The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1884-12-03

federal government will find II neces.
sary to take into its own hands all
civil power in this Territory. For
the present, however, we advise
only: First, than the Off ces of Terri
torial auditor and treasurer should
be definitely defined by Congress rs
offices to be filled by appointment,
and We NAV remark In this connec-
ton that although the organic act
would seem to leave no doubt rs to
the appointment and the double
character of these Offices, and the
commission has persistently refused
to recognize the right of election
under the law aud local
cour.s have sustained this view.
still the iucumbents of these ottic.s
at the present time are holding over
from previous elections. We would
recommend In addition to the above
commissioners to locate university
lands, probate judge. county cierk-,
county solectnlen, county assessors
and c. Electors aud county sup-rln-
tendents Of district schools te made
by congress appnintabie, aud all
these afr nominations by the gov
-rnor shall be required to be con-
firmed by q majutlty vote of the
commission. The reason for this is
obvious. The organic act now re-
quires that all nominations by the
governor shall be confirmed ~ the
legislative council. The courc Gil is
always a creature of Mormon power.
Hence no suitable appointments can
be secured. The governor and c ID
mission, acting respectively as nOnli-
mating and continuing powers, would
insure such appointments rs would
To effective IA the effort of the federal
government 70 overthrow polygamy
To .t,Ourts, after conferrlng with
the Judges and district attorney OF
this district, we recommend.
First, That the provisions of the
laws relative to juries and mode OF
selection be revised, either by FRO
viding for y greater number of Jurors
or by authorizing an open venire
when the anne in the box have
been exhau- ted. A better provision.
perhaps, would be one authorizing
open venire in all cases prosecuted
ny tAO O4AltCN AJNOvC0s -
Second-The jurisdiction of thu
several district courts ought to be ex'
tended 50 as to give each jurisdiction
all cases Of polygamv, wherever In
tue Territory crime may have beer
committed.
Third-In United States cases Ter
ritOrial courts should be invested
with power co-extensive with tina
possessed by the United STATES cir
cult and district courts In the sevora
States in the matter Of contempt and
punishment thereof.
Fourth-Prosecutions for polyg
amy should be exempted from thu
operation of the general Limitation
laws. Certainly while parties con
tinue to live in pOlygamy the statute
should not run against the pllncipa
crime of lOlygamy.:
Fifth-The process of %subpOenas 1r
all cases prosecuted by the Unitet
States should run from Territorial
courts into any other district Of tn
United States.
Sixth-Provisiors should be mad
for binding over witnesses on The par
Of the government in all United
States cases to appear and testify a
trial.
Seventh-When continuance j
granted upon motion of defendant
provision should be made for taking
the dispositions of witnesses on tn
part of the government with oppor
unity given defendant to be CON
fronted with witness or witnesses
making such depositions, and t.
cross examine such deposition to b'
u>ed ut trial in the event of the deatl
| OF witness or in case his or her al
sence from the Territory at the tria
or in the event of such witness con
cea1lng himself or herself so as t.
| elude the process of a subpoena.
Eignth-It should be- made q peBa
| offence for any woman to enter int
marriage relations with q man
knowing him to have a wife livin.
and undivorced. This should b.
coupled with provision that IL case
where a poiygamous wife was calie'
as witness III any prosecution to
polvgamy against her husband he
testimony given in such case couI'
not be used against her in an,
future prosecution against herself
with a like provision as to the testi
mony of a husband called as q wit
ness in q prosecution against hi
polygamous wife.