The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-11-21
THE CITY

special session OF Cne Legislature being con-
vened, all.hopes for having the city charter
amended must be deferred until the next
regular session, which will % be held un-
til January, 1887. The Governor
doubtless has good r~easonsfor disregarding
the wishes of the citizens OF our m%etropoli-
tan city in this particular. Knowing as he
does the material that the majority of the
present Legislature is composed OF, his
views doubtless correspond with those OF
one OF the most intelligent and popular
officers this side OF the range, who is one OF
the greatest sufferers by the stupid enact
ments of the unlettered cowboys and arro-
CANT cattle kings controlling that body.
That gentleman says no greater calamity
could befall this Territory than that which
would certainly follow q re-convening OF the
present Legislature. A calm, deliberate
| and unprejudiccd review of the proceedings
OF the last session of the General Assembly
OF this Territory fully sustains the opinion
expressed by that gentleman. We have
persistently advocated a special session be-
cause OF the growing wants and pressing de-
mands of our city for more extensive pow
ers than those contained in the present
charter, and as a new apportionment is
absolutely necessary if there shall be a
just and equitable representation in the
Legislature of 1887.
There being no expectation OF obtaining
the relief demanded from the Legislature,
why cannot the defective city ordinances
be revised and amended so as to remove
such Objectionable features as they may
contain, and others prepared and approved
as will afford greater protection to the
community. Such ordinances as relate
strictly to matters within the powers con-
ferred by the charter Upon the city to regu-
late, have not yet been questioned in the
courts, hence they do not require immedl-
ate attention, but they should be carefully
examined by some competent legal author
ity, and if found defective, such defects
ought to be remedied by amendment, or
the substitution of others more perfect in
their hhftBeU1er. The ordinances relatingto
misdened40fs and %nuisances enacted by
councils have not only caused a great deal
OF we'll deserved ridicule among the lawyers,
but they have been frequently adiudged il
legal by the District Court. In fact all the
appeals taken to that tribunal from the
police justice, arising out Of alleged VIOLA
lions of those ordinances, have been sus-
tanned, and yet, singular to remark. trials
under them are held every day and fines
and Imprisonment imposed for their viola
ton by the city authorities. This is assam
ing a great deal more responsibility than
the District Court was ever known to in
cases where the judgments have been re-
versed by the Supreme Court. At the last
term Of court a large batch OF these judg-
ments were reversed. For some reason, it
is believed other than that of preserving
the peace, Immediately upon the adjourn
ment of court ordinance No. 81 was sub
mitted and passed, containing almost the
same Objectionable features included in
those that Judge Galbraith's rulings virtu-
ally decided illegal. This not only seems to
be child's play, but it places the city au-
IN a very unenviable position.
1t is commended that if these ordinances
cannot be enforced that bloodshed and riot
will run lose; that there will be no security
for life and property, and that the police
force will be rendered useless. There would
be some force in this argument If the Terri
torial criminal code had not already pre-
penalties Of Imprisonment and fine
for all the ~offenses embraced in the objec-
tionable legislation OF council. Take up
those ordinances and compare them with
the criminal laws, and it will be found that
the offenses enumerated are Identical, al
though the penalties vary. The infection
of d penalty by the Police Judge for such
%offenses no more relieves a defendant from
the punishment prescribed by the Terri
torial laws than a conviction under those
statutes or those OF a State shield a GRIM
inal from prosecution by the Federal Gov
for the same offense if cognizable
under it's laws.
Council is not altogether to blame for
these difficulties, because under the law it
is the duty of the City Attorney to draft
all ordinances; but it is censurable
for not having made provision for compen-
sating such legal services as should be en-
gagged to perform duties OF SO much i'm
portance as those which devolve upon the
law officer OF the city. That officer re-
ceives no salary for his legal services what
ever, and as he must also act as City
Clerk, the salary paid for clerical duties is
lower than that paid by banks, merchants
The older cities learned years ago hat
their affairs could only be properly admin
istered by officers who were paid fair COM
pensations for their services. The laborer
is worthy ofhis hire. The mistaken economy
OF compelling city officers to live off
of fees extorted from criminals, or
paid by Others t%ransacting public business
with them, has long since exploded. The
Police Judge ought to be paid a salary for
his services, such al one as would, with the
emoluments from his office as a Justice Of
the Peace, render the position one worthy
the aspirations of gentlemen OF judicial
minds and ability. The City Attorney
ought to be selected from the Oldest and
most experienced members OF the bar, those
who are known to be familiar with
municipal law. The position is too great a
responsibility to entrust to lawyers OF linn
tied experience, such as are selected in most
of the cities in the new Territories. If the
for such services was made to CORE
spond with the responsibilities to be as
and the learning and ability re-
the right man could be secured in
the right place. Then council would find
that ordinances would be preparedfo for them,
from Objectionable features, that the
city laws would be enforced, and that corpo-
ration legal business would be faithfully at
to.
The Irish World has an opinion on silver
and expresses it in the following terse
manner: "The banking fraternity are OPP !
posed to silver because it's circulation ef- |
fects the purchasing power Of gold, ofwhich
have a virtual monopoly. Anyone at
all acquainted with the money question
knows that the price oflabor and property
Of all kinds is regulated by the volume OF
If that volume is limited, the
dollar, whether it be made OF gold, silver
,,r ~ nor will purcha 40 mnch moro than it |