Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1889-01-17


est safeguard against the enemy to Tree
and fair elections. IL is said ''penal laws
are Intellectual t. prevent bribery, intiin-
ca'ion and fraud and that the primary
reA@dy H. the $ 'cret ballot l nave h*n
occasion IT, brstow some study upon tue So
called Australian system OF voting. when
has recently been adopted in the state or
Massachusetts,, ana went into effect N tiiat
state at the beginning of this year. III mas
has been tired. too. In shr govern.
nients OF England, Scotland. Ireland ana
Canada and n ~ the favor Of those coun-
tries There certainly are some wise fea-
taSes ana effrctual safeguards against 10.
nmidation and bribery In this system. AMI
some OF when. II not all. might be made
useful in thu territory.
.... ATTORNEY GENERAL. DO
Poo At the extra session Of the last lrei,la-
tive assembly, held In September, 1884,,
law was passed exemptiDg the county al
'torneys from appearing as counsei Iof the
territory in the supreme courts anu re.
pealins the law in that regard. The bill
10 pas I'd, created the Office Of attorney
general for the territory, and prescribed
the duties assigned him. II, also provided
tina the governor should nominate and ap.
point by and with the advice And consent
oftne conncil. The goyernor made nOini'
marion tor that Office in pursuance u thi'
provisions of the law, aud the same WAS
rejected By majority Of the ecu gu, ansi
that body adjourned leaving the office that
they had created vacant. The first term
of the supreme court after the adjourn
ment nj said extra session Of the lcRisla-
tire was Ia the early days Of January,
1883. The public Interest demanded ihat
there should be an attorney general since
the county attorneys were exsnptedl 70
look after and attend to the business Vi
the territory pending in that court.
terms tern N Of the tn occur court. " Because Of
such necessity, Hon. William 4. Cullen, Q
gentleman and lawyer Of distinguished and
known ability. residing in the city VI tel
ena was appointed on the 3lst day Of De
eember, 1857. and commissioned by the
governor 10 ill and discharge the duties 1T
that office for the time, and until the last
day Of this regular session Ut the legislA-
tive assembly, for the Tertiary Ut Montana
He accepted the appointment, and has
INST faithfully met and performed all the
duties Of the Office. There is statute IN
this territory enacted February, 1879,
which forbds the payment OF ANY
nor till his appointment is approved there
after by the legislative council, provided
the vacancy in ONCE, 10 ill which such ap-
pOintment IL made, existed at the ad-
jOnrnment of the legislative assent bly, pre-.
cetiing such appointment. Under the
frowns and demonstrating voice Of that
law the attorney general has been kept out
Of any pay for his valuable services to the
public. and has never received anything, |
recominend that You at once provide for
the payment 1T his salary. surely there IL
no man In Montana ready to refuse this
just and long delayed claim, The attor-
ney-cenerAi has made detailed report to
the governor, showing Ills services FEN
dered, and hts careful and labOrious exam
inatiOn Of the statutes OF this trritory, and
suetoiDing some wise suggestions, which
submit for your consideration.
HI,. cODIRIcATION or THE Law.
I ask your earliest atteht on to the IN
satisfactory condition OF the statute law; 10
the fact that IN many particulars it Is not
up tO the standard IT progress which char
acterizrs the policy and jurispr udence Of
the most advanced aid enlightened states;
and To IT'S manifold Inconsistencies anu IN
ceftsinties. The injunction to 'knOw the
law" should Succeed Intelligent enact
nn'rrs, and not he made before them: and
the time is come for you to adopt plan So
to'revise the Jaw ~ lis existing confusion.
and n nix It's rules. that the peopl. who
are expected to obey them may know them
Ii mas o+''n found Iossibie byexperience "a
cVdfy the rules OF ihe common law and to
reduce then to the torn of the statnte.
David Dudley Field, whose able and per-
sistsnt efforts were begun In 1899, Is on.
titled 10 the credit tor the first Of such pos
sibiiiiies, and the legislatures OF CaliforniS
aud Dakota ~ the other: whilr New York
has only oeen prevented from adop ing the
ful results of her several code commissions
because her legislature has bs<n too mucp
occupied with special legislation to give
the necessary time for their con.idera alton
-areason which Il ,es MT exist in Montana
and should not delay you. One
of - those rr.ulis--thp cnta of civil
pIOcedure-hss been adopted by New York
and py twenty-five other states and terri
tories, including Montana; and there Is
every =, ason for the opinion that the penal,
pOkucal aud civil codes belOUging to the
sysIem. OF which the eide Of civil proce.
dure Is part, will. If adopted mo law
here, prove equsiiy sanitary and beM.ti-
cent. ], therefore. recommend that a law
be- framed By YOU for the appointment Of 4
code commission, to BE- composed ot een-
tlenen learned in the law. with sufiicient
power aud means 10 prepare AMI present
for the consideration Ut the legislative AS
sembIy AT future session "a code or codes
of the law; that the rules therein contained
be reduction to the form OF q statute Of
INF DOdy II The law: that the pOwars 1t the
commission be plenary in the adoption ~
the results Of other American cOdifiers,
istence in Montana which have been enact
ed with reference tO heal cOuditiOns: and
that the rules contained In such code or
codes, when authOritatively prescribed. be
the law and the only law Of this common
wealth. except so far - the same may be
controlled hy the constitution and laws of
the United States, or by subsequent en-
actments OF the local asspm.
bly,. Sufficient time should be- given tO the
commissioners to discharge their import
ant duties with care and accuracy. and q
su INC lent means should be placed at theft
disposal tn enable them to perform their |
task conveniently and with suitable facili-
ties. p --al
r..u. e.. MItIrIA. '....... 81.
submit herewith the biennial report of |
the adjutant general to December /, 1883, |
showing the state and the strength of the |
National Guard Of Montana. cordially |
approve Of the recommendations he makes
to bring the regularly enlisted, organized
and uniformed active militia Of Montana,
which constitutes the National Guard, tn . |
degree OF effectiveness for immediate SER
vice in the field, in the event such services
date OF the report the two houses Of con
gress have made special appropriation Of
about thirty thre g thousand eight hundred
fOllars to arm and equip the National
Guard OF Montana, ana the bill 30 passed
will doubtless receive executive approval.
National Guard Is extremely defective and
should be 30 amended rs to create q system
u rules applicable to their object, and
nope that the enactment Of proper and
needed rules and regulations upon that
snsiss 10 imitation alton Of the law q many
,tates and territories, where no larger force
" active militia is encouraged or required
han that Of Montana. the Offices and du-
les OF Qnartermaster general, CON-
nissary general. inspector general,
,aymaster general and judge advocate
general are united with and deyolve upon
he adjufxnt-Re general with authority In him
o appoint an assistant; and as there can
rot be q weli-Ordered, active militia with
nut 40 adjutant general, and rs his report
hOws that the proper discharge of his
luties require considerable time. attention
Nd familiarity with those duties. I sug-
.ess that the offices above he combined, and
hat . salary be- fixed for the adjntant-gen-
raj and his assistant compensatory to the
eryices rendered. .... /
.,... MONTANA LIBRARY ..r |
submit with this communication to you
he report died with me Of Hon. N. W.
AeCOnnell. chief justice NJ the supreme