The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-02-08
rur CONSTITUTIONAL CONVERSIONS
Tho Work Of Framing n Constitution
Nearly Completed.

line of my writing had reached you prior 10
going to press. There is something almost
uncomfortable in the irregularity Of railway
mail service between Helena and Deer
Lodge, and so far as the transmission Of
mails Is concerned, one cannot but wish that
the old stage.sleighs and coaches were again
Oh the road. However, shall try 1t again,
and trust TO better luck. | may say here
that from all appearances at present the
work of the Convention will be closed by
Friday or Saturday, and by another week
hope to be hanging my own "copy on the
book" without the subsequent Intervention
of any one but "the devil"
Saturday last was consumed in consider
ing the judiciary report. Dixon, chairman,
made the majority report, concurfed in by
all the members of the committee but one.
1t provides very much the same system as
exists at present, except that there are three
supreme court judges, TO be elected, who
constitute court distinct from the district
judges. There are four district judges pro-
vided for. A county court Is provided in
j
demeanors, matters Of probate and civil
causes up TO 81 600 The judge ofthe county
court is chairman of the Board Of County
Commissioners. There is also provided for
each county estates Attorney" who appears
for the people and is legal adviser to all
county officers. Lesser jurisdiction Is vested
in justices of the peace. The minority re-
port was made by Burleigh of the First Ju-
dical District-the youngest and one of the
ablest members of the convention. II pro-
vided for what Is known as ''the California
Superior Court system" which mentioned
at length two weeks ago. When the first
section of the majority report came up for
consideration In Committee of the Whole,
Burleigh moved TO substitute the first sec
ton of his report and this brought on the
contest at once, as on the adoption of one
section or the other hinged the result as be-
tween the two systems. Mr.. Burleigh made
an excellent showing for his system in an
elaborate speech, sustained by facts and
figures. Proctor supported Burleigh. Dixon,
Toole, Galloway, Hedges, Hunt, Smith, and
Waterbury opposed it. The fight was ami
mated and prolonged. The majority advo-
Gates generally admitted the superiority of
the California system and had Incorporated
In their report a provision permitting the
Legislature to adopt 1t at any time 1t was
deemed desirable, but did not consider the
conditions were such in Montana at present
as to render its immediate adoption expedi-
ent. Durleigh's report did not at any time
have more than six or eight supporters, aud
when the motion was put there was not even
"division" called for. l think, however,
II, when the complexities Of the majority
system subsequently developed, there could
have been return to the first proposition it
would have had many more supporters.
To-day, after some other business had
been disposed Of, the report of the Commit
tee on Revenue aud Taxation, Collins,
chairman. was taken up in Committee of the
Whole. This contained subject over which
the Committee on Taxation had had long
struggle, aud which 1t was anticipated would
bring on the hardest fight of the session, Uiz.::
the taxation Of mines. We were not disap-
polluted. 1t occupied nearly the whole day.
The provision reported was very similar 10
the present law on the subiect-taxing i'm
provements, surface ground, and net pro-
ceeds. Galloway, Hedges VanGasken, Wv
ion, Smith, and Fergus opposed it. ALI the
other members who spoke favored it. 1t was
finally adopted as reported by the commit
tee. The section provides that growing
crops and calves under six months old shall
be exc apt. The debate took too wide
range to even attempt a synopsis of the ar
guments. wish here, however, to say for
Mr.. Collins, the chairman of the Committee
on Finance, who has had the knottiest preb-
lens to solve and the hardest work of any
member Of the convention, that he has &C.
quilted himself admirably, and that his COM
mttee has reported fundamental principles
which have stood analysis and attack and
extended discussion and in the end have so
commended themselves to the convention
that they stand almost intact.
This evening the Preamble aud Bill of
Rights, reported by Mccormick, chairman,
were considered and reported to the conven.
ton. Very little change was made in them.
Tomorrow the report of the Committee on
Schedule and Ordinance will be first In order
and then there Is but one more General
File" TO be considered In Committee of the
Whole. Only few have yet to be consid-
cred before going to the Engrossment Com
,n,ttaa Wa ara naaripg tho and I fhink
probably by Wednesday evening or Thurs
day noon the several articles will be turned
over TO the Committee on Revision. Then,
the enrolment and signature, and that ends
1t, it being the general belief that the Com
mittee on the Address will DO given time
after the adjournment TO do their work.
The members have staid manfully by their
work. There has been no time wasted and
1t has been no holiday occasion. Due con-
sderation has been given every proposition,
and there has been no disposition to slight
the work. But many men are serving here
to the detriment of their personal interests
and the neglect of private business, and there
Is universal disposition to finish the task as
speedily as possible, consistent with careful
work and disprse. The end Of the week
will see the end of the convention. NJ.
HELENA, Feb. 5.-The greater portion of
to-day has been consumed In considering In
the Convention the article on Revenue and
Taxation as reported back from committee
Of The whole. The question Of the taxation
of mines was fought all over again, occupy
ing several hours. The article was at length
adopted with but little amendment, the dis
cussion having finally been terminated by q
demand for the previous question. The
matter is purely one Of legislation, but the
more recent Constitutions in The mining
country have incorporated II In about the
form 1t appears here. No State or Territory
succeeds In collecting more, aud by incorpo-
rating the provision In the Constitution an
element of discord is eliminated from the Leg
islatnre. Every member from the Second
Judicial District, and every member from the
counties composing the district, except Mr..
Grail IF r. a. a.