The Benton weekly record., 1883-02-15
From our Holiday Edition
SOME OF OUR NEEDS.

IF, therefore, the Government OF the Unitee
States should carry into execution the projectot
eolonlzing the great valleys OF the Columbia o.
Oregon river to the west Of the Rocky Mountan
it would afford = subject If grave consi isratior
wna6 would he the future c.gil and political des
tiny Of that country. 1t wonld be long time
before it wouia be populous enough to be created
into one more Independent States, and in the
meantime the colonists would be
in a state of the most complete subordination.
Such a state Of absolute sovereignty
on the one hand and OF absolute dependence en-
the other la not congenlal with tho free aud indie
pendent spirit ofour native Institutions. =
Chan cel1oy Kent, T. Kents CONS. $50.
Fitty-seven years ago, when the Repub-
lie was still an experiment, Chancellor Kent
with prophetic eye, saw the evils to which
Territorial, distant, dely-formed gov
ernments would be subjected. He saw
that the great national legislature, engros-
sed by the interests of the mighty States
in the vicinity of the Capitol, would have
but small portion Of its time and atten-
ton to devote to the welfare of those dis
tant and unknown provinces, with mere
ly nominal representation, which he knew
would be formed beyond the Rocky Noun
tains-those mysterious barriers which,
bounded at his time, as did the Pillars of
Hercules to the ancients, the regions of
the positive and the known.
1t needs but slight examination Of
Federal legislation to see that his predic-
tions have been fulfilled--to see that--as
he goes on to say: "the establishment of
distant Territorial governments, ruled ac-
cording to will and pleasure, would have
very natural tendency, as all pro-consu-
lar governments have had, to abuse and
oppression"
What is the proof Of this? Let us con-
slider, first, the Indian reservations: More
than one-third of the Territory Of Mon
tana, comprising in area more than the
State of New York, is included in Indian
reservations. Over these reservations the
laws of the United States, alone prevail
The only protection to life, limb and prop
erty is afforded by Federal laws. What
are these laws? The worst system OF
criminal laws ever devised by a civilized
government. Passed at widely different
times, having reference usually to only tenn
porary needs, uncertain, insufficient, inse-
cure, with ten thousand loop-holes through
which the accused can slip, without even
the aid of counsel, it il certainly, as we
have said, the worst system Of criminal
law in the world.
1t does not punish MI assault, or bat
terry it does not punish an assault with IN
tent to commit rape; it does not punish a
burglary. And in this connection we
must remember that the Supreme Court
has held that common law offenses canuoy
be punished BY u. S. Courts, unless the Of
fense be defined by statute. It would
be useless to enumerate the many deiici-
encies of the Federal code, or to even name
those Of which the writer in particular
cases has been personally cognizant.
Let us pass to the consideration OF the
machinery Of the Federal Courts in this Ter
ritorv. The Federal Courtsare held, one in
each Judicial Distrct--one at Bozeman,
one at Helena, and one at Deer Lodge. AS
may be readily supposed, nine-tenths OF
the cases arising before these courts result
from offenses committed On reservations.
But Helena is one hundred and fifty miles
from any reservation. and Deer Lodge is
one hundred and twenty miles from any.
Now U. S. witnesses and jurors receive but
five cents mileage, and an average of $l.76
per diem. Neither witnesses or jurors,
therefore, receive enough to repay their
actual expenses. Hence it would seem
that it should be the policy of the govern
ment, at least until it can increase the
per diem and mileage Of witnesses and
Jurors, to hold terms of court at such places
as would necessitate the least possible
travel and detention of witnesses and
jurors.
The facts, however, are as follows: Out
of all the cases tried at Helena, in the writ
er's experience, nineteenth have arisen on
the great Northern Reservation. The wit
nesses, the defendants and guards have
had, therefore, to travel about three hum
dred miles more than they would have had
to do had the II. S. term been held at Ben
ton-at q loss to witnesses of from thirty
to fifty dollars each--at an extra expense
to the U. s. of at least ($l5o) in each case,
and at much greater loss to jurors arising
from detentiona caused by the often
unavoidable delay in the securing
presence OF witnesses from great dis
tanees.
A similar state of things exists in the
Second District. Of the First District
there is nothing to complain SO long as but
three terms Of United States Court are
held. 1t would, however, be more econ
omical, more convenient, and more sub
servient to the ends Of justice if a U. S.
Court sould be held at Miles City, as well
as at Bozeman or Virginia City.
Another want, concerning not only the
Indian reservations, but the whole Terri
tory, is another Justice. Except in the
case of large bench. it is not subservient
to the ends of justice to allow the Justice
who presided below to sit and give his
vote upon matter whereon he has al
ready ruled below.
Some years ago the writer acted rs pri-