The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-01-25
THE coSsrrrurroSAL CoSvESTIox
The ship of stat. on the Open Sea.
Editorial CORRESPONDENCE

L HELENA, Jan. Zf.-NnlIr aDIH 10 report
good progress In constitution making, mean.
while there has not much OF interest occur
red In the formal sessions of the convention
since wrote you last, except the appoint
ment Of committees. The assignments, q
most arduous task, were generally made by
President Clark with rare good judgment,
and there was less complaint, either on the
ground Of courtesy or the composition of the
committees with regard to qualification for
the especial work assigned to them, than we
have known before even Ia branch Of the
Legislature. II may as we'll be said also,
for It Is true and important, that the several
committees at once addressed themselves TO
their respective tasks with energy, aud have
continued TO work with commendable indus
try. II may be pardoned for again refer
ring TO political distinctions, which have not
been manifested since the first day, it will
be seen that the Republicans were given fair
representation everywhere, and compliment
ed by the craftsmanship OF the committees
on the Executive Department, Education,
Apportionment and Representation, and
Agriculture, Manufactures, Commerce and
Immigrstion-to which Mills, Hedges, Cal.
laway and Fergus were respectively appoint
ed. The election of subordinate officers aud
the appointment Of committees entirely dis.
sipated the little cloud Of partisanism that
on the first day disturbed the serenity Of the
convention, and since then the Spirit that is
supposed to represent the universal brother
hood of man, might point with qualification
to the exemplificatlon Of the Convention
and say: "Behold how good and how pleas
ant 1t Is for brethren TO dwell together in
unity"
IL may be as we'll, however, TO admit that
the millennial peace Of the body Is liable to
be broken at any time. While there Is no
probability Of it developing into bear gar
den, the members are going to differ in views
radically In committee and Convention.
There are diverse opinions on several i'm
portant subjects, and they are entertained by
men Of ability, force and tenacity.
The Judiciary committee is going through
an ordeal of that kind at present, an d will
doubtless present two reports. The
majority, with Dixon as chairman, will
probably report In favor Of Supreme Court
consisting Of three members, with four Dis
trict Judges in the State and County Judge
In each county. The District Judges are
distinct from the Justices of the Supreme
Court. Otherwise than this, and the estab-
lishment Of four Districts, the organization
and Jurisdiction of the Courts will be prac-
tically rs at present. The minority report,
which will be submitted by Mr.. Burleigb,
contemplates the California system as a
basis. In that State there Is in each county
what Is termed q Superior Court. 1t has the
jurisdiction now vested In the District
Courts IN Montana, and In addition thereto
the Jurisdiction of the Probate Court, the
latter being abolished. The advantages
urged for this, and 1t Is said to work well In
California, are that there are frequent or con.
tinuous terms of Court, affording the speedy
adjudication of all cases aud relieving liti-
giants not only from delay in trial, but the
counties from one Of the chief items of ex-
pense, viz: the boarding and guarding of
prisoners during the long intervals between
terms Of Court where the districts are large.
II Is an element of the system proposed that
the Judge may, In chambers, act upon appli-
cations for letters of administration, subject
10 confirmation In Court. Grand and petit
juries need only be ordered by the Judge
when deemed necessary. In Montana it is
suggested that counties might be- eranped IN
small districts for this system, say districting
together Lewis and Clarke aud jefferson,
Gallatin and Yellowstone, Custer and Daw-
son, Uhoteau aud Meagher, Silver Bow and
Beaverhead, Deer Lodge and Missoula. Mr..
Burleigh believes he /: prepared to show that
Notwithstanding the increase Of Judges and
clerks, 1t Is more economical for the public |
than the present system. / believe the ma
jority Of the committee admit the superiority
Of the system, but doubt the judiciousness
of adopting it at the present time, and leave
II TO the Legislature to do so If they deem IL |
advisable. Some Of the ablest members and |
best speakers Of the Convention are on the |
expect to hear some eloquent thunder when
these legal Joyes hurl their 0lympiau bolts. |
The committees on Mining, Water and |
Water Rights, and on Finance, including
Taxation, are also likely to meet lions In the |
way. The first committe on Mining, etc.,
appointed, consisted Of Daily, Merriman,
Eaton and Proctor, with one vacancy. Mr.. |
Medhurst arrived this morning, was sworn
In and appointed TO the vacancy. Messrs.
Merriman and Proctor then asked that four
members be added TO the committee, and the
latter gentleman suggested that as he was
the only member not representing mining
constituency, the chair might with propriety
appoint members from agricultural commun-
tiles. The addition to the committee was
granted and the chair appointed thereto
Messrs. Power, Abascal, vanGasken, Me-
Clintock.
Incidental TO the remarks on the increase
Of the committee, Eaton, Of Gallatin, sug-
gested that the President should appoint on
the committee 'the best lawyer in the Con-
vention." President Clark didn't propose
to be struck by the kind of lightning such
selection would invoke, so he
adroitly avoided the issue by not naming
any lawyer at all.
HELENA, Jan. 22.-The Convention had
short morning session to-day aud adjourned.
Up to the present time six standing commit
tees have reported, and it Is probable the
Judiciary, Legislative, and Executive De-
partment Committees will report tomorrow.
This will embrace the bulk Of the work the
Convention will have before 1t. Some three
Or four Of the reports will also be printed
ready for use tomorrow and / anticipate
heir consideration will be commenced In
he afternoon. Up to the present time IL has
been thought best to keep the committees
'teadlly II their work and not consume their
lime or distract their attention by the con.
'ideration of other matters.
From the composition Of the Legislative
md Judiciary Committees good work is an
icipsted at their hands. Mr.. Langhorns, ,
Who Ii chairman of the former, has had +,
much Legislative experience and Is man OF