The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-10-19
OUR COURTS.

The fact that the district court for Deer
Lodge county at its late session was exclu-
sively taken up with criminal business, leav-
ing all the civil business undisposed of, shows
If further evidence were wanting ofthe fact
the necessity that exists for a change of
some kind that will give to the people Of
Deer Lodge county greater facilities than
hey now have for the prompt determination
of their legal controversies. We have now
three terms of the district court a year, and
these terms generally last from one to two
months, but the increase of both civil and
criminal business during the last year has
been so great that a large number of the cases
on the court calender have to be passed or
continued each term of the court. And the
difficulty IN this respect amasses and must
continue to amass from term to term.
Our county is increasing rapidly in. popula-
ton, and in the development of its splendid
resources. Mining pursuits and the various
industries connected with them have been in
all other regions the fruitful source of con-
troversies, which must be settled by our courts
or by the use of force, and much as litigation
may be depIored it is a less evil than the law
of might. Within a few months the railroad
will have reached Butte. With its approach
questions of the right of way and the condem-
nation ofprivate lands for that purpose will no
doubt arise, with other subjects of controver-
sy, which, it may be presumed, will not, in
all cases, be compromised, and if not they
must finally be settled in our courts. This
will swell the already crowded calander of
our district court while the increase of the
criminal business which we may naturally
look for will still further augment its bust
ness. Without some change we cannot see
how our district court car hereafter discharge
the accumulated business when it cannot
keep clear the present calender. Different
plans have been suggested to obviate the diff
ficulty. In the estimation of many of Our
citizens it was thought that the appointment
of two terms of court at Butte duringthe year
in addition to those already appointed to be
held at Deer Lodge would overcome the diff
ficulty, and some months ago a petition, nu-
merously signed, was presented to the su-
preme court, while in session in Helena, ask
ing them to appoint terms of court here. But
as the members of that tribunal are entirely
independent of the people they ignored The
petition, and refused any relief, although an
act of congress invests them with full power
over the matter. As no greater reason exists
why this should be lone now than existed
when the petition to them was thrust aside,
it is useless to hope for any different result
from that quarter, and the only other remedy
which seems practicable, and which is left to
the people, is the formation of a new county
with Butte as the county seat, when, if we are
afforded equal facilities given to other coun,
ties, we may reasonably hope to have our le-
gal business, civil and criminal, discharged
with ordinary promptness.
This subject will be resumed hereafter
when we shall take occasion to point out 9th
err advantages which would result from the
change besides the one now mentioned.