The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-01-20

TIN PAINTING Law.
Il has beenn,e the hhshjon, ~ Lee
ielature socoee(ls Legislature 10 Hon
t.ue. for The Republican member
under . pretense ebst they sre labor
iux for the down-trodden pab'ic, to
move for repeal Of the printing law
that be- st..1d on the statute looks
~ the Territory forsix years, endorset1
b.. :l,s fair-n,in.letl Republican press
OF the Territory and by the people.
!, b urged ~ one VI the reasons f"r
REVEAL that parties litigant are denied
the privilege of taking their legal
publications where they wish. or
where they might possibly obtain bet
ter terms. They arr also denied the
choice ii ,i.c Judge to try their c''s*'''
cf the clerk IL issue their D'rssst's'<.'.
an AZ the sheriff to serve them. The
feeble minded ,arsisan~ vii" ury' re-
peal Of the Er.niing law
upon suci, grounds seem I" ""-
sumo that litigation II nc
y one.siled aud personal affair. a
p|aintifr In . .mit should have no
srxater option In the matter Of legal
publications. than he has In the mat.
ter Of courss, officers or Gusts. Legal
publications are . part Of the costs It
. legal proceeding. In . majority VI
i,,*tancrs they are paid by the de-
PENDANT, who has tie greater right,
IL any exists, to choice IN the In
strun,eut thrnugh which they are inl-
pissed.
Legal printing IL not matter VI =
private Or personal character. 1t b
~ much . ),art Of the machinery Of
COVE, u,nent ~ courts snd their Of
hcers. With ~ much rraaon could
the whole pack bay along the trail ut
courts aud their clerks. Tbe IIegis-
lAture can increase aud limit juris-
diction Of . judge, and e~tablish =
civil practice at l,y which only
Judgment can be reached before
him, hut It cannot allow every
litigant t. select his own Judge he
fore whom Judgment can I've hsd aud
enforced. 1t can prescribe the duties
Of the clerk and 6x his fees; but It
cannot extend to litigants any choice
over the person who may issue pro-
cess. The possibility Of the litigant
finding some one who would do the
clerical work more cheaply cuts NO
figure in the matter. legal publ
cations are for the information Of
parties interested. The selection Of
tue means by which they are to he
made is ri public, not private, co,,-
FERN. The privilege extended to
l..r..<S plaintiff ~ selecting some
journal In which to make
legal publications would Ike raro.ly
on Justice. The cs'uutry II full Of
Ut judicial crimes cnl,-
mittetl by means If obscure pul,lica-
lions. 1t IL the province Of govern
n.eut. in saying that service can I've
made Ivy publication, 10 say al.o that
such service shall be in the most
I.u:..: nlannr. pss.sii.L..
In . wise exercise Of this govern
mental function, the Legislature Of
Montana has said that legal publicA-
IiO.,s shall he made in "well known
journals Of general circulation" The
'ropriety Of having them made
n journals Of that character cam
nj I've cOntroverte<i. It follows,
hen, that there must he come com,-
,eient authority to decide what are
,lch journals. The b0ard cO,,stitu-
Ell hy the printing act-Governcr
md presiding officers Of the the two
louses--are In y position to decide |
his question ~ intelltgently ~ any |
hres men In the Territory. In the |
nalogics 81 the cssse they arr the !
My proper men. Legal publications
ne part Of legal procedures IN der |
be civil practice act Of the Territory, |
MI are not y matter cf local or I
0u...y concern. The authority ~ .
make y law carries with it the inner.
ut power to sele,.t the vehicles fl.
d execution.
There Ia one other class III printing
rovi.lesl for under the printing law
printing. The printing IT
he annual county report, and such
Offices ~ may lie required from, time
, time. are for the Information of
X payers. and should he made tn y
well known journal VI general circu-
'tion." The selection If such q
'urnal, by hoard constituted by
W, destroys every partisan induce
,ent to defeat the objects of such pub
cations hy relegating them to Oh.
'urity. The printing of such blanks
may liz required Is wisely taken
"m the disposition of PARTY favor
ism. and put into the hands Of the
w
The movement for the repeal Of the
law Is not based on any ex.
ectattOn Of county economy. 1t
that character Ut partisan Iegisla-
On at which the people of Montana
~ we'll trelnble when 1t begin. to
veep over our fair Territory. Fault
not found with the general govern
nment In ordering its mining pub
rattons In such journals ~ 1t may