The Great Falls leader. [volume] (Great Falls, Mont.) 1888-1900, 1889-07-19
Constitutional Convention.
uettlng Down to the Milk in the Co.
cOanut at Last.
Inc Infamous Grand Jury to be Prac-
tically Abolished.
Hogan the AerOnaut Drowned in the
Deep, Deep Sea.
Constitutional Convention.

Ihe journal was read and approved.
Richards, chairman of the committee
on education, made the following report
on article Of the constitution of 1884.
ana proposition seventeen which provides
that it shall be the duty of the legisla-
ture to establish and maintain general
uniform and thorough system of free
public schools, the governor. supt. of
public instruction, secretary of state and
attorney general shall constitute state
board Of land commissioners. 1t shall be
the duty of the legislature to provide by
taxation or otherwise sufficient means in
connection with the amount received
from the general school fund to maintain
a public, free common school in each ar
ranged district, for at least three months
in each year, which shall be open to all
children and youths between the ages of
6 and 21 years. The general control and
of the state university, and
various other state educational institutions
shall be vested in state board of educa-
ton, which shall consist of eleven men,
bers, the governor, state superintendent
OF public instruction and attorney gener-
III, being members ex-officio. The other
eight members shall he appointed by the
governor. The funds of the state uni
versity and of all other state institutions
OF learning, from whatever source accru-
ing, shall forever remain inviolate and
sacred to the purpose for which they
were dedicated. The various funds shall
be respectively invested under such reg
ulations as may be prescribed by law, and
shall be guaranteed by the state against
loss or diversion. The interest of said
invested funds. together with the rents of
leased lands or properties, shall be devot-
ed to the maintenance and perpetua-
tion of these respective institutions.
Convention resolved itself into commit
tee of the whole.
Galloway was called to the chair.
Preamble and resolutions were taken
up for discussion.
Right on the start lively and long de-
bate ensued on right to leave out words
"Almighty God" in preamble. Preamble
read:
"We the people of Montana, grateful
to Almighty God for the blessings of lib
erty, in order to secure the advantages Of
Il state government do, in accordance with
the provisions Of the enabling act of con
yress, approved the 22nd day of February.
A. d., 1889, ordain and established this
constitution
Knowles wanted something else substi-
tuted and Maginnis spoke at some length
on the subject. He said nearly every
constitution of every state contained these
words. lie also obj jected to the insertion
of the words,'ln accordance with the en-
abling act Of congress-
After the discussion Of other questions
the convention took Il recess until two
o'clock.
Afternoon session.-Convention reas-
sembled at = p. IN. and Immediately went
iuto committee of the whole, Galloway
in the chair and the important matter of
abo!ishiny the grand jury was debated
upon at length.
Judge Dixon was first to speak. 1t
was taking a very important step and as
the grand jury system was very old, to
abolish it would he dangerous. He
spoke in favor of his substitute, which
provides the use of grand juries on Ger
tain occasions, but does not do anything
with the plan proposed OF proceeding by
information. The grand jury was q very
needful thing, as it 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 and the pro-
vision around it. He 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
substitute and spoke at some length
about the constitutionality of the grand
iury system in the different states. He
Thought that Judge Dixon's substitute
was fair compromise between those
that wanted the grand jury system abol-
ished altogether and those that wanted
it is the substitute provided.
Middleton called for the reading OF
the substitute.
Burlcigh opposed the adoption of Dix
on's substitute. He took the ground
that the grand jury was an inquisit!onal
system and information was all that was
necessary and he believed that district
attorneys were us honest and honorable
as any class Of people and were as CON
scientious in the discharge of their duties
as other officials. The talk about their
supposed compatibility was all bosh.
Da'ing away with the grand jury would
relieve counties Of a great deal OF unnec-
cssarv expense entailed by the people
clinging on to custom which is relic
Of the past dark ages.
Robinson spoke in tayor Of hixon's
substitute.
Judge Luce supported the substitute
lie said there were times when grand
Jury was necessary.
Collins spoke against it.
!. X. Toole believed the grand jury
system should be abolished in part, but
hot altogether. Tho suggestion OF Judge
Luce relative to q committing magistrate
making mistakes in criminal cases was
very pcrtinent one. The provision in
.IuGye Diyon's substitute that the Judge
should have this power to call grand
iury was a very wise one.
The motion to adopt the substitute was
then put, aud Mr. Clark gaining the iiool
smoke against the adoption Of the sllbstl'
t,,te, He said there was no reason WhV
this dark blotch upon American olylllza'
tion the grand jury system, should bo re-
tained. 1t had been said upon the t1ool
that Wisconsion had never had occasion
to call grand jury since its partial abol
iShment some years ago. IL tnat vert
truc Montana should abolish the syste n
altogether as it was inquisitional and IL
every way opposed to advancement anf