The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-01-07

! AZ AocS, was COmmltt0u 20 q 1umieB
which was required 10 report three of u
codes to the next ensuing Legislature. II
commission has been Enthusiastically engage
in:the work since the adoption Of the sta
constitution. II has completed and flt
with secretary OF state the .'civil code
'the code Of civil procedure" and '.penI
coje." l am in receipt of q commune,
ton from the chairman of the commissio
under date of December, 1890, az follows:
"Keplying to yours of the 10th I have tt
honor 10 report: That the code commits
sion appointed in pursuance OF the act O
the Legislative assembly of March II. 1873.
commenced its labOrs i'll April, 1889, an
almost continuously since the frs: day o
September of that year. has worked in codi
flying the laws as provided in the act, ant
as II result the code commission has com
pleted and filed with the secretary of 1tate
Civil Code" Code of Civil Procedure
n Penal Code" and ID now ut work upon
Political Code which. it il expected, will
be completed by the 10Th day of January
1891.
1.-The making of the political code il a
great task and ought to have been completed
before the making of the other codes, but
this could not be done and comply with the
act creating the commission. Much labor
has been spent upon the political code in
making our laws, official duties. and state
and county governments generally conform
to the requirements of the constitution.
/. The commission might prOftably have
spent every day since the passage Of the
act creating it. upon the political code.
1--WE have felt hurried with our work on
account of the limited time given for its
completion. In other states from three to
five years have been occupied by commits
sioners in codifying each subdivision of
their laws, and we would be much better
aatfcfa1 with o,rr tvuvk IN Wa had unnra TINA
to bestow upon it.
Before the codes, already filed, are finally
submitted a few changes will have to be
made in consequence OF some of the pro-
visions of the political code, but we hope to
have all the codes ready by the 18th of
January next.
ITO make each cod complete and har-
monious with itself, and with each of the
other codes, and at the same time embody
and perfect the provisions of our territorial
statutes, and make them conform to the
constit alton, has required a vast amount of
patience and labor and two years further
time might we'll be spent in the work."
These codes will embrace the whole body
of the statutes law of the state except such
additions as may be made at this session.
The greatest possible care and Investigation
will of course be necessary in order to pre-
serve harmony between their several parts
and consistency between the whole and the
constitution. While the gentlemen COM
posing the commission are learned in the
law and are in every way qualified for such
distinguished and important service,
nothing affecting the character of their work
should be AIKEN by implication on that ac-
count. Tn responsibility for the work will
rest jointly upon us and the commission.
The act creating the commission contem-
plated that five hundred copies of the
several codes should be printed and placed
in the hands of the state Librarian. judges
of the supreme court and district courts
and other state officers and members OF the
bar of the state in order that the
work. might be i~nteIligently examined
and criticised before the assembling of the
legislature. There doe not seem to AVE
been n appropriation available for this
purpose, at all events none were published.
1t will not be unwise to consider in the out
set whether it YOU be more prudent to
first provide for the printing contemplated
by the act creating the commission and
then confine your labors to the enactment
of such legislation as is necessary to carry
out constitutional provisions and the settle
Inent Of outstanding claims against the
state, leaving the code to be considered by
the next session of the legislature.
This is an important question and worthy
your consideration. l do not see my way
clear to recommend this course, but simply
call attention to it.
Public Schools.
There is abundant evidence to show that
steadily from year to year. It is the great
popular institution of the state and deserves
we'll of the legislative assembly. Reliable
statistics show the following interesting
facts: There are about 10000 school chill
dren in the state. About 600 teachers are
employed at an average of about $56 per
month. One million dollars is invested in
property. This includes $40 school
the close Of the school year, Aug. 81, 1889,
the several counties had on hand 1854, 761. 70.
amount received for school purposes
from taxation and other sources for 1885,
$569,521.91.
Paid teachers. .......... ............ 2215,5 7S OF
Paid for school apparatus. ........... 6,sO7 IS
Paid for school houses, sites, etc ....... 1888 SO
other expenses. ..... 32,O79 81
Balance on hand Aug. 3lst, Is9O....... 22l,ii9 81
During the year forty-seven school dis
tricts observed Arbor Day and $50 trees
were planted. The compulsory clause of
the school law has not been generally OBJ
served, but no prosecutions have been in
under it.
Fees of County Officers.
Your attention is directed to the present
kCO JILL VI IL AC6PCSbAvc culDy OllCcESs
The complaint is universal that the fees un- /
der the territorial laws, and which are now
into the state statutes, are ungea-
and excessive. While all officers
have a fair and just compensation,
ought tie be consulted in the establish
ment of fees, the citizen ought not to be
compelled to surrender entirely to iaeir de-
] recommend, therefore, a COM !
plete revision and adjustment of the pres |
snt law fixing the fees of county officers 80
as to make them approximately m |
5urate with the services rendered, and that
sll fees when collected be paid into the re-
county treasures. and that in lieu
thereof, salaries be paid to such officers.
| feel confident that this will withdraw
the temptation to be over Jealous, ostensi- |
bly, for the public good. but in reality not
lnfrequently for their own aggrandizement.
all events it is worth the experiment, bat
il my judgment it should not take effect
until January A. d.. 1888.
Corporations.
The organization of corporations to carry
on large enterprises has become a necessity
iii this and other states: the DEVELOPMENT
of our resources and the carrying forward
of projects for the public good in many in
are of such magnitude and require
outlay Of such large sums of money
private capital cannot be induced to
III them. The law should provide
for the incorporation OF such. but l con-