The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-02-08

court of impeachment in the supreme
court, superior courts, Justices tof the psace)
courts, and such inferior courts As the Legis-
lature may establish in any incorporated
city or town."
Proctor supported; Smith, Toole, Gala
way, Hedges, Waterbury and Hunt opposed
the amendment.
A vote was then taken on Burleigh's
amendment, which resulted In the defeat Of
the same.
EVENING SESSION.
The Convention went into committee Of
the whole for further consideration Of Gen.
eral File No. Is.
Sections from to 8 were adopted without
debate.
Section 2 provides that the Supreme Court
shall have appellate jurisdiction only, and
inferior courts.
Section gives said Court or any Judge
thereof power to issue certain writs, with
authority to hear and determine the same.
Section 4. At least two terms of the Su-
preme Court shall be held each year at the
seat Of Government.
Section o. The Supreme Court shall consist
Of three judges, q majority Of whom shall
be necessary to form quorum or pronounce
decision; but one or more of said judges
may adjourn the court from day to day, and
the Legislature shall have the power to in
crease the number of such judges to not less
than three nor more than FIVE.
Section6. The judges of the Supreme Court
lx.lt L. IL H. II 80 Ga.
at large, as hereinafter provided.
Section 7. The term Of Office of the judges
Of the Supreme Court, except as in this
CO Institution otherwise provided, shall be six
years.
Section provides for the election of three
judges, at the first election under the consti-
tuition, the manner of classifying the judges
after the second election, and the manner in
which the Judge shall choose their Chief
Justice.
Section was adopted as read, and provides
that there shall be clerk of the Supreme
Court, who shall be elected by the people,
whose compensation and duties shall be pre-
scribed by law.
Section 10 provides that to be eligible to
the Office of the Supreme Court, a person
must have been admitted to the practice of
law in the Supreme Court of the State Of
Montana. He must be at least 80 years of age
and citizen of the United States, and must
have resided in the State at least two years
next preceding his election.
Sections from IL to II, inclusive, refer to
District Courts, and were adopted as read.
Section II defines the Jurisdiction of the
District Courts.
Section 12 provides that the State shall be
divided into judicial districts, in each Of
which judge shall be elected TO preside
over the same, and whose term of Office shall
be four years, except A. otherwise provided
in the constitution.
Section Is is as follows:
Until otherwise provided by law, said dis
trcts shall be four in number, and constitu-
ted as follows;
First District-The counties of Beaver
head, Madison, Gallatin and Jefferson.
Second District-The counties of Missoula,
Deer Lodge and Silver Bow.
Third District-The counties of Lewis and
Clarke, Choteau and Meagher.
Fourth District-The counties of Custer,
Dawson and Yellowstone.
Section II provides that the Legislature
may, by a two-thirds vote, increase the num-
Der of judicial districts.
Section 10. Writs of error and appeals may
be allowed from the decisions of the said
district courts to the Supreme Court, under
such regulations ~ may be prescribed by
law.
Section l6 No person shall be eligible to
ha iea nF tuRn IF ha ~ IL
he be at least 25 years of age and citizen Of
the United States, and shall have been adj
mitted to practice law in the Supreme Court
of the State of Montana; nor unless he shall
have resided in this State at least two years
next preceding his election, and at the time
of his election be resident of the district
for which he is elected.
Section II refers to the time of holding the
district courts
Section 10 provides for clerk of the dis
trict court, leaving his election to the people
and his duties and compensation to be pro-
vided by law. Adopted.
Section 10, as found on the file, read a. fol-
lows:
Section 10. The Legislature shall provide
for the election Of prosecuting attorney for
the several judicial districts or counties of
the State, and prescribe his duties and fix his
compensation; and such prosecuting attor-
ney shall possess all the qualifications re-
quired Of judges of the district courts, ex-
cept that they need not be more than 81 years
of age; and their term Of Office, except rs
otherwise provided In this constitution, shall
be two years; but until otherwise provided
h. Ia. ,I.Il H..
elected for each judicial distric: by the cleo
tors Of the several districts of the State.
This section was SO amended that county
attorneys were su bstituted for district attor-
neys, each county to have its own prosecu.
ting attorney, whose salary Is to be paid by
the county. The section was then adopted
and the convention adjourned till 10 .. m.
Saturday.
SATURDAY, FEB. 2-MoRNING SESSION.
Smith, from committee of the whole, re-
ported General File No. II back to the Con-
vention, and recommended its adoption as
amended. Fergus offered q substitute as fol-
lows for General File No. II:
Section 1. A Bureau of Industrial Reso ur-
ces, to be located at the Capital of the State,
shall be established, which shall be under
the management Of q comm issioner, who
shall be elected at the frst general election,
and hold his Office for the term of four years,
except as otherwise provided in this Consti.
tuition.
Section 2. Tbs Commissioner of Industrial
Resources shall perform such duties and
receive such compensation as may be pre-
scIibed by law, and 1t shall be the duty of
the Legislature at its first session to pre-
scribe sush duties and compensation and to
pass such laws as may be necessary for the
government, regulation and support of such
bureau.
The substitute was accepted, and the File
was referred to the committee on Engross-
ments. u.u..
The Convention then went into commit
tee of the whole for the further consideration
of General File No. IS, beginning with sec
ton 49,
Galloway offered the following substitute:
Strike out section 10 and substitute as fol-
lows: ..
The first Legislative Assembly that shall
be held under this Constitution shall provide
for the election Of one State Attorney for