Butte semi-weekly miner., 1889-01-16
WHOLE NO. ,S3

bis appointment is approved thereafte
by the legislative council, provided tn
vacancy in Office. TO fill which such sp
pointnent is made existed at the ad
Ijourument of the legislative assembly pre-
eeding such appointments. Under th,
srowns and demonstrating voiee OF that
!law the Attorney General has been kept out
Of any pay for his valuable services to ths
public, and has never received anything.
recommend that you at once provide fol
the payment OF bis salary. Surely there ID
no man in Montana ready TO refnse this
just and long delayed claim. The attor.
nes general has made detailed report to
the gov :rnor, showing his services rem
dered, and his careful and ltborious exam
ination Of the statutes oil this Territory,
and subioining some wise suggestions,
which / submit for your consideration.
CoDIFICATIoN OF THE LAW.
/ ask your earliest attention to the un-
satisfactory condition OF the statute law;
TO the fact that in many particulars it is
not up to the standard of progress which
characterizes the policy and Jurisprudence
of the most advanced and enlightened
states; and to it's manifold Inconsistencies
and uncertainties. The Injunction to
know the Law" should succeed intelligent
enactments, and not be made before them;
and the time is come for you to
adopt plan so to revise the law
OF it's existing confusion, and to
fix it's rules, that the people who
are expected to obey them may know them.
1t mas been found possible by experience to
codify the rules Of the common law and to
reduce them to the form OF the statute.
David Dudley Field, whose able and per-
sistent efforts were begun in 1889, is enti-
tied to the credit for the first of such posi-.
bilities, and the legislatures OF California
and Dakota to the other; while New York
has only been prevented from adopting the
full results of her several code commissions
because her legislature has been too much
occupied with special legislation to give
the necessary time for their consideration
"a reason which does not exist in Mon
tana and should not delay you. One
OF those results-the code OF civil proceed
vre-has been adopted by New York and
by twenty-five other states and territories,
including Montana; and there is every
reason for the opinion that the penal,
political and civil codes belonging to the
system, OF which the code OF civil procedure
is part. will, if adopted into low here,
prove equally salutary and bene6cient.
|, therefore, recommend that law oe
framed by you for the appointment of q
code commission, to be composed OF gen.
leman learned in the law, with sufficient
power and means to prepare and present
for the consideration OF the legislat We
at future session code or
codes of the law; that the rules therein
by reduction to the form OF q
statute of the law: that the powers of
the commission be plenary in the adop.
tion OF the results OF other Amer icancodi-
iers, preserving, however, those statutes
in existence in Montana which have
been enacted with reference to local
and that the rules con-
tained in such code or codes, when
prescribed, be the law
snd the only law OF this commonwealth
except SO far as the same may be
controlled by the constitution aud laws OF
5he United States, or by subsequent en-
actments of the local assem-
bly,. Sufficient time should be given the
to discharge their import
Int duties with care and accuracy, and a
means should be placed at their
disposal to enable them to perform their
,ask. conveniently and with suitable faciii-
les.
MILITIA.
submit herewith the biennial report OF
the adjudant general to December /, 1888,
showing the state and the strength OF the
National Guard of Montana. I cordially
approve OF the recommendations he makes
TO bring the regularly enlisted, organized
and uniformed active militia OF Montana,
which constitutes the National Guard, toa
1egree OF effectiveness for immediate SER
vice in the field, in the event sucn services
should be at any time required, Since the
late OF the report the two houses of Con-
yress have made special appropriation OF
about thirty-three thousand eight hundred
dollars to arm and equip the National
Guard OF Montana, and the bill SO passed
will doubtless receive executive approval.
The law authorizing AMI regulating the Ma
.ional Guard is extremely detective and
should be so amended as to create system
If rules applica BILE to their object, and l
nope that the enactment OF proper and
needed rules and regulations upon that
subject will receive your careful at.
;ention. In imitation Of the law OF many
tates and territories, where no larger force
If active militia ia encouraged or required
han that OF Montana, lie offices and du-
les OF quartermaster general, COM
nissary general, inspector general
general and judge advocate
eneral are united with and devolve upon
he adjutant-geueral. with authorityin in him
o appoint an assistant; and as there can.
lot be well-ordered, active militia with
,ut an adjutant-general, and his report
hows that the proper discharge OF his du-
les require considerable time, attention
md familiarity with those duties, l suggest
hat the officers above be combined, and
hat salary be fixed for the adjutant gen.
raj aud his assistant compensatory to the
ervices rendered.
MONTANA LIBRARY.
/ submit with this communication to you
he report filed with me OF Hon. N. W. Nc
onnell, Chief Justice of the Supreme Court,
ouching the care and supply of the Mon
ana library. and invite your favorable
ction upon thesuggestious and recommen-
ations OF that report. I mention the fur
her fact that there are thirty-five hundred
o i've thousand volumes and publications
{ the miscellaneous part OF the library,
Or the care and preservation OF which sui
cient provision is not made. l invite you
o come and see for yourselves the condi-
ion it is in, and to adopt the proper rem
dy. This library-that is the law, miscel-
.neous and historical departments
hould all be made one gr at, growing in
crest in the Territory. Already it is one of
be chief attractions and subject OF praise
o all Strangers who visit the capital and is
he pride OF Montana's people, as they
oint to it and realize that its present
roportions and extent far exceed like en-
erprises and departments in many OF the
ta taa Thia one intprpat in Montana
hould be nursed and made to grow by the
sgislature. l trust you will open liberal
and to it's encouragement.
There are a number OF great interests,
ull OF promise and much OF the spirit OF
nterprise and investment OF capital, all
,ver this territory; and yet there is no
onfict OF interests or antagonizing forces
q the industries and striving development
II this country. In the natural .confor.
nation OF the Territory there is, and
must forever be, eastern, western, north
rn and southern divisions CT this govern
nent. Nevertheless, these parts are one
ommon whole and one government. You
re the trusted agents to consider and act
or all, and not for part OF the people;
md no such thing as class legislation or
ectional measures will receive your iavor,
kept as may be for the public good.
Zach pau OF the Territory must help sup
ort the other, and 30 every separate in-
crest and industry must hold up the
ther. I shall gladly help and cooperate
18th you in everything Tor the honor and