The river press. [volume] (Fort Benton, Mont.) 1880-current, 1884-04-23
Judge wade's Charge to the Grand jury.

McIntire and Maclay to the grand jury
Judge Wade said:
At the last term of court under pro-
vision of the statute requiring it, the
Grand Jury was instructed to give the
the county thorough examination,
with a view of ascertaining If there was
any corruption or fraudulent practices
among the officers of the county. I'm
de1taking this task the grand Jury
found in consequence of their limited
time and the Inconvenience of making
such examination by SO large BODY OF
men, that 1t was impossible to give the
matter such attention as the gravity of
the situation demanded, and therefore
asked that Messrs. McIntire and Maclay
be appointed to make the examination.
and present their report to the next
grand Jury. The court acting upon this
suggestion made the appointment, and
am now about to present their report
to YOU for your examination and action.
The reason why the court at the last
term, and why at this term [ insist
upon thorough and searching examin-
alton into the administration Of the
public affairs Of this county, is that I
have been informed by some of the best
citizens of the county-and the matter
has been repeated over and over again
to me in different quarters and by indi-
viduals widely eparated-that corrupt
ring of officials at the county seat were
rObbng the county and the people of
their hard earned money paid as taxes
that large amount in fines had been
collected and not accounted for; that
large estates had passed into the hands
of the public administrator and probate
Judge, and that no amounts had been
rendered; that persons had been arrest
ed on trumped up charges, and held for
long periods in Jail merely to give the
sheriff the privilege of boarding them at
very high price; that mileage had
been charged and paid for by the county
in criminal cases that had not been
earned, besides divers other charges of
corrupt practices. Under these circum-
stances | nad but one duty to perform,
which was to require a careful and dis
passionate investigation. This was due
alike to the people and to the officers
question. Such an investigation has
taken place by two intelligent and sober
minded men, Their report shows an
immense amount of labor and pains
taking care, and [ cannot speak too
highly of their efforts to present the
affairs Of the county in an intelligent
manner, and of their success in bringing
order out of seeming chaos.
| was astonished to see by the report
that one of the officers refused to permit |
this committee to examine one Of his |
records. This was high-handed per-
formance, the effect of which was to
create suspicion that the record con-
tanned something that could not stand
the light of day. This was short
sighted ill-judged act, and very likely
creates a suspicion where none is justifi- |
ed, but you must know, gentlemen, that
there are no sacred records in this coun-
ty that cannot be examined by grand
jury. 1t is q part of your duty to exam |
inc all the records of the county, and SO
you will take possession of this one, and |
and of all others, by the aid of the re-
port, and all other information thatyou
can obtain, make your Investigations.
| do not say or intimate that the dis
closures contained in this report would |
require or justify an Indictment, but it
is due to the people that you make re-
port of your findings in the matter, and
that you inform them how their money |
is being spent by their servants.
Now one word as to the general duties
of officers. In government like ours
a government by the people and for the
people, the officers are mere servants |
and agents to do and perform such acts,
and only such acts, as the law specific
ally authorizes and requires. 1t an
officer by hairs breadth oversteps or
departs from the pathway the law has
marked out and defined, his acts are
void and of no effect. Sometimes offl- |
GERS think after they have been in office |
thof nffiap
and that it was created for their special |
benefit, and that they have arbitrary |
power. Such feeling and such acts |
always betray narrow small mind, |
and will never be tamely submitted to
by the free people of this country, and
especially do the people of this great |
free west despise the man who is so |
small in intellect as to be puffed up with |
importance because he happens for a
brief period to occupy the position of a |
public servant. 1T is no more honorable |
10 be an officer than to engage in any |
other honorable occupation. The man |
is the Jewel if he is honest, whether
he works in some public office or OH
his farm.
One other word as to the matter of
allowing claims against the county.
This is where the great leakage occurs,
and this is the channel through which
the peoples money is squandered. Bel
fore claim can be allowed against the
county it must be such claim as is
authorized by the law, and it must |
be presents in the manner required
by law. IN |
The commissioners haye no authority |
whatever to allow any claim against the |
county except it be especially authorizeN
by law. and presented and authenticated |
in the manner directed by the statuteA