The semi-weekly miner., 1884-02-09

ing justice to all classes alike, and
these are opposed by the learned gen.
tleman from Choteau; he was at a
loss to determine on which side the
weight Of authority inclined; how
does he know that q man charged
with offense is a sealawag? The pre-
sumption Of the law is that he is
innocent until proved otherwise. He
was willing to try the reform where
money issues are on trial: if 1t
worked well in those cases, it would
then be time to extend its appli-
cation to small things.
Mr.. Stephens said he was radical
when no one was to be harmed, but
conservative wnen mischief was
likely to bs done. He was not averse
to trying experiments, but he exer-
cised due consideration in indulging
his dispoaitl0n.. Our present jury
system was shown to be defective,
and he wanted to see some kind Of
improvement introduced. The Grand
Jury he had no use tor. It was sort
of Star Chamber, and was left to the
Legislature to do away with. Mr..
Collins amendment would take in
cases of misdemeanor, but he did not
desire it should extend to trials
where life is invllved. But even in
police cases a mans character may
be blasted, and the strictest justice
was due to man however low his
station. IT. you allow two thirds of
a apanel to pass upon mans guilt.
he feared it would open the way to
indirect influences. He preferred
broad gusge system, but this savored
in some degree of autocracy. He
had seen more than one case where
one juror stood out against eleven
obstinate ones, and In new trial the
jury had confirmed the correctness
of this one mans Judgment.
Mr.. Collins amendment was re-
iected, and that of Mr.. Dixon adopted.
Mr.. Bnrleigh's proposal to limit
the exemption Of mines from taxa
ton to period of ten years. has
already been mentioned in your dis
patches. 1t is a, little singular that
the two gentlemen who represent
Lewis and Clarke in this body
(Messrs. Hedges and Toole) should
fall in with that notion. In the dis
cussion yesterday upon this subject:
Mr.. Toole was chairman of the conl-.
mite of,the whole, and was thus
prevented taking part. To-day he
made an effective speech Of which
the following is the substance.
He said he Was opposed to such
restrictions going into the. Constitu.
t;-;--s.. TX ~.s,--~-.o .1Ato ."u'0n.i"n
for the purpose Of inserting such fun
damental principles as should gov
ern and control for all time, if you 90
beyond that You launch upon tack
less sea without chart or COM
pass. No better principle Of tax
alton was ever devised than that of
equal taxation, and he could not
approve any form Of exemption.
Places of worship, scholastic estab-
lishments, public in their character,
and cemeteries, were relieved from
fiscal burden by common consent.
and with this he would not cavil.
But beyond that he v0uld not 60.
He was willing to trust to
the wiodom of the Legislative
Assembly. The members come fresh
from the people AMI are best abl, to
provide for their wants.
What was the use of loading down
the Constitution with such pro-
visions? We are told If this ex-
empticn n is removed, 1t will array
large element of the population
against the instrument we are pre-
pairing. And we are also assured 10y
other gentlemen that opposition
will be aroused In other quarters if
we retain it. It was unwise to intro
duce matter that arrayed one class
of the community against the other.
His plan was to leave it to the Legis-
I,k. no
ing interest will not suffer. Strike
out the whole exemption clause,
with the exceptions he had before
enumerated 1t was argued that the
committee who framed it agreed
upon compromise. The live stock
and farming interests were pro-
tected as an Offset to the mining
interest. But there was no wisdom
in tinkering with compromise.
The standing crops have value, and
they should be taxed. Calves six
months old are prol erty, and they
should yield revenue. and mines
are no exception. 1t was idiotic to
urge that their value was merely
speculative. Business men do not
invest their capital on mere con-
lecture. Before a capitalist pays
500, 900, we will say, for a mining
property, he has it examined by the
most competent experts, who are
guided by scientific rules, if the eye
does not serve them, and when he
buys the property it is as clear that