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

where 1t may b fOu00 0e1oCtlvo ~ OU.A
femedied BY lekislative action. without T Ths
best test Of the system has been IN UeoI
Lodge and Missoula counties. In tnosS
counties the judges have cleared on the ol0
business of the former courts TO Wnicn t9ey
fell heir and can now give prompt attenIio1n
to new cases. Criminals are speedily tf!eu'
and litigants in civil cases can obtain JUS
tioe without unreasonable delay.
In the counties of Lewis and Clarke anu
Silver Bow the old courts were 80 much pc
hind in the trial Of cases when the present
judges took their seats and businees nas
since 30 increased that the new courts nave
cases the prompt trials which they should
have.
The judges have worked very industrious.
IL, but can make little progress. In eacn OF
these counties an additional judge is needed;
at least for one or two years to come, ana
the legislative assembly should 40 provide.
In those districts where several counties
are united the system seems generally to
work satisfactorily. Some Of these counties.
however, have so increased in population
and business that they desire and are emil
tied to be made separate districts, ana tnls'
think should be done as speedily as may
be. It is to be hoped that in few years
each county In the state will be a district
with its own Judge. When this is done all
the benefits Of the judicial system estab-
ished BY the constitution will be realized.
One trouble and inconvenience nave
heard mentioned in the counties joined with
others in one district. is the delay IN pro-
Judge Is absent from the county where the
order is des,red. This, ] think, might DO
remedled to considerable extent BY an
amendment to the probate practice act, au-
thorizing the clerk of the court to make IN
the absence of the judge such orders az are
usually made ex parte.
The constitutional provision for at least
four terms of the district court each year IN
counties not districts by themselves seems
to afford to these counties as much time Tor
the trial of cases as il required at present.
So far az am informed the courts keep
we'll up with the business in these counties.
The same remark is true as applied to the
supreme court of the state.
The constitutional provision by which
civil action in the district court may be
tried by judge pro tempore, who must be
q member Of the bar and agreed upon IN
writing by the parties, is good one.
cases. cases and ii has resulted in ' much saving
to the parties of expense and time, and has
been found very convenient, especially
where the regular judge was disqualified to
try the case, by reason Of having been c0un-
sci or being interested. The provision that
any Judge OF district court may hold
VOu4V 4OA 0Ay VV4OA 0A9tAAOS JuO&O 40 0ASO =
convenient one. It seems to me, however,
that the power Of judge in county out
side Of his own district has been too mar
rowly confined in the recent decision OF our
supreme court.
There are one or two other provisions in
ceedinRs and to the administration OF JUS
tice which may properly be noticed here:
Section 8, Of Article Ill. provides for
the prosecution of criminal ofenses in the
district court by information and also by
indictment by grand jury, when the court
comedies it necessary to summon one, and
. grand Jury is to consist OF seven Persons
only, of whom five must concur to find an
indictment.
Owing to the unfortunate political COM
plications of last winter, which deprived NJ
Of much needed legislation to make consti.
tutional provisions effective, We have no
law defining OF providing for information;
no doubt correctly, that criminal cases
must still be- prosecuted by indictment.
We have not therefore enjoyed the benefits
Of the provision which dispenses in most
cases with grand jury. but We have re-
duced the number comprising It TO seven,
This has reduced the expense to the couni
ties and I think has been found satisfao-
tory to the people. The constitutional pro-
vision that in cases of misdemeanor and in
all civil action two-thirds in number of the
jury may render verdict has, 80 Tar as i
have seen or been informed. been found to
be very satisfactory in it's practical opera
ton and has greatly facilitated the decision
of cases and prevented expensive and un-
necessary new trials.
It may be seen, think, from this crude
review Of our judiciary system, that the
trainers of the constitution builded it
wisely. Il needs legislation now to give
some Of its provisions full effect. II will
need legislation hereafter to adopt it to our
increased growth and prosperity. But the
plan Of the structure is good one and it's
foundations are strong. Such changes in 1t
as different conditions may require or
future experience may suggest, can be
made without impairinR it's solidity or de-
stroying it's symmetry.
Let us hope that 1t may endure long be-
yond our day and generation and never
cease to be the medium by which even
handed justice il dealt out to all our people.
After this there was an informal discus
sion as to dues and various minor matters,
and the date of the next meeting was fixed
for Nov. z, 1891. Secretary Knippenberg
also made short address, in which he
spoke very feelinQly Of the duties Of the
members as citizens of the commonwealth
to which they had given foundation for
laws. At i've O'Clock the gavel fell on the
first reunion of the members of the Society
of the Trainers of the Constitu tion.