-
anime. Into its condition aud audit all the
claims against it. The result OF such exam
lli;stiol shonld be entered in il journal. to-
absd ss!sf oy S a. aer t fa 5afae ef a2d abs
be required to report in writing to the Gov
err or, OIL or before November fifteenth oi
each year. The cotditipn Of tile prison to-
ht-r vi OF ia,(a at,ta
ecipts and experdit and such Suggestions
a. itS interests may require.
In submitting this subject to you. ain
confident thattie necessity for L well el'lelined
code Of laws. providing Tor the economical
of the Penitehiiary and eeiriy
prescribing tile duties Of lis officers and en-
poyces. Will be apparent 10 the Legislative
Assembly. s5ai taia9aai 4E
1t is liumiliatig e to be compete q to admit, !
that after the large amot,nt Of money ex-
pended bV the Territory and general Govern
ment TO secure u correct coafcation of the
led laws are a bu, die of incongruiies and
bearing upon them the in-
rress Of neglect and incompetency OF their
their paternity. leaving the authors of this |
to the charity of the people, whose hard earn
ings they obtained without consideration, |
now invite your attention to some ef The am
biouous enactments of the Code: s5tf
Upon page 300, section 1T, fifteen persons
are required to constitute Grand Jury and |
on page sos, section 6, it is provided that the I
court shall select from the panel summoned
sixteen persons, who shall constitute the
Jrand Jury. In chapter four, relating to of i
euccs against the lives and persons 9of indi-
1iduals, on page 273, section Is, defines gen
sraIly the crime OF Murder. Section q |
letines what shall be murder in the first de-
gree, ald that all other kinds Of murder shall
De murder in the second degree; and then
section % and g again define what shall be
murder in the first degree; and, lastly. section
Il defines what shall constitute the crime OF
There does not appear to be
my penalty affixed for the crime described in
section Is, nor is there anything defining
What shall constitute the crime OF murder in
econd degree.
Upon pages 1915, you will find an act pro-
.iding tor the election of a County Assessor,
annually, in the several county; and on page
l6 it is provided that the county commits
toners ot each county shall divide their re-
peetive counties into not less than three nor
nor than ten revenue districts, end that there
hall be elected bienIlially, in each OF said
istricts. one assessor to take the assessment
nd valuation of the property therein. Upon E
age $50, section 10. it is enaeted that County
Warrants shall draw interest lit the rate ofl
en- per cent. per anntlm; and oil page 638,
ection /. it is provided that County Warrants
hall draw no interest whatever.
Upon page 4T9, section 3, provision is made
hat County Bonds shall draw fifteen per
ent. interest per anntlm and on page 63S,
ection 8. more than twelve per cent. per
mum Is prohibited
Ths act trelating to the election Of Justices
t the Peace. should he so amended as io pro-
ile for their election at tile general election
i August. instead of September, that the
ost of such additional election be avoided.
/ think will be evident to the Legislative
Issemllly, that the law providing that Coun-
' Bonds shall draw interest at the rate of II
fteen per cent. per al mum; and that which
rovides that County Warrants shall not draw
lterest, should De at once repealed; and. the