The Helena independent., 1889-07-19

satisfactory, the Scientific answer may
NOT De satisfactory, but the most unsstis-
factory answer to the questions is the an
swer Of the man who says there is no cause
and there is no God-the most unsatisiec-
tory a. the most frivolous-now as in the
days sswhen the fool said IN his heart there
Is no God :"
/ do not desire, indeed l am most ayerse
10 the proposition, that any form of faith or
creed shall 5e cIystAliiZed in this constitu-
ton, but find that as the preamble now
reads il is in conformity with nearly all the
constitutions OF all the states OF the union.
and while this reference may not be con-
tanned in the letter of the constitution Of
the United States, IL Is repeated in that
grand instrument the real preamble of the
constitution of the United states, the Dec
IATatiOn of Independence.
The reference 20 a supreme power is
broad enough and wide enough TO embrace
all sects and creeds and those who are out
side Of any sect OF creed, even the most ad-
vanced advocates of the new scientific
thought may be content with il as the for
mutation of name for the formal ener-
gies of the universe which in their minds
IS the FIRST grand cause OF all. | can not
understand how any man can ind his con-
science OF belief hurt by this reference of
gratitude 70 the great part and governing
cause. There can be no objection TO this
as il stands and 1 am willing that IL shall
| stand. IL is In most of the state constitu-
| tions, as it has never done any harm in
do object, however, to that clause Cf
the preamble which says that we ordafn or
make this constitution by virtue of an act
/ Of congress. i hold that il Is framed by
/ virtue of the inherent right of the people Of
i Montana l have always held thar this
Il was the right of all the people of all the
i IerritOTies to form their constitutions
and apply for admission IN the union with.
out the Intervention Of any act of congress.
Il Nearly half of the territories that have
i gone into the union have done so without
| any enabling acts of congress. Now, my
friend from Deer Lodge county says that
/ we in 1874 framed q constitution which was
rejected because it was not authorized BY
congress. IL was not accepted, | admit,
but II was not on that ground. The con-
| gress that considered it knew that many
| previous congresses had admitted many
territories into the union which had framed
their constitutions, without enabling acts,
by virtue Of the inherent right and sover-
| eighty as American citizens. Therefore 1
| object 10 the statement in this preamble
| that the people OF Montana form their con
| stitution by virtue of this act of congress.
| 1t is inconsistent with the declaration i'm
mediately following. that AL power is de
rived from the people and that government
of right originates with the people. l call
for the reading of my amendment.
| EX Gov. Carpenter wanted the words
territory of Montana" inserted as this
constitution was 20 be adopted by the 'ter-
| ritOry'' and not state OF Montana
j. X. TOOle said be thought the wording
of the preamble was altogether q matter of
taste, and advised and moved the adoption
| of the preamble OF the committee as
amended by the chairman OF that COM
| mittee.
| Luce read a section Of the enabling act
and favored the adoption of the work OF
| the committee
The motion by Maginnis was lost.
Amendments by Carpenter, Eaton and
| Dixon were put 10 vote and lost.
BuTleigh then moved the adoption of the
Il preamble as amended by the chairman OF
/ the committee Carried.
The preamble as amended reads:
We, the people of Montana, grateful "a
| Almighty God for the blessings Of liberty,
in order to secure the advantages of q state
| government, do, in accordance with the
provisions of the enabling act of congress
approved the 22d day of February, 4. ID.
/ 1850, Ordaiu and establish this constitution.
Burleigh moved TO strike out the word
from" in line ., article one, and insert in
lieu therefor the word with"
ChessmAn moved the adoption as amend
| ed. Carried
Maginnis moved that when any section
was not amended II should stand as report
| ed by the committee. Carried.
Marshall, of Missoula, moved that the
words land open in line l, section >, be
stricken out Section reads: THAT all
elections shall be free and open, and nc
power, civil or military, shall at any time
interfere To prevent the free exercise of the
right of suffrage"
Middleton opposed the motion. He said
the words land OPEN had a meaning.
] The polls were open 10 every body.
| Robinson supported BickfOrd, and War
ren spoke IN favor of MarShalfs motion
prevailing. The motion was put anu lost
and the section as printed was adopted
Section was amended by Warren by
| substituting shall for should.
| Robinson offered an amendment for sec
ton which WAS lost, and the section was
adopted with slight verbal alteration
Section reads as follows: That, until
otherwise provided by law; no person shall
for felony be proceeded against cTimiIally,
otherwise than by Indictment or informa-
tIOn, and by information in cases where the
accused has been held By q committing
| mE gistrzte, except in cases arising in the
| land or naval forces. or In the militia when
! IN actual service IN the times of war OF
pubic danger. In all other cases oIfenses
shall be prosecuted criminally by Indict-
/ ment or information. A grand jury may
| Dr. drawn and summoned at any time when
| IN the discretion OF the district Judge II
may be necessary.
| Clark moved that all that part of section
be stricken out with the exception of mo
/ gerSOn shall for felony be proceeded against
/ cTminally otherwise than IS information,
except in cases arising in Tue land or naval
forces, or in the militia " hen in active ser
vice IN the times OF war OF public danger"
Burleigh asked IL il was the intention of
the gentleman from Silver Bow 10 abolish
the grand jury system.
Clark SAID that il was. He had expert
ence on grand juries, having served on
them for twenty years in Montana. and
had found that at least 90 per cent. Of the
indictments found were either quRshed or
nOled. He considered the grand Jury an
inquisitiOn founded on exparte evidence,
and unfit for an enlightened people. Ii was
a relic of the dark ages and should be rele-
gated TO the oblivion whence il sprsng.
Dixon offered as substitute for section
s the following
Strike out section S and insert instead the
following;
Section g. Criminal offenses of which
Justices courts and municipal and other
courts inferior to the district courts have
Jurisdiction shall be prosecuted by com
plant.
Criminal offenses of which the district
courts have jurisdiction shall be prosecuted
by Information after examination and com
mltment by magistrate, OF by leave of the
court, or by Indictment without such ex-
animation or commitment, or without such
Lave of eouft.
A grand jury shall consist of seven per-
persons, of weom i've must concur TO ind
40 indictment
A grand jury shall only be drawn and
summoned when the district Judge shall in
his discretion consider il necessary and
shall so order.
Burleigh spoke in favor of CIark's mo-
ton. he wanted to see the grand jury
abolished IL il ever had any uses, which
he doubted, IL had none now. Ii should be
cut up root and branch.
Robinson believed in dispensing with the
grand jury as far as possible, but did not
think IL wise to abolish altogether. Judge
Dixon's substitute was acceptable TO him
snd he should vote for IL.
Clark spoke again in favor of his motion.
He did not agree with Robinson that grand
1lries were necessary to examine into the
official acts or officers. That was all nom
sense. Grand Juries were costly and cum
bersOme and should be dispensed with
Bickford moved 10 refer the matter with
the amendment 10 the judiciary committee.
Clark arose 20 point of order. claiming
that such a motion was out of order in COM
mittee of the whole.
The chair decided the point of order well
taken, and Bickford offered as an amend
ment that when they rise Il refer his mo-
ton 20 the judiciary committee
Middleton spoke against Bickford's mo-
tlon- he said the system contemplated by
Judge DExOn's substitute was the same
that had been in use for twenty years.