The Helena independent., 1889-07-19

m. OdLflcQ.
Convention reassembIed promptly at 2
O'Clock and was called TO order by PresI-
dent Clark.
Stapleton asked leave of Absense until
which was granted.
Hartman asked and obtained leave OF alb
sence until Monday.
On motion the convention went into com
mite OF the whole, Galloway in the chair.
Judge Dixon spoke about the proposed
of the grand jury. He said il
was taking very Important step and as
the grand jury system was very old, 70
abolish is would be dangerous. He spoke
in favor OF his substitute. which provides
the use Of grand iuries on certain Occa-
siOns, but does not do away with the plan
proposed OF proceeding by information.
The grand jury was q very needful thing.
as IL would keep district attorneys and even
judges In check. There would be times
when the grand jury were needed, and the
small number proposed In his substitute,
did not see what harm could be worked BY
its adoption. When Judge Dixon had
finished he was greeted with applause.
Whitehill supported Judge Dixon's sub
Stitute and spoke at some length about the
cOnstitutionality OF the grand jury system
10 the different states. he thought that
Judge DIxon's substitute was a fair com
promise between those that wanted the
grand jury system abolished altogether
and those that wanted il as the substitute
provides.
Middleton called for the reading of the
substitute.
Burleigh opposed the adoption of DixOn's
substitute. de took the ground that the
grand jury was an inquisitorial system, and
Information was all that was necessary,
and he believed that district attorneys were
as honest and honorable as any class of
people, and were as conscientious in the
discharge of their duties as other officials.
The talk about their supposed cOrruptlOll-
ity was all bOsh. Doing away with the
grand jury would relieVecountleso OF great
deal OF unnecessary expense entailed by
the people clinging on TO q custom which Is
a relic of the past dark ages.
Robinson spoke in favor OF DixOn's sub
stitute.
Judge Luce supported the substitute. He
said there were times when q grand Jury
was necessary. Sometimes committing
magistrates did not possess the requisite
amount of legal ability and would dis
charge prisoner through stupidity when
the prosecuting attorney had made out q
good case. Again, it WAS often the case
where new evidence is discovered after the
preliminary examination. There were
times when star chant bers II qLiries should
be held for the purpose OF securing cOnyic-
tions of criminals. He was willing to COM
promise and place the grand jury at FIVE,
but IL should not be abolished.
Bick ford withdrew his motion to commit
the question 20 the judiciary committee.
Collins said he did not. think il thelexclu-
sive right of the judiciary committee to set
tie the question. Others had a right 10
have something TO say. A great many able
lawyers had written books and learned es-
says looking towards the adjustment OF
the grand Jury system, and the plan had
been tried in several states and found 10
work well, and il should be tried in Mon
tana. Lawyers were conservative men,
but their views should not be adopted on
all questions. He was in favor of refer
ring to the judiciary committee with in
structions to draw such an iron-clad clause
that would forever abolish the grand Jury
system in Montana.
J. X. Toole agreed with the gentleman
from Cascade that attorneys should not
have all the say so in the matter. 1. was 8
question for the people. He believed the
grand Jury system should be abolished in
part, but not altogether. The suggestion
of Judge Luce relative 10 committing
magistrate making mistakes in criminal
cases was a very pertinent one. The pro-
vision in Judge Dixon's substitute that the
Judge should have the power 10 call a grand
Jury was very wise one.
The motion 20 adopt the substitute was
then put, and Mr.. Clark gaining the nOoI
spoke against the adoption of the substi
sfute. He saw no reason why this dark
splOtch upon American civilization-the
grand jury system-shOuld be retained. Ii
had been said upon the floor that Wiscon.
sin had never had and occasion TO call q
grand jury since IFS partial abOlishmeni
some years ago. If that were true Mon
tanA should abolish the system altogether
a. il was inquisltiOnal and in every way
apposed 70 advancement and civilization.
Sergeant spoke against the abolishmeni
of the grand jury system
The vote was then taken on Judge
DixOn's substitute, which was carried by q
vote of 50 to 10.
Gov. Carpenter moved to amend sec. s az
follows.
No person shall for felony be prosecuted
against criminslly otherwise than by in
dictment or information, except in cases
arising in the land or naval forces, or in
the militia, when in actual service in the
times Of war OF public danger. In all
cases offenses shall be prosecuted by in
formation OF complaint
He spoke in favor of his amendment, say
ing that he was in favor of the grand jury,
but the amendment was offered in the in,
terest Of legislation.
Judge Dixon spoke against referring the
matter TO the legislature, as the constitu-
ton was able 70 settle il at once.
The amendment offered by Gov Carpen-
ter was lost
Mayer moved TO amend sec. by max
ing hte number constituting the grand Jury
nine instead of seven.
Collins moved to amend the amendment
by making the number 5. instead of Z.
Dixon opposed any alteration in the
number.
Collins withdrew his amendment and
Mayors motion was put and lost by q
vote OF so TO 2I.
Reading of the article on preamble was
continued.
Thurston offered substitute for section
10, which WAS lost
Robinson moved to amend sec. 10 by
making the court the sole determiner OF
the law, instead of the jury. The motion
was lost.
Carpenter moved to strike out the words
retroactive in its operation" in section
IL. The amendment was adopted.
Warren moved 10 add TO section ~ the
section Of the old constitution giving per-
sons the right TO bear arms, and it was
Marshall moved to strike out section l3-
"That private property shall not be taken
for private use unless by consent OF the
owner, except for private ways OF neces-
sity, and except for reservoirs, drains,
fumes OF bitches on or across the lands OF
others for agricultural, mining, milling,
or sanitary purposes'-as IL was
MAginnis said il our valleys expected 10
be filled with farmers that section should
remain.
Bickford said that sections Is and IA
THAT private property shall not be taken
OF damaged for puOlic or private use with
out Just compensation Such compensa-
tion shall be ascertained in the manner
provided by 'law'-should be taken to-
gether, and il was necessary for the ad-
vRneement of our agricultural Interests
that they should be adopted
Judge Knowles spoke in favor Of the sec
tions and said constitutional provision
was Necessary for the future growth of
Montana
Major MAginnis spoke against striking
out the sections and offered an addition 70
The sections as follows: 1.-THE right of emf
nent domain shall not be curtsiIed and the
property of corporations shall stand on the
same footing as that of private persons"
Judge Luce was In favor OF the sections,
but suggested the convention had the right
10 say what public use was The territory
would dry up and die IL bitches could not
be constructed across another mans land.
Bickford moved 20 combine sections Is
and IL Carried
Major Maginnis' amendment was put and
carried
Kanouse offered the following. THAT
the taking Of private property for ways OF
necessity for reservoirs, drains, fumes or
bitches on OF across the lands Of others for
agriculture. mining. milling or sanitary
purposes shall be deemed and taken TO be
pubic use"
j. 4. TooIe moved that the further con-