Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-07-20
VERY BUSY ALL DAY
lTHE C0HSTTTUET0N-MAK UP TO
THEIR EYES IN WORK.

TEE C0HszITUETON-MAKERs UP 70
rzEIR EYEs IN work.
Evfdent1y Tired Of the Grand jury System.
Aliens and AIines-The Clause to For
bid the Importation of the Pinkerton
Thugs stiIl I'm Abeyance-Public school
Landss
HELEHA. Mont, July 15.-To-day was
the busiest day OF the, session the conven.
tion sitting as q COMMITTEES OF the whole
all day.
The article ON preamble was considered
and adopted as reported by the COMMITTEES
with the epexception Of two substitutes for
sections offered by Judge Dixon, someslight
verbal changes and two sections yet under
consideration. The two main things EN-.
bodied in the declaration of rights were the
abolishment OF the grand Jury in the main,
and the adoption Of the section allowing
aliens To hold and work mines.
An amendment offered by Field. prohibit.
ing the iz1aportation OF armed bodies into
the staS& for the so-called .pr0tection 81
property, !" is still in allegiance.
PRocEEDNas IN DETAIL.
The meeting was called to order at 10
O'Clock by President Clark.
Richards, chairman OF the committee on
.arnn&sr, zrhr.;%@o<l m lop0thv ropork ro1a
tive to the disposition Of school lands. The
report reads:
1.-THE Governor, Superintendent of Public
Instruction, Secretary OF State and Attor.
ney General shall constitute the state board
of land commissioners which shall have the
direction, control, leasing and sale OF the
school lands OF the state, and the lands
granted or which may hereafter be granted
for the support and benefit OF the various
state educational institutions under such
regulations and restrictions as may be pre-
scribed by law"
Among the other important matter con
tanned in the report is the following:
THE STATE UNIVERSITY.
1.-THE general control and supervision o
the state university and the various Other
state educational institutions shall bt
vested in state board Of education, whose
powers and duties shall be prescribed
and regulated by law. The said board
shall consist OF eleven members, the gov
ernor, state superintendent OF public in
struction and attorney general beint
members ex-officio. The other eight
members thereof shall be appointed by the
governor, subject to the confirmation o.
the senate, under the regulations and re
strictions to be provided by law.
"The funds OF the state university anc
of all other state institutions OF learning
| from whatever source accruing, shall for
purpose for which they were dedicated
The various funds shall be respectively in
vested under such regulations as may bt
prescribed by law, and shall be guaranteed
| by the state against loss or division.
1.-THE interest of said invested funds, to
gether wither with the rents from LEASED
lands or properties. shall bedevoted to tn
maintenance and perpstuation OF thes'
respective institutions"
In COMMITTEE OF THE WHOLE.
The convention resolved itself into {
committee of the whole. Galloway wal
called to the chair.
The preamble and resolutions were takel
up for discussion. Right on the start 1
lively and long debate ensued on the pro
priety of leaving the words Almighty God
/ in the preamble. Preamble reads: "We
| the people of Montana, grateful to Almight.
| God for the blessings of liberty, in order t.
secure the advantages Of state govern
menr. do, in accordance with the provi
sions of the enabling act OF congress, ap
proved the 22d day Of February, A. D,
1889, ordain and establish this constitu
tion."
Knowles wanted something else substi
tuted, and Maginnis spoke at some lengt
on the subject. He said nearly every COZ
stitution OF every state contained thos
words. He also objected to the insertlo
of the words, ''in accordance with the or
abline act of congress-" After discussion {
the other sections, the convention took
recess until 2 O'Clock.
THE AFTERNOON SESSION.
The afternoon session convened at
o. m. and Immediately went into commit
tee of the whole, Galloway in the chair.
The important matter Of abolishing th
grand jury was debated upon at length
lJudes Dixon was first to speak. AZ tt
Igrand jury system is very old, to abolis
LII would be dangerous. He spoke in fave
of his substitute, which provides the ut
of grand juries on certain occasions, bu
does not do away with the plan propose
of preceding by Information. The gran
Jury was q very needful thing, as it woul
keep district attorneys, and even judge
in check. There would be times when tt
grand Jury would be needed, with IL
. small number proposed in his substitute
and the provisions thrown around it. d
|. did not see what harm could be worked b
it's adoption.
When Judge Dixon had finished he We
, greeted with applause.
While Hill supported Judge Dixons su
stitute and spoke at some length about I'll
constitutionality OF the grand jury syste
: in the different states, he thought that
| JUDGE DlxoN's SUBSTITUTE
; was fair compromise between those th'
wanted the grand jury system abolisht
. altogether and those who wanted it as I'll
substitute provides.
Middleton called for the reading OF tt
Substitute.
Burleigh opposed the adoption OF Dixon
|, substitute. He took the ground that Il
grand Jury was an lnQutsltofiaA sysVoL
and information was all that was nece
, sary, and he believed that district alto
} news were as honest and honorable as al
class of people. and were as conscientio'
: in the discharge OF their duties as 9th
officials. The talk about their suppos'
compatibility was all bosh. Doing awe
with the grand jury would relieve COUNT
{ OF great deal of unnecessary expense 9
! tailed by the people clinging to q custo
which is q relic OF the past dark ages.
), Robinson spoke in favor OF Dixon's su
stitute.
Judge Luce supported the substitui
q He said there were times when a grand ju
was necessary.
Q Collins spoke against it.
J.K. Toole believed that the grand iu
9 system should be abolished in part, b
;. not altogether. The suggestion OF Jud
: Luce relative to @ committing magistra
q making mistakes in criminal cases was
l. very pertinent one. The provision in Jud
IDixon's substitute that the judge shou
+ have power to call q grand jury, was
9 very wise one.
The motion to adopt the substitute "
:, then put, and Mr.. Clark, gaining the fio'