The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-11-09

and upon the other by the honorable chair
man Of the Judiciary committee both Of
whom arr eminsntly qualified u cbserva-
ton and ysxperienoe 70 give anHntelligeut
opinion ma valuable Information = TO the
relating TO theas departments.
by reason OF unfortunate complications |
there he's boon little exercise of the leQis- |
tive functions under the constitution. The
provisions relating TO education. revenue |
and the rights OF suffrage have been warm
said, that the constitution as . whole has |
received almost universal approval in Mon |
tana and has ELECTED favorable comment |
from critics, politicians and Statesmen |
wherever it has been the subject of dis |
QUESTION. A distinguished constitutional |
lawyer. Senator Morgan, from Alabama, in
. discussion in the United States senate
made the following very complimentary al |
fusion to this instrument. He said: II
have looked through the constitution of
that have concluded my investigation Of
that body Of organic law with admiration
as one of the most carefully prepared,
one of the most conservative, one of the
most excellent constitutions of all the
states of the American union that I have
ever read"
It may not in this connection be deemed
Inappropriate to refer to another
important historic event in Montana's
career, the organization, in pur-
suance of legislative enactment, Of a
constitutional convention in 1884, and
most unanimously ratified by the people.
Although unavailing, on account Of failure
to secure admission Of the territory at that
time. yet many of the fundamental provi-
sions then adopted have been incorporated
in the present constitution and the work of
engaged In the later work and members Qf
our society, was valuable auxiliary and
deserves honorable recognition. The rapid
progress and forward strides OF our young
state may soon demand revision and en-
largement of the constitution. The pro-
and liberal. As the generations come and
go. developing rapidly successive changes
and conditions, requiring new methods and
additional powers and restraints, We may
expect that the genius and wisdom of our
successors will eliminate, supplement and
present constitution will surely survive be-
cause they comprise the recognized.
immutable and eternal principles
which are essential to good government,
the administration of justice and the pro-
lection and perpetuation of the rights of
man.
It is work Of which you may be justly
proud; legacy that will be handed down
to successive generations, giving encour-
ageMent to industry, inspiration to genius
and support to the social and intellectual
sR e hssS
shall be revolving toward the shadowy past,
the contemplative student, reviewing the
progress of our laws and government, may
revert with perhaps something of ancestral
pride to the trainers of the constitution of
Montana, recognizing their contribution to
ha diOnifv and 7rnsroritv NJ tho otato and
generously acknowledge that "they builded
better than they knew" ri
Governor Toole then made short adj
dress in response to 1.-THE Executive He
regretted very much that he was not able
to respond appropriately to the subject.
The first session of the legislature called
under the act admitting the state into the
union resulted in ninety days session.
but which resulted in securing no law what
ever. With a smile which drew laugh
from his fellow members the governor said
that probably the main thing that had o.
cupied the attention of the executive was
the appointment of notaries public. Then
he read the telegram from James g. Blaine,
secretary Of state, which he received on
November 8. 1889. announcing that the
president had signed the proclamation ad-
hitting the state. This was followed by
the reading of the certified copy Of the
the 18th of the same month. These docu-
ments the governor has filed with the secre-
tary of state and they will become part of
the arohiyes of Montana. The governor
closed his remarks as to the worthy objects
of the association which were received with
applause.
When Judge Dixon arose to make his
address there was a hearty clappinR Of
hands from all present that seemed to have
a deeper meaning than mere compliment
tary greeting. He said:
Mr.. President and fellow members Of the
Society of the Trainers of the Constitution
of the state of Montana: During the last
few weeks unusual demands have been
made upon my time. This fact must serve
as my excuse II what have to say upon the
subject assigned me-"Ihe Judiciary
shall not be as full and as accurate as
might desire in justice to this society and
to myself. &
The judiciary committee in the constitu-
tional convention was composed of fifteen
members. They were all praoticing law
yers, and were from all the different Sec
tions of the new state.
They we're truly representative body of
the bar and also, az the action Of the con-
vention in finally adopting this report,
proved, of the people of the state. I had
the honor to be chairman of the committee,
and wish here to record my testimony of
the patience, industry and ability with
which every member performed his duty.
Full but friendly discussion upon all inn
portant matters was had. The differences
Of opinion were mainly upon minor points,
and uniform courtesy and consideration
prevailed in the committee throughout its
sessions.
The most important matter for con-
sideration was the organization and juris-
diction of the courts. The system agreed
upon Was substantially that of California.
and there was not much difference of
opinion in the committee az to this. The
distinguishing features of this system were
the resting Of all judicial power in three
courts only-aside from municipal courts.
the supreme and district courts, and the
courts of justice of the peace-and uniting
in the district courts all civil, criminal and
probate jurisdiction, instead of having a
separate tribunal for criminal and probate
matters.
The point upon which the members of
the committee was most at variance was
whether each county should be made dis
trict by itself. with it's own judge, or whether
some of the less populous counties should be
Joined in one district with judge in COM
mon.
There was no doubt that the benefits Of
the system would be best secured BY judge
for each county. but, on the other hand. the
limited amount of business and the small
population in several of the counties seemed
not to require separate Judge in each and
to impose too heavy an expense upon the
taYnAVAr1 so 1iaA.