The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-02-01
rrLE NO. ts-rHE sUDrcrAnY.

The committee 10 wh,m this division OF
The work was referred have Submitted TO the
convention for It's consideration = majority
aud minority report, both of which we will
briefly notice. 1t Is question of difference
of honest opinion among experienced lawyers
as TO which of the two should be adopted.
There are few subjects for the consideration
OF q constitutional convention Of more vital
Importance TO State, In q financial or other
view, than this, and It deserves careful con-
sideration. The theory Of the Judicial sys-
tenn as embodied In the majority report Is .
weli.tried one, and common to many Of the
States, and Its practical workings are well
known ana lawyers may feel aVerse to sup
planting II with system they know not Of.
The system reported by the minority Is, 10
substance at least, that Incorporated into the
new constitution Of California, and which
has been tried but few years, but, as Is
claimed, II has been satisfactory TO the bar
and people. We must look for solution TO
the probable effect Of either In IT, practical
workings and to such things as one can un.
d'Istand; that is, we can by n calculation
sum up salaries: 1t will be seen that under
the California system the inferior judiciary
would cost, at $4,000 each, for ten superior
judges but $1,000 more than four district
judges at $1,000 each and ten county judges
a. 81 200 each. The S., 500 per year would
secure competent lawyers for superior judges
one in each county. An objection may be
urged to this sum as being too small, but ask
sjme Of the legal talent of the convention to
answer In truth aud show their cash account
for an average Of a number Of years-mcn,
too, who are capable of holding these Offices
and see If they have, exclusive of Office
rent, fuel, lights, ETC., done any better than
$500 year, and they have worked harder,
too, than the judges have.
IL is we'll known, too, that one great item
Of cost TO every county is its boarding and
keeping of prisoners In Jail, awaiting trial.
A large portion Of this would be saved by
frequent terms Of court; and the advantage
Of speedy trials, both in civil and criminal
causes, can scarcely be estimated in dollars
and cents. We suggest that il might be
well for the convention TO hesitate before
adopting the views of the majority of the
committee.
We suggest, too, that in our opinion the
salary for superior judges is beyond what
Is sufficient for the small labor of perhaps
two or three months In the year, to obtain
suitable men. We know very well the
present judgeships of the Territory are
sought after by very respectable lawyers.
We can see no good reason for paying a
judge more than he can make out of his
practice; especially when the work is much
less. We would not object to higher salaries
all around If we had Vanderbilt to foot
the bills; but when we ask to become
State, with limited wealth and population,
and when extravaganza will probably de-
feat us in our wish, let us economic all we
can, or get nothing.
Another suggestion as TO the jurisdiction |
Of the supreme court in granting njuuc-
tons: Would not the constitution confer
original jurisdiction to try title to real prop
ery?