The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-12-15
A Sample of Montana Justice.

A Sample of Montana Justice.
Independent, December 8.
A shown in our first article and as
was evident from the published deci-
sion of Judge Wade, he based his adj
verse opinion to the printing law up
on the first and second sections of the
act. and hastily concluded from those
SECTIONS. that the Legislature only
provided for one single contract,
which was extended but for two
years. His conclusion, it will be re-
membered, was as follows:
at 1.-THE Legislature simply pro.
vided for making q contract, ano
only one, which by the Limitation of
section 973 expired two years after
the passage OF the act, to-wit: Janu-
ary, 21st, 1875"
but had Judge Wade read further
on in the printing law, he would
have found all his objections set to
rest without any difficulty Of on
struction. For instance, section 9S3
provides as follows:
"Section 963. That it is also made
the duty of the said Governor. Presi-
dent of the Council and Speaker of
the House of Representatives to con-
tract with such person or persons as
they may deem proper in the interest
of the several counties in the Terri
tory to do and perform all the print
ing for which said counties may be
chargeable, including legal advertls-
ing, blanks and official publications
at the following rates." (here follow
the rates prescribed.)
"SectiOn 9S4. That the said Gov
ernor, President of the Council and
SPEAKER of the Rouse of Representa-
tiyes shall select and contract with a
person or persons resident an and
publishing q pepper in each Of the
counties to do the printing in said
county of which he is q resident; or
in q 8 no paper is published in any
county or no publisher in any county
will contract under the terms and
provisions of th!s chapter to do the
printing Of said county, then the
Governor, President of the Council
and Speaker of the House Of Repre-
sentatives, or q majority of them
shall contract with the proprietor Of
q newspaper having a reasonably
large circulation in said county to do
all the printing of every description
for which said county may be charge
AbIe."
"Section 1856. That the contract to
do the printing for each Of the said
counties in the Territory Aforesaid
shall be for the same period pre-
scribed by section 973 of this chap
ter"
These chapters virtually set to rest
every point made by Judge Wade
based upon the first section of the
law.
First. He claimed that under the
law "there is no authority to enter
into a contract At all except inanaedi-
ately after the passage of the act"
hut it will be observed that these
sections confer q general authority to
contract for printing upon the Gov
ernor, President of the Council and
Speaker of the House without desig-
mating IS claimed by Judge Wade
that 1t should be done "im'redsateIy
after the passage of the a Under
these sections it is plain that the off,
GERS designated could contract at any
time under the general powers con-
ferred upon them. 1t is also plain
under these sections that the author
ity to contract was not limited to
zone contract and only 0ne' as
claimed ny Judge Wade, but that the
officers designated were empowered
and required to make separate con-
tracts with each of the newspapers
published in the different counties.
The general authority, too. to con-
tract, is not conferred upon the in
dividuals by name who held the re-
spective offices of Governor, Presi-
dent of the Council, and Speaker of
the House at the time of the enact
ment of the law, but upon the offices
thus showing that it was
the intention of the Legislature to
the authority tOocontract upon
the future as we'll as the present
holders o fthese offices; Had 1t been
the design to limit tire authority to
contract to the then Governor, Presi-
dent of Council, and speaker of the
they would certainly have
been mentioned by name and their
authority limited for two years. OF
course the time of each contract was
limited to two years, for the simple
reason that two years was the tenure
Of office of each President of the
Council and Speaker OF the House,
and it was not designed that any Of
deer should have the power to con-
tract beyond his own term of Office.
It will also be observed that the term
Of each contract is not limited to two
years but 1.-The period of two years."
Mr.. Webster defines the word period
&c mean "a series Of divisions of time
IN which something is completed
and ready to rsc0mmence and 90
On in the same order" Had not the
clearly intended q series
Of successive contracts to follow each
other. it would not only have named
specially the officers authorized to
contract, but expressly limited their
authority to two years instead of Pc
.iods of two years
It might be said, in fact, that the
,ntire printing law throughout fatty
,ontradicts the assumption of Judge
Wade that the authority to contract
vas limited to lone contract, and
My one." For instance, section 900
expressly provides: |,
THAT any newspaper that has
'een designated under the provisions
( this chapter In which Territorial
II county printing il to be done shall
suspended or otherwise fail to full
III any contract made for printing in
ursuance of the provisions of this
then, in that case, it shall be
he duty of the Governor, President
the Council, and Speaker of the
louise Of Representatives, OF q ma
'rity of them, to at once contract {
18th some other publisher for spch
lblic printing" {
Here there is express authority Z
Inferred to make more than lone !
,ntract," although it is gravely as !
fl l. fs-sA>A A. n