The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-01-02
COUNTY VS.. DISTRICT ATTORNEYS.

Would Il not be we'll for members Of the
Legislature to consider the question of abol-
ishipg the Office Of "District Attorney" and
substituting instead the Office Of "County
Attorney" There are now three Judicia,
Districts, and hence three District Attorneys
for thirteen counties. Each receives .
salary Of $500, and 20 cents per mile for
each mile necessarily and actually travelled
in attending court In each county In which
he does not reside. Capable, efficient attor-
neys would doubtless aspire to the position
In every county In the Territory At salary
Of 81 200 each, the status the position gives
and that amount fully compromising for the
business 10 be done for the county. In Dis
tricts OF three counties this weuld be oaly
1857 per annum TO each county more than
now paid outright for salary, and In Districts
Of four counties only $575 each per snnum
more than now paid outright for salary, to
say nothing Of the mileage expenses of Dis
trict Attorneys, which are still to be deduc-
ted from the above estimated increased cost.
There are important reasons why this
business comes before the Boards of County
Commissioners in which the presence and
counsel OF an attorney Is necessary to the
Board and to the people generally. As 1t is
now, only the Board In the county of which
the District Attorney is resident can, as a
rule, avail itself of bis services, and then
only when he happens to be present during
the session of the Board. In the event of
his absence the Board, not usually composed
of or containing persons "learned in the
law" has 10 plod along without legal advice
or employ an attorney for fees that soon
amount TO more than the difference between
q District and County Attorneys salary.
There are also frequent occasions when
county officers require the prompt advice of
an attorney, who should be sworn officer,
responsible 10 the people.
Again, In the frequent cases of the people |
against person or persons, Of whom COM
plant has been made, coming before the |
Probate Judge or Justice, there is now no
Attorney to appear for the people, unless the
Attorney happens to be present and
iisengaged, or can be sent for and obtained
1t expense of bis mileage, or special attor-
ney is employed for the case. In event there
IS no attorney for the people-whch Is gen.
,rally the case, while the defendant almost
Is universally has an attorney employed-it
places the committing Magistrate In the dual
'osition Of Judge and Prosecuting Attorney,
IS, unless he conducts the examination for
he people, their case Is not presented. The
lutles of committing Magistrate In case
II this kind are irreconcilable with sense
Il strict justice.
These are only few Of the dement's of
he present method--one that In all its
'hases we consider Objectionable. When
ounties were sparsely populated and COM
'etent attorneys not resident in every county
eat, the present method might be accepted
S an unavoidable evil. But now We do not
elieve there Is . county seat In the Terri
DRY that does not possess . competent and
equitable Attorney whs would accept the
osition, and the ends of justice Is we'll rs
I correct government would be obtained BY
aving County Attorneys and requiring their
srvices In all business for the people or Off
ers Of the people 1t the county seats, with
Ut other compensation than their salaries,
ne-half of which should be paid by the
erritory aud one-half by the county. This {
as the conclusion arrived at by the Consti-
ltional Convention after the most careful
Of the judiciary committee I
I'D exhaustive debate of the question, and J
seems to US . self-evideut duty that the 4
legislature should anticipate the perhaps re-
ote day Of statehood and set this better q
elhod upon the Territorial Statute books. I