The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1884-02-06

1
an institutions or associations.
Sections 80 to IS (the LAST were all
passed without amendment. They pro.
vide among other things that the State
shall not assist in building railroads; that
no obligation to the State can be dimin.
ished or extinguished except by pay
ment; that members of the Legislature
will not be permitted to trade votes, an
offer to do SO being regarded as bribery
Bribery Of judicial or legislative officer
is also defined and penalty provided.
The Convention went into Committee
of the Whole for consideration of Gen.
eral File No. II, on industrial resources
and commerce, with Smith in the chair
Section !, which provides for bureau
of industrial resources, under the man
agement of commissioner, and provides
for the election of the commissioner and
makes his term four years in length, ex.
cept as otherwise provided by the con.
stitution, was adopted.
Section 2 as adopted makes the duties
of the commissioner such as may be pro.
vided by law.
Section as adopted reads as follows
It shall be the duty of the General As.
sembly, at its first session after the ad.
mission of the State of Montana into the
Union, to pass such laws and regulations
as may be necessary for the government
support and protection Of the bureau, and
also to fix and provide for the compensa-
ton of the commissioner, and prescribe
his duties.
! Section was adopted as follows: This
bureau shall Is. located at the capital Of
the State.
Section 5, providing for the filling of q
vacancy in the Office of commissioner,
was stricken out.
! Smith reported back to the Conven-
ton that the Committee of the Whole
had considered General File No. II, and
asked further time to report. Granted.
The convention then went into Com
! mittee of the Whole for the considera-
ton of General File No. IS, Judicial De-
rartment, Langhorne in the chair.
Burleigh moved that the report of the
committee on General File No. IS be
| read, az there was both majority and .
minority report. Adopted.
Section as submitted by the majority
reads as follows: The judicial powers of
the State as to matters of law and equity,
except az in this constitution otherwise
provided, shall be vested in a Supreme
Court, district, circuit, county courts JUS
tees (of the peace) courts, and such
other courts as may by law be created
for tities and incorporated towns. But
the legislature may provide for abolition
Of county courts and the transfer of their
probate and other jurisdiction to district
courts, and IN such case may provide that
such district courts shall be always open
for the transaction of business, except
on legal holidays and non-judicial days.
The same section, in the minority re-
port. provides that "The judicial power
ofthe State shall be vested in the Senate,
sitting as a Court of Impeachment; in
the Supreme Court, superior Courts, JUS
tees (of the peace) Courts. and such
inferior courts as the Legislature may
establish in any incorporated city or
town."
Burleigh supported his amendment in
q vigorous speech Dixon opposed it.
A vote was then taken on Burleigh's
amendment, which resulted in the de-
feat Of the same.
Sections from to were adopted with
out debate.
Section provides that the supreme
court shall have appellate Jurisdiction
only, and shall have a experimenting
control over all inferior courts
Section 3 gives said court or any judge
thereof power to issue certain writs, with
authority to hear and determine the
same.
Section 4. The SUI rene court shall
consist of three judges, a majority of
whom shall be necessary to form quo
rum or pronounce decision; but one or
more of said judges may adjourn the
court from day to day, and the legisla-
ture shall have the power to increase the
number of such judges to not less nor
more than five.
Section 6. The judges of the supreme
court shall be elected by the electors of
the state at large, as hereinafter provided.
Section Z. The term of office of the |
judges of the supreme court, except as in |
this constitution otherwise provided, !
shall be six years.
Section provides for the election of
three judges, at the first election under
the constitution, the manner of classify
ing the judges after the second election,
and the manner in which the judges
shall choose theis chief justice
Section was adopted as read, and pro-
vides that there shall be clerk of the
supreme court, who shall be elected by
he people, whose compensation and
duties shall be prescribed by law
Section 10 provides that to be eligible
% the office Of the supreme court, per-
'on must have been admitted to the prac-
ice Of law in the supreme court Of the
tate Of Montana He must be at least
hirty years Of age and citizen of the
United States, and must haye resided in
he state at least two years next preced-
ng his election
Sections from IL to II inclusive, refer
0 district courts, and we're adopted as
cad.
Section II defines the jurisdiction of
he district courts.
Section - provides that the state shall
e divided into judicial districts, in each
(which judge shall be elected to pre-
ide over the same, and whose term of
flee shall be four years, except as other
rise provided in the constitution.
Section IL is as follows:
Until otherwise provided by law, said
istricts shall be four in number, and