The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1884-04-19
TERRITORIAL JUDICIARY.

a DSA~SNSS ~AAAeA0 VOO0 ou
!, part in the passage of the bill IL th
House. providing for the appoint
ment of the fourth Judge in Terrific
ries. The dill will probably becom
a law, and as 1T has not been put
lished by any of the Territorial ps
, pers we make roc for it. The fol
lowing is the full text of the bill:
Belt enacted, etc.. That the Su
preme Court of every Territory shal
consist Of Il chief justice aud three As
s~cciate justices. any three of whom
shall constitute u quorum; and the,
shall hold their offices for four years
and I'm il their success orr are ap
pointed and qualified. They shall
hold q t. rm annually at the sea o
government of the Territory fOl
which they are respectively appoint.
ed: Provided, however, That no JUS
tice shall act as a memuer of The Su
preme Court in any action or proceed
lug brought to such court by writ o1
error, bill of ex ceptions, or appea
from a decision, judgment, or decree
rendered by him as judge of dis
trict court.
Sec. 2. That every Territory shall
be divided into four judicial districts,
and y district court shall tie held in
each district of the Territory by one
of the justices of the supreme court,
at such time and place as may te
prescribed by law; and each judge,
aftrr assignment. shall reside in the
district to which he is assigned.
SEC. 3. That temporarily, and I'M
til otherwise provided by law, the
govelno of each Territory not now
divided into four judicial districts
shall, by proclamation, define the ju.
! dicial districts of such Territory, rs
sign the Judges thereto, and tx times
and places for holding court therein :
Provided, That no process, proceed
| ing. order, judgment or decree OF any
court of any Territory issued, bad,
made, or rendered prior to the taking
| effect of such executive order shall
be iDvalidated or affected by tie pro-
visions hereof.
In the course of the discussion up
on the bill MI. Maginn. 8 spoke as fol-
lows: MI. Chairman, in earlier days
of the Republic when the Territorial
system was first organized, and the
new territories consisted mainly of
hunters, trappers and pioneers, the
present system of Territorial go <ern-
ments was organized. It did we'll
enough perhaps in those days. The
quota required for a member Of Con-
gress was only s0,OC0,. and that re-
quirement advanced compare
lively slowly for years. Now,
there is a growing dis
position against tho admission of
new States. The Territories are large
and pOpulous and contain great
property interests. Some of them
have more people and several Of them
have more taxable property than the
greatest of the colonies ut the time "l !
the Revolution. There are TER =
TOTES to-day the value of whose pre-
ductions and commerce is quite as
great as that.of the whole thirteen
colonies when they threw off the
british yoke. And yet under the
jealousy of the great States, who are
to let two Senators from
one of these new States come IN to
equal their own representation in the
other body Of this Congress, it IS quite
evident that no new State will be ad-
by this Congress; and unless
the rules of this house are 80 changed
that a majority can override a minor
on these questions it is not likely
that any new State will be ADMITTED
for many years. 1t is not likely that
the rules of the House will be
changed, and until some party gets a
two-thirds majority in the House,
is not now probable, no bill
a State can be passed by
party except by compromise.
These considerations make the
luty of the House all the more oblig-
atory to remedy any defects in the
present Territorial system, and to 80
that system as to relieve as
much as possible the grievances of
he orderly, industrious and enter
people of these younger sis
ers of the great Union of States.
The system is q bad one in many
aspects. The people are subjected
o the government of strangers APP
by the Federal Government
without their consent or concurrence,
nd very often in the face of the
lirect protest Of the people of these
territories Already this House has
AIKEN such notice Of this abuse that {
Committee on Territories has re- {
orted a bill providing that no one I
hall be appointed governor of one l
these Territories who has not been
resident thereof for at least two =
ears. My only objection to that bill :
that it does not apply the same +
rinciple to all ofic. s and all APP y
Indeed, I favor a bill :,
will permit all officers to be ,
:,
While all parts of the Territorial t,
7stem are objectionable. there is 10 .
art of it that has been so hateful as G.
'e judicial part of it. 1t seems to be Y
prevalent opinion even among in o
lllgent members of this House that i,
Re aus to be tried before Terrific +:
al courts are unimportant, and that
~ one who has the name of lawyer
quite competent to try them. The a
pointing power bias generally acted 2,
the same theory; and the men S
no have been appointed as our p
dyes have only too often either OIL
en broken down politicians or men y
lthout capacity or integrity. There Ia