Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1874-01-09

license and to I've recorded by him in .
book provided for that purpose. This
will prevent illegal marriages and is y
recommendation that should enlist
your early attention.
Provision should be made by law
authorizing Municipal Corporations,
! County Commissioners and other Oflic-
ers prosecuting or defending for the
Territory or counties, and Executors,
Administrators and Guardians to per
feet an appeal from an inferior Court
Board or Tribunal to a superior Court,
without being required to give bond ~
in, other cases. ~
Section LAG OF the Criminal Act at
tempts to define the crime and pro-
scribe the the punishment for adultery
and fornicatiOn; but fails to make
adultery a crime, unless the parties
charged are so related as to make
marriage between them void. The
crime should be defined in the Ian
guasc of the common law and such
punishment prescribed as may appear
adequate.
Your attention is directed to the law
regulating attachments in civil actions.
l submit to You whether it is just or
reasonable that an attachment should
issue without requiring the plaintiff to
aIlege in his affidavit that fraud haS
been committed by the defendant, or
that he is a nonresident. The present
statute appears to give the cre0itOr an
undue advantage over the debtor.
The large accumulatiOnS in the Poor
and some Of the other County Funds,
will suggest to you the propnety Of
authorizing the County Commissioners
to transfer accumulatiOns in any par
ticular fund not needed for the pur-
poses for which they were levied, %
the turd for the payment Of the debt
Of the county.
The high rate of interest that is bc-
ing paid by the several cOnnties argues
strongly against the present policy Of
allowing revenue to remain for an in
definite period in the Treasury.
The number Of perempt0ry chal.
lenges of jurors both in the civil and
criminal cases should he reduced at
least one half the number now allcwed
by law. This will greatly curtail the
expenses Of trials, avoid delay and
mete out ample justice to litigants.
Your attention is invited to the loss
the Territory has sustained in paying
the sum Of @l61 IS twice; once to
Deze1 Gilbert, late Treasurer Of Mad
isOn county, and once to l. G. Smith as
administrator of the estate of the said
Gilbert; and the sum Of over five hun
dred dollars, allowed and paid by tho
Auditor to the Sheriffs of Madison,
Gallatin and Lewis and Clarke cOun-
ties, in excess Of the law for the trans
portation of convicts to the penitenti-
ary. The fact of the loss is, I believe,
not controverted, and no effort has
been made to collect the amount and
return it to the Treasury. recommend
that you cause the matter to be inves-
| tigated by a select committee of the
two Houses that the responsibility Of
the loss may be fastened upon the
proper officer and such measures taken
as will restore the money to the Treas
ury. The time has certainly arrived
when you should provide for the pun
ishment of faithless officers, that the
Treasury may not hereafter be robbed
with impunity.
also invite your attention to the
duty of examing the books of the Au-
ditOr and Treasurer's Office and the
official transactions of these officers,
since the adjournment of your prede--
cessOrs.
The report of Hon. Cornelius Hedges,
Superintendent of Public instruction,
is herewith submitted. Almost every
question connected with our public
school system is ably and frankly dis
cussed. The report is credit to that
officer and an honor to the Territory.
The following statistics are taken from
the report:
he whole number Of children Of school
age--between and q years-in the
Number % attending schoi during the year i.i
The per centage Of attendance OF those a
Number ose Of organized school disirici; y
Nsr of % sshRel: Shs isseHsls eSSnt
Number OF female teachers employed. -
Average length Of school in days...... IN
Number of districts with graded Schools
to-wit: one each in Virginia City,
Helena, and Deer Ledge. ,
Number Of private schools taught In the
Territory during the year ........... ~
Number Of scholars attending the same ID
Number OF children not offending any
county tax ' .... -. ea. 80 y
Amount raised by district tax, to-wil:
Madison county. ty.....................: - y
Amount from all sources apportiened
during the year. 0sml -
| Average pay Of teachers per month";. @ ~
The Superintendent says, "that the
provisions of the present school Law,
which requires that the education Of
children Of African descent shall ho
provided tor in separate schools, p1ao
tically excludes them from all Oppor-
tunity to obtain an educatiOnj" you
should not hesitate to SO amend the
law, as to afford an opportunity for
each child in the Territory, without
distinction, to enjoy all the benefits
| L.. StA.avN