The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-12-08
The Semi Weekly Miner
III LAW.

IdG EEt1NI4Nt LA
The MINER has purposely re-
Trained from commenting upon
Judge Wade's remarKanie decision
concerning the validity of the print.
ing law. It would have continued
silent but for the equally remarkable
action of the county commissioners
of this county at tnelr meeting day
before yesterday. MOI is it u pur-
pose to enter into q review of that de-
cision now. ALI that could be writ
ten upon it or said about it would not
affect its fate in the court of last re-
sort. An intensely partisan judge is
as intensely partisan in II court as
In another. He is limited in en-
phasizing his partisanism only
by his opportunity. Had Judge
Wade been less the partisan and
more tho judge, he could not nor
would not have stained the annals
Of Montana jurisprudence by such an
eminently unjust decision. But un-
just as it is to those who have en-
tered into contracts to do county
printing, it is quite as unjust to
Judge Wade himself. He has borne
a fair reputation as a judge, but with
no margin to spare, and he can ill
afford to have one iota subtracted
from it. What he has lost by his
very remarkable decision on the
Printing law may not be SO apparent
to the gentleman at the present time
when he is the recipient of the
plaudits of q partisan press. But the
time will come when the fact will
force itself upon him that in gaining
those plaudits he also gained the
contempt of all honest men.
If Judge Wade had been really
anxious and in earnest to ascertain
the intention OF the Legislature in
passing the Printing law, he would
have learned that if the Legislature
intended to limit the operation of the
law to two years it would have ill.,
corporated its provisions in a joint
resolution and passed it instead of
enacting them into a law without a
limiting clause. This is the course
pursued by all legislative bodies. A
joint resolution simply authorizing
the Governor, President of the Coun-
Gil and Speaker of the House to enter
into a contract with newspaper pub
fishers to do the county printing at
specified rates for two years would
have covered the whole ground. But
If the legislature intended to pass a
printing law that would remain up
on our statute books until rep saled it
took the proper course and passed the
present one. And again if it intend
ed it to be self-repealing at the end of
two years from the date of its passage
the same legislature or a subsequent
one, would have made some provi-
sion under which the county print
ing could be done, whereas if Judge
Wade's decision is a sound one there
Is no provision made for it. In fact
there is no authority under our stat
utes which authorizes any one ex- !
cept the Governor, President of the
Council and Speaker of the House to
enter into a contract to do printing of
any kind.
This being the case the recent &C.
ton of the county commissioners of
Silver Bow County in regard to pro-
for the future printing of the
county is remarkable IN the extreme.
They have not waited for the deci-
sion of the highest court in the Terri
tory upon the matter but without au-
of law or the shadow OF au-
thority they adopted the following
resolution at the meeting named:
Resolved, that Harry C. Kessler, of
the board of county commissioners, be
and is hereby authorize I'd and empow-
cred to contract with some person
Dr. persons within the county of Sill
yer Bow to do all of the printing and
advertising of whatever character the
county of Silver Bow may be charge
able. Said contract shall provide
that all county printing shall be done
the county when possible,
and shall be made for the term of one
year.
1t will be noticed they authorize
one of their number to contract for
The printing. 1t is not even left to
lowest bidder but may be con-
for at any price, exhorbitant
,r otherwise. Under this resolution
he county may be compelled to pay
our prices for its printing. Nc bid
ling for it is allowed. No proposals
IRE to be submitted, in fact all compe-
ition is barred out. AS Judge
decision is a sample of Re-
publican justice SO is the action of
he County Commissioners of this
under that decision a sample
4 Republican fairness. We shall
ave more to say upon this and kim
lred subjects.