The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-04-18

enjoyment OF HE, liberty, ana pro
: erty, and all of the privileges al
immunities enjoyed by the me
favored citizen of all other States ar
: Territories Of the government, hs
been fully guaranteed to hi
before the Territorial goyerl
ment of Montana had a bein,
These rights and privileges had bee
secured to him by the national col
stitution, as a citizen Of the Unite
States, before his feet touched tn
soil of the Territory, and there is n
authority reposed in its Legislator
by the organic act, by the exercis
of which that body can deprive hir
of their full and free enjoyment
And. all statutes are void
and without effect, which are fcun'
to be obnoxious to these solemnly se
cured privileges"
Furthermore, these rights and priv
ileges, the writer contends, were be
queathed to us by the patriots of tn
revolution. They r the right
which our fathers wrested from tn
iron grasp of an un welding tyran
in their struggle for American indie
pendence. They are the identica
rights and immunities which the OPP
pressed barons of England, "sword
in hand" claimed and secured
from King John at Runny
mede in 1889, when they demanded
the right OF trial by = jury of theil
peers, or his "head." They are the
rights secured to every British sub
ject by Magma Charter and the com
mon law, and to every American
citizen by the constitution of the
United States. These are his nat
Nraf, Inherent, u~nalienadk rights,
which no earthly power can wrest
from him, except by due process of
law. What is meant by due process
Of tau is given in the language of
Mr.. Webster, who said: "By the law
of the land, is most clearly intended,
the general law, which hears before
it condemns, and proceeds upon IN
and renders judgment only
after trial."
"Now," adds the writer, sin the
light of the authorities cited, the
question now presents itself. whether
the territorial legislature possessed
the constitutional power to determine
the rights of the Commissioners of
county, or of any other Off
GERS lawfully elected by the people,
they were in possession and
aischarging the duties of their office,
and depose them by a legislative act,
without an opportunity TO he heard
IN their own defense. The official
'erm of Office; the compensation; the
official duties; the causes for removals
md the manner of removal from
office were all provided for by law
The method of contrasting elections
md of trying title to the office by
proceedings in the nature of quo vor-
in the district court were all
provided by statute. ALI of the
means necessary to protect the right,
If citizens had been amply provided.
The courts of justice were open to
vi; the necessary means for redress
ng every grievance was at hand. If
hese officers were not legally elected
y the voters, al adequate remedy
lad been provided by law for deter
their title to the office claim
d. If they were guilty of usurpa-
ion, and had %unlawfully taken pos
ession of the office in question, an
mple remedy existed to GUST them
y proper proceedings IN the district
ourt. If they had been guilty of
l%alfeasance in Office they were, and
ill are, amenable to the criminal
Tvs of the territory, and liable on
leir official bonds" He also
Istly contends that the prece-
ent established by the legis-
tive act referred to in
out these three county Off
is pregnant with both present
Id future mischief; that the act
as a legislative decree,
dicial i'll its character, against
rec mel for past transactions; that
} n will pretend that a court,
UGH less, a legislature, can try and
'iermine the right of a party ac-
sed of violating the law upsn an
partc hearing, and pass judg-
emf of condemnation without Civ i,
g the accused an opportunity to be
ard in self-defense, and that if the +,
II
,islature can thus proceed to pass ,
dgment in defiance OF the constitu- !
nal right to he heard before judy i,
ent of condemnation, it can by !
nilar acts of arbitrary authority +
move every other public officer, no, -,
ly in Custer county, but In every :
Ter organized county Of the terri .
y, wherever requested to do 80 by 9
bilious friend. who desire their :,
ces. :.
The writer cites authorities Z
sustain his positions and y
ally presents the whole n
'stion in the following plain Ian II
'ge: "The main question involved "
he recent act of the Legislative f.
in removing the Commits 6;
lers of Custer County, is this: Has q,
law-making power of the Terri a,
the right, under the organic act, ~,
|eclare vacant a continuing county h,
,e, and remove the incumbents III
charges without a hearing, or n,
opportunity for self-defense. In il,
er words, has All officer, duly w
ted and qualified to a public con- ~
ing office. any such right, as pro- he
him in tic noo,nok;nD ,-1