The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-01-14
trust the Legislature will not hesitate to give
the subject the attention its importance de-

1
mands.
| TERRITORIAL CoNvICTs.
Since the adjournment of the last Legisla-
tSrs ntea obtained from the
duction in the compensation for keeping the
| Territorial convicts. The per diem now paid
is seventy-cents. The number of convicts il
steadily increasing and You will be required
| to make some provision for additional prison
room, as thu prison ut Deer Lodge is now
| over crowded and there appears TO be no
| probability that the United States will in
crease its capacity. L recommend that you
| authorize the confinement in county jailS of
, such convicts i'm the Deer Lodge prison The
| number of Territorial eonvicts now confined
! in the United States prison at Deer Lodge is
g.
| the fiscal year has been very small the
| amounts will appear in the reports of the
the financial officers of the Territory.
The reports of the judges of the Supreme
Court with vouchers accounting for the an
| nual appropriations for the Law Library for
| the years ls79-'S0, are transmitted as required
by law. Also, the reports of the officers of
the Historical! Society, with vouchers, cover
ing the same period, accounting for the annu-
! nj appropriation for said Society.
| THE INSANE.
The contractor having charge of the insane
has performed his part OF thu contract to my
| entire satisfaction. The number now recciv
| ing treatment il 80. The number that havJ
died or have been discharged since January
| /, 1878, is III. | respectfully recommend that
you appoint a joint committee 10 visit the
| Atyitm and report fully upon its condition.
| The present contract will expire in March
| OF the present year, and / have no intilna-
| ton from the present contractor that he de-
sires to renew the same. This subject | COM
| mend 70 your earnest and careful cOnsidera-
| ton.
The evils resulting from the practice of
| opium smoking should be suppreSSe by law.
| Secret places of resort are Kept where the
habit is encouraged, and the evil effects of
| the practice will soon be apparent on the
youths who frequent these deus.
| The annual reports of the Territorial Audi
| tor and Treasurer are hereby submitted, to
| which your attention Ii respectfully directed
| suggest that you at an early day in the SEES
| sion appoint joint committee of the two
| Houses to examine the books of said officers
and their official transactions during the past
| two Yeas.
| EDUCATIONAL AFFAIRS.
| The report of the Superintendent of public
| Instruction, which win be submitted to you
| by that officer. will give full! information rs
| to the condition of the public schools of the
Territory. The policy of free public schools
| Is so firmly fixed in the affection of the peo-
| pie that | do not anticipate any opposition to
| its continuance.
The advantage to society derived from the
education of the masses is not now seriously
questioned by any one. Lord Bacon fOrCibly
illustrates that learned States have usually
been prosperous States, and that instructed
people have been for the most part rich, Ia
borious, energetic and powerful people. Mr..
Horace Mann, in one of his reports TO the
Board of Education in Massachusetts, show
ed by precise statistical details, collected
from superintendent of manufacturing es-
adjustments, that throughout the whole
range of mechanical industry, the well-edu..
Gated operative did more work, did
ton of the machinery TO better advantage
and greater profit, earned more money and
commanded more confidence, rose faster and
higher from lower to advanced positions
than did the uneducated operative.
Another educator says Education IL
economy and ignorance means waste; that
the skilled workman so forecasts and plans
his work that every blow tells while he econ
omizes his strength and stock; that even in
the humbest labor he will do more work, in
better style, with less damage to tools and
machinery than the boor who can only use
brute muscle"
not an occupation of civilized life, from the
making of laws and poems and histories,
down to the opening of New jersey oysters
with q broken jackknife that is not better
done by bright than by dull man, by II
quick than q slow mind"
wish too add another quotation: Re-
member that the learning OF the few is des-
potism; the learning of the multitude is lib
liberty is fame, wisdom and power"
THE ELECTION LAW.
The recent general election developed de-
fleets, or at least condition of Indebtedness,
in the election law of this Territory which
should be remedied. This is especially so in
relation to the powers and duties of canvass
ing boards. A law under which, in Deer
Lodge county, certificates of election were
issued on an abstract of the votes certified to
by minority of the board, under the protest
of the majority, and under which, it iSstated
the canvassers in Missoula county certified
up the vote from so-called precinct which
the commissioners had refused to establish
IRE, nevertheless; heId ny MANY
to be covered by the present election law,
cannot be a safe or sufficient one. So vague
is it that canvassing officers have been in
doubt whether they had authority to reject
any returns certified up from precinct, how
ever manifestly defective or fraudulent they
were; or whether the canvassing board il re-
quired to certify the abstract when made If
the duties are merely clerical, the board is a
useless piece of machinery; If II is vested
with powers, they should be clearly and
fully defined. Each member should have an
equal voice in the canvass. While candi-
dates, believing their rights impaired have
remedy in the courts, great care should be-
taken that the will of the electors is accom-
plished without necessitatng that tedious
dents the instances cited did not materially
vary results, but they have exemplified the
defects of the law ut an opportune time for
You to correct them.
AS the law exists, il is imperative that in
case of tie vote for district or county Off
GERS there shall be new election ordered.
Instances may occur where offices would JUS
tify new election, or where the candidates
would desire to adjust the matter between
themselves without another election, 1t Is
submitted for your consideration whether 10
would not be wise to empower the county
commissioners, in case of such agreement by
the candidates, to commission one or the 9TH
er in accordance Herewith.
Before the next meeting of the Legislature
1t is probable there will be three large bodies
of men engaged in the construction of rail
roads in Montana Many of these will be
non-residents, having no permanent interests
in the Territory, but who, IL permitted to
vote, may control the affairs of several coun-
ties. IT. on investigating the present laws,
you believe they are not sufficiently strong
and clear to prevent non-residents, or other
wise disqualified persons from voting in
Montana or to inffict severe penalties for
such voting, the best interests of the several
counties and the Territory demand that they
should be made so.
j again recommend the enactment of law
requiring the observance of the Sabbath day
as day of rest.
JURY FEES TO LITIGANTs.
The enactment of n statute requiring the
taxation of jury fees to litigants in civil eases
should receive your attention at an early day
in session. There can be no reason advanced
that Will justify the payment of jurors by the
county while engaged in the trial of an issue
have no interest in and shonld not be required
to pay any part of the expenses of litigation
between citizens. recommend the re-enact-
ment of the statute of1S67, requiring the tax
atiou of jury fees to litigants in all civil cases
tried by a. jury.
The present law requires that when the en-
tire panel of jurors summoned Mt any term of
court Is exhausted, and no qualified jury OBJ
tained new venire shall issue. This causes
great delay and expense, and you should
remedy this serious defect by amending the
law so as to authorize the sheriff, when the
panel IL exhausted, to summon the jurors
from the body of the county. understand
II frequently occurs that persons are drawn
~ jurors, and summoned, who are exempt
rom jury service, and Others are drawn who
have not the legal qualifications for jurors.
This matter should receive your careful at
lention to the end that the expenses of courts
may be rednced. .-'"..
INCORPORATION OF TOWNS.
! think all towns and cities of the Terrific
~, not now organized under charters should
have simple and inexpensive organization
nnder general law. The towns and cities of
many of the States are organized under gem
n xshi .I, I'll a x.