The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-11-04
WHAT BUTTE NEEDo'

What the city OF Butte wants. moles
than anything else just now, Is osy
| charter conformable with it's metropon.a"
| character. The powers and autnor'.ieS :on
tanned in the present municipal act m'ens
| answer the purposes of q one-horse oown'
Z s;tuated on the crossroads in q caot'e
grazing country, but it is utterly lha'e'
| ouate for the principal city in Montana con-
| tanning a population of over 10000 Souls
| A close examination of the present. char1er
! discloses the fact that it is o lame lml'a-
ton OF the one enacted for the govern
ment of Helena, the second city OF I'M
| p~ortance in the Territory, when it was a
! small mining camp. It's provisions 1or
police regulations, and the suppression OF
n~uisances are very lame indeed, while IL
contsins no authority for providing a sys-
tenn OF sewerage, the collection OF garbage
preservation of the peace, control OF nre
department., preserving the health n
various other essential municipal matters
except such as are so restricted as 20
virtually render them useless. The ID
so hampered with restrictions as to pre-
vent it enacting such ordinances as, IN
it's judgment, the welfare and prosperity
Of the people and the rapidly increasing
wants OF the city imperatively demand.
The District Court has, upon more than
one occasion, decided that the ordinances
for the suppression OF ~nuisances, under
which all the city ~offenses have been errone-
ously classified, to be in direct violation OF
the present charter and the organic act OF
the Territory; and, Notwithstanding these
decisions, the Police Court and the City
Attorney still persist in their enforcement.
Since the last decision was rendered, estab-
fishing the illegality Of certain ordinances,
the City Attorney has exhausted his legal
learning in the preparation OF othels, passed
by council, which in the opinion OF many
of the best learned members ofthe legal pro-
fession in the city, are no less Objectionable
and void than those they were designed to
supplant. From this it would appear that
the City Attorney co~nscientiously labored
to prepare such municipal legislation as
would enable the authorities to continue in
enforcing penalties in conflict with the
charter, because the ~offenses enumerated
are c~ognizable under the Territorial laws.
The doctrine is SO well settled as to remove
any doubts OF the illegality OF municipal
legislation whenit conflicts with OR imposes
an additional penalty to that prescribed for
the violation OF a penal statute enacted by
a State. A State or Territory might, with
the same propriety, re-enact Federal GRIM
inal statutes, and prescribe a penalty for
their violation. as for a city or town to in
clude in it's ordinances the laws OF the SUI
preme power of which it is a creature.
The reason for this persistent violation
OF well settled law is patent to every intelli-
gent layman, as we'll as to those learned in
the law. It is to be ascribed to the fact that
through some mistaken or in-advised econ
omy, the city government pays the city at
torney a heggarly salary scarcely common
surate for inexperienced clerical services, in
keeping the journal OF the proceedings OF
councils and other duties as city clerk,
without any regard to the legal services
rendered by that officer as counsel for the
corporation. Besides this, no provision is
made for the payment OF that officer for
preparing, filing and prosecuting com
plants for violation Of city ordinances, nor
to the police judge for hearing and deciding
| the cases, except certain fees to be paid by
| the unfortunate culprits, il they have the
means, in case of a conviction. Is there
| any justice in requiring these officers to de.
| pend upon their fees, as compensation for
their services, upon the misfortunes oil
/ others? How would it look to a civilized
| and enlightened people, if the judges OF our
| Supreme and District courts and prosecut.
ing attorneys were compelled to rely upon
fees extorted from criminals fortheir living?
! The principle is the same, whether applied
to the supreme judicature of the land or to
a police court. The difficulty, SO far as the
| penal ordinances that conflict with Terri
torial laws orthe city charter are concerned,
could, and ought to be, remedied by coun.
ellis paying these Offices a salary commensu-
rate with the services rendered by them, fol
| these unfortunate creatures would not be
pulled in and be subjected to trivial fines
and tremendous costs for constructively
violating illegal ordinances. Upon the
other hand the city attorney, police judge
and policemen would only arrest and pun.
ish those who had openly violated the laws;
and as the police judge has jurisdiction co,
extensive with the justices of the peace, he
would naturally enforce the Territorial
laws, where those OF the city are defective,
in imposing penalties for minor ~offenses.
As there is no means by which the city
charter can be made more perfect until the
next session OF the Legislature, which does
not convene until the first of January,
1887, it would be wise for the council to rem
edy the existing evils as far as it has
the power to do so. This can be accom-
plished: first, by providing for the pay
ment OF reasonable salaries to the City At
torney and Police Judge; second, by repeal
ing all illegal, and consequently imperative,
ordinances, and, third, by authorizing the
Mayor to appoint a commission, of not
less than three reputable lawyers, to revise
and amend the present municipal statutes
and prepare and report such others as in
it's opinion and judgment are best calcu-
lated to define the city's powers, and to
enforce it's authority. If such a commits
sion should be appointed care must be
taken to provide for its compensation, be-
cause the skill, ability and learning OF law
yers renders them worthy of their hire.
OUR NEW YEAR NUMBER.