The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-02-08
T: DEER LODGE, MONTANA, FRIDAY, FEBRUARY 9, 1884

compensation shall be provided for by law.
Pemberton moved 70 strike out the words,
cor appointment" Carried. Tho section,
after short debate, was then adopted AZ
amended.
Section %, which defines the Jurisdiction
of the county courts, was discussed for
short time, but the committee arose without
taking any action.
AFTERNOON sEssIos.
The Convention went into committee of
the whole for further consideration of Gen.
eral File No. IS.
The discussion Of section % was resumed,
and after adopting an amendment to the
same making the limit of jurisdiction one
thousand dollars, instead Of five hundred,
the section was adopted.
Section %, as adopted, provides that the
Legislature shall divide the counties into
townships. 1t also provides for justices OF
the peace, for their election, term Of office,
and their jurisdiction.
Section "a, as adopted, prohib the county
and Justices courts from having jurisdiction
in certain cases.
Section 81 was adopted as read, and is rs
follows:
County and Justices courts shall always
be open for the transaction of business,
except on legal holidays and non;judicial
days.
Section 26 was adopted after being amended
to read as follows
Appeals shall be allowed from county and
Justices courts, in all cases to the district
courts in such manner as the Legislature
may prescribe by law.
Section q, as adopted, gives the Legisla-
ture the privilege of providing for police and
municipal courts.
Sections from % to SO, inclusive, were
adopted substantially as read, and are az fol.
lows:
Section 2s.-The supreme, district and
county courts shall be courts of record.
Section 29-Until otherwise provided by
law, the judges of the supreme and district
courts shall fix the time of holding the terms
of their respective courts.
Section 80 provides that all laws relating to
courts shall be general and Of uniform opera
ton throughout the State.
Section 81. The style of all processes shall
be "The State of Montana" and all prosecu-
tions shall be conducted in the name and by
the authority OF the same.
Section 80. There shall be but ono form of
civil actions, and laws and equity may be
administered in the same action.
Section 80. The Legislative Assembly may
provide for the election of all judicial officers
at time different from the election of other
officers.
Section "a was adopted as read. and leaves
the salaries Of the Judges of the different
courts to be fixed By law, consistent with the
Constitution, and provides that no Judge
shall receive any other emoluments or per-
quisites than his salary, except in the case Of
the judges Of the county courts, who may
receive fees under the laws of the United
States.
Section IS. No judge of the supreme, dis.
trict or county courts shall act or practice as
the courts Of this State during his con
tinuance in Office.
Adopted as read.
Section 30 makes It the duty of the Su
preme Court to appoint one reporter of IT
decisions His compensation shall be pro-
vided for by law, and he shall hold his office
for four years. The Legislative Assembly
shall provide for the speedy publication of
all decisions and opinions of the Supreme
Court Adopted in full
Sections II, 3s, 80, 40 and Al were adopted
as follows:
Section 81. Judges of the Supreme and dis
trict courts shall receive such salaries, paya
Bile quarterly by the State, as may be pre-
scrib-d by law; county judges shall receive
such salary, payable by the several counties,
as may be provided by law. But no salary
of any judicial officer shall be increased or
diminished, during his continuance in bis
Office Until otherwise provided by law, the
annual salaries of said judges shall ba ~ fol
lows: The Judges of the Supreme court, $4,000
each the judges of the district court, 81, 900
each the county judges of Madison, Beaver
head, Missoula, Choteaui, Meagher, Yellow
stone, Dawson and Jefferson counties, 81, 200
each; Deer Lodge and Custer, 81 400 each !;
Lewis and Clarke, Silver Bow and Gallatin
counties, 81, 800 each.
Section 80. All officers provided for in this
article excepting judges of the Supreme
court, who shall reside within the State, }
shall respectively reside during their term OF
office, in the district, county, township, pre-.
cinct city, or town for which they may be
elected or appointed.
Section 80 provides for the filling of yacan-
cies in the different court offices.
Section 40. No Supreme, district or county
Judge shall hold any other office than the
one to which he shall have been elected or
appointed, except as provided in this Consti-
tuition.
Section Al. A cause in the district court
may be tried by judge pro tempore, who
must be member OF the bar, agreed upon
in writing by the parties litigant or their
attorneys Of record, approved by the court
and sworn to try the cause and in such case
any order, Judgment or decree, made or rem
dered therein by such judge pro tempore,
shall have the same force and effect a. If
made or rendered by the court, with the reg.
ular judge presiding.
The convention then adjourned until 10 A.