The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-05-16
THE JUDICIARY MEASURE.

| We confess IL Is with some regret we see
1t stated that Senators Edmunds and Gar
land, Of the Senate Judiciary Committee TO
which was referred the House bill allowing
four Judges instead Of three to each of the
Territories, are opposed to the measure on
the grounds that II will entail additional e.
penss In Territorial governments where the
business Is not so great but that three efii-
cient judges can transact 1t. II 10 said in
connection with this the Delegates feel that
Senator Edmunds Is illiberal toward the
Territories. We trust his disposition has
teen misinterPreted and that the facts are
not - stated. We do not presume for an
instant that the Senator IL moved In this
matter by any other considerations than his
duty Is he sees 1t As Chairman of the Senate
Judiciary Committee. We would not ask
that be should 20 beyond the cold facts and
deliberate justice in this case for to his
we'll earned character in this respect as well
Is to bis commanding legal ability 10 due
much Of the esteem In which he Is held by
the people Of the frontier. That he would
do nothing merely for popular effect Is we'll
understood and the integrity that reslsts such
temptations Is respected. But the reasons
assigned for the conclusion attributed to him
ignore an important element Of the PROPOSE
tion for increasing the number ofjudges and
are therefore not credible IS coming from one
of bis breadth Of view. That element Is the
judicial justice Of constituting . reviewing
court OF three members neither Of whom
shall hs' presided on the trial Of the case
under consideration. As the apportionment
OF Judges now Is, the absence Of one from
any cause, and the occasions are fequent and
sometimes beyond the control of the Justices
or Of the Territory, leaves but two members
and they necessarily have to review their
own cases or pass them, to the detriment Of
ltlgants, until the third Judge can be pres
snt. Such . condition nullifies the object In
having Supreme Court and can only be
remedied by increasing the membership and
prohibiting any Justice from sitting In review
Of his own cases. Senator Edmunds could
not certainly overlook 80 important matter
- this In considering the bill before the Ju-
dietary Committee.
Again, the expense 10 trivial-merely the
salary Of the additional Associate Justice
and II 10 not improbable this would be fully
compensated by tho lsssened expenses Of
moro speedy trials even in United States
cases. The assumption that three efficient
Judges can transact the business is perhaps
correct. But there are not always three to
transact II. We had an instance In this Ter
ritory but recently where there were only
two Judges for duty during . period Of
nearly or fully year. These two could not
transact Its business. The jsis lay full; the
adjudication Of business interests was de-
layed; Justice was not melted out, and snor-
nous expenses were emf allied upon the people. |
II was no fault Of Montana that during twelve
months there was no Judge In standing In |
the First Judicial District. A vacancy or
the absencs Of the Judge from the bench |
from any cause In any Of the districts, with |
the present number Of Justices, works 4 |
great evil, and the two remaining cannot hold |
the terms. Beside, the labor Of Judges Is |
greater In the Territories than In old settled
States. Our laws are moro variable, and
new issues involving original investigation
and determination are Of more frequent &C.
currencs than In the old States, whore the
ruts are worn dssp and there are few new
judicial roads into tall timber. We do not
assume 70 speak for oil Territories, but We
can say for Montana that with the work to
DO, and that should be promptly done, four
Justices would find ample opportunity for
The employment Of al their time, and II
seems TO us absolute justice requires the
number should b 30 increased. We hope
he position Of Senator Edmunds on this
lussilon haA been nis-statsd, or that IL was
but general expression, before the measure
bad been taken up for investIgstion.