The river press. [volume] (Fort Benton, Mont.) 1880-current, 1881-01-19
THE RIVER PRESS

nro.on+ o,oction law. cannot be a safe or sufficient one,
So vapne is if. that canyassing officers have been in
donht whether they had authority toreject any returns
certified m from a precinct, however manifestly de-
fectiye or fraudulent they were; or whether the can
yassing board is required to even certify the abstract
when made. If the duties are merely clerical, the
hoard il a useless piece of machinery; if it is invested
with movers. they should be fully and clearly defined.
Each member should have an equal voice in the can
vas. While candidates, believing Their rights impair
ed. have remedy in the courts: great care should be
taken that the will of the electors is accomplished
without necessitating that tedious and expensive re-
course. BY fortunate accident the instances cited did
not materially vary results, but they have exemplifed
the defects Of the law at az opportune time for you to
correct it.
AS the law exists, it is imperative that in case of a
tie vote for district or county officers, there shall be a
new election ordered. Instances may occur where the
office would not justify q new election, or where the
candidates would desire to adjust the matter between
themselves without another election. It is submitted
for your consideration whether it would not be wise to
| empower the county commissioners, il case Of such
agreement by the candidates, TO commission one Or
the other in accordance herewith.
Before the next meeting OF the Legislature it is
| probable there will be three large bodies of men en-
| gagged in the construction of railroads in Montana
Many of these will be non-residents, having no per-
manent interests in the Territory, but who, if permit
ted to vote, may control the affairs of several counties.
If, on Investigating the present laws, you believe they
are not sufficiently strong and clear to prevent nom
residents, or otherwise disqualified persons, from vot-
ing in Montana, or to indict severe penalties for such
voting, the best interests of the several counties and
the Territory require that they should be made so.
T again ~ecommend the enactment Of a law requiring
~ X y +, ~ +Jo CoIhoth dow c a low ~ ~ocf
The enactment of a statute requiring the taxation Of
Jury fees to litigants in civil cases should receive your
attention at an early day in the 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 of facts between citizens. The public can have
no interest in, and should not be required to pay any
part of the expenses of, litigation between individu-
ais. recommend the re-enactment Of the statute of
1867, requiring the taxation Of jury fees to litigants in
all civil cases tried by a jury.
The present law requires that when the entire panel
of jurors summoned at any term of court is exhausted
and no qualified jury obtained, new venire shall is
sue. 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 is
exhausted, to summon the jurors from the body of the
county. | understand it frequently occurs that per-
sons are drawn as jurors, and summoned who are ex-
empt from jury service, and others are drawn VINO
have not the legal qualification for Jurors. This mat
ter should receive your careful attention to the end
that the expenses Of courts may be reduced.
I think all towns and cities Of the Territory, not
now organized under charters, should have q simple
and inexpensive organization under q general law.
The towns and cities of many of the States are organ
lied under a general law which prescribes the duties
Of the officers, and requires them to serve without
compensation. except those whose duty 1t may be to
preserve the peace and protect the property OF citizens.
Towns and cities organized under this system are well
governed, and at a very small cost. The law should
not be compulsory upon towns and cities to organize
under the law, but allow them to do SO upon the petit
ton of a certain number of residents.
[ sincerely congratulate you and the people OF the
Territory upon the fact that two railroads have reach
ed our borders, and promise TO be rapidly constructed
to our business centers. We cannot o~verestimate the
advantages to bederived fronafaIlroad communication
with the great cities Of the East. With water COM
munication and competing lines Of railroads, Montana
viii always have the advantage Of cheap rates for
freight and passenger traffic. With the early and GER
tain influx of population and capital, and the con-
%struction of railroads through the Territory, the future
Of Montana must be bright and promising.
I shall be glad to concur with you in every measure
that may be calculated to promote the general welfare
Of the people. BE POTTS.
Our town is to have 8 drug store early in
the spring. It will be under the supervision
of one Of the best druggists in the country
Hu~sb0ndn0n.