Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1880-08-06
Agents for the "Teiler."
The Evil Working.

to the legislature to fix the times ana
places for holding the courts in the
different districts and of assigning the
Judges and in that body it should have
remained, a. any rate that portion
which relates to fixing the times and
places fer Representatives of the peo-
people from the different counties
should and doubtless do know what
times and places would best suit the
convenience of the people than would
any CT the judges, they being in most
instances appointees not versed IN
knowledge Of the conditions of things
here at the time of their appointments.
But so far as assigning the judges to
the different districts, the judges them
selves could with propriety, arrange
that matter among themselves. I'm
der this power as first given the legis-
lature at its first session did enact laws
to meet the condition of the people,
which was good law and had that
power continued in them, no doubt
they would have made such moditica-
tions of the law az would have suited
any changed condition Of the people.
But sometime in 1866 and 1867 and
while Judge Kelly was upon the
bench, he visited Washington City
during sitting of Congress, and it is
reported that he in connection with
the delegate from Montana induced
Congress to take this power from the
representatives of the people and
confer it upon the judges of the Su-
preme Court of the territory, and they
have exercised that power ever since,
and in many instances, changed the
times and places to suit their own per
sonal convenience, and in several in
stances, in manner which has greatly
inconvenienced the people and parties
litigant. The Supreme court have
each year published the times and
places for the commencement of the
term Of the district courts in each OF
!, the counties for each ensuing year. and
assigned the judges to the districts and
that is all they have attempted to do
They have said nothing in relation te
when any one Of these terms must ex
pire, nor made any provision for ad
tournaments by the clerks In care o.
sickness, absence or disqualification o
the judges. Nor have they made an,
provision whereby term held in on,
county Of a district can be adjourned
over and beyond the term held in an
other county in the same district, no
for single judge TO appoint a specia
term for any cause to be holden in hi
district. The revised code repeats tn
statute alluded to of the first session
The practical workings of this condi
tion Of the power in relation to tn
holding of the courts was distinctl
made manifest at the late term O
court at Mt. Idaho Owing to tn
Indian scare in the early part of July
suitors in the court were not general
in readiness for the court at the cou
mencement. Many of the preparation
ii had to be made after the term ha
commenced. The first grand jury en-
pannellei and sworn, heard cases sui
mitted to them aud found some bill
of indictment. 1t was soon foun
that this grand jury were not draw
according to law, and it was dismisse
and another one was drawn, impair
nelled and sworn, and the same bus
ness that bad been submitted to tn
first was submitted to the So,
ond and some new business ais,
This delayed the court, aud sewers
cases. including two indictments fo
murder had to go over for want oftim
before the meeting Of the court i
Shoshone county.
Il was then suggested that but fe,
days would be required to finish bus
ness in Shoshone, and THAI on the lot
inst, the judge could come back TO NJ
Idaho and finish up the business i