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

XeS
protest manifests such q lamentable lack
interest in our protection that / trust "
may md IL e~xpedient TO give public expre
WON 10 our affront by a proper memorial
congress.
sale, Rental and Distribution OF Water.
One OF the most sslutary provisions
Our declaration OF rights is that whis
makes all the water now appropriated
which may hereafter be appropriated fl
sale, rental, distribution or other beneficii
purposes. a public use. Under this provii
lon / assume that you are invested with an
pic authority to provide by appropriate les
t~slation, against excessive and extortionat
charges by Individuals companies or col
porations engaged in the sale, rental or dis
tribution of water. and to prevent the MI
Just discrimination in the disposition of tn
same to the public. In my opinion tn
right of the state to regulate this subjec
should be asserted and maintained. ac
COrdingiy invite your attention to this mat
ter as one worthy of your early considera
ton.
Homestead and Exemption.
Homestead and exemption laws are tn
outgrowth of our civilization. and in all Ell
liRhtened communities there il a universe
concurrence of sentiment III favor of max
ing them broad and liberal. Society owei
6OIIGtUllk - tuG VII HHo htiuiS DIN IA
creditor who trusts the reckless and inn
provident, ought no to be permitted &c
pursue the former to restitution. ! there.
fore recommend that in obedience to the
constitution, liberal homestead and exemp-
ton laws be enacted.
Printing.
Provision should be made for carrying
out section 30 Of article 5 of the constitu-
tion respecting public printing.
Sec. 30-Ali stationery, printing. paper,
fuel and light used in the Legislative and
other departments of government shall be
furnished and the printing and binding
and distribution OF the laws, journals and
department reports and other printing and
binding, and the repairing and furnishing
the halls and rooms used for the meeting
of tho legislative assembly and its commit
tees shall be performed under contract. to
De given to the lowest responsible bidder,
below such maximum price and under such
regulations as may be Prescribed by law.
No member or officer of any department of
the government shall be in any way inter-
ested in any such contract: and all such
contracts shall be subject to the approval of
the governor and state treasurer.
The present contract with the journal
Publishing entered INTO under
the territorial law. and which was contin-
ned in force by the constitution, expires on
the 18th day of March, 1891.
The supreme Court.
Under the provisions of section 3, article
8 of the constitution, the supreme court is
empowered to summon a jury when re-
uuired to determine an issue of fact. 1t
will be necessary for the legislature to pre-
scribe by law the manner in which such
Jury shall be summoned. There is no stat
ute which governs this contingency.
Under the provisions of section 4, of the
same article, the legislative assembly should
fix the time for holding the terms of the su-
preme court, or confer the authority upon
the justices TO regulate them. l think the
number of terms should be increased to
four, and that the assembly should desig-
nate them. This legislation would secure a
speedy hearing of the appeals and render
certain the day when they could be heard.
Clerk OF the supreme Court.
The constitution has deemed the Office of
the clerk of the supreme court of such i'm
portance that it has required him to be
elected by the people Of the state. The fees
allowed for his services should be revised,
and when collected should be paid into the
treasury, This officer should receive a sal
airy.
District Courts.
Since our admission into the union we
have been working under an entirely new
judicial system. In the main it has proven
satisfactory, and with some slight modifca-
tions and legislation which was designed in
the first instance to give it effect, l am con-
hdent that it will meet every requirement
demanded by the public.
Hon. W. w. Dixon, the chairman of the
judiciary committee of the late constitu-
tional convention, has so s%uccinctly re-
-s--N1 ALn nrnka-n in n rnNonk adHFnda ha-
fore the Society of the Trainers of the Con-
.stitution that 1 submit an extract there
from. Among other things he said:
SIN the counties of Lewis and Clarke
and silver Bow the old courts were 80 much
behind in the trial of causes when the pres
emit judges took their seats, and business
since 80 increased that the new courts
have been unable to afford liti9ants in civil
cases the prompt trials which they should
have.
The judges have worked very indnstri-
ously. but can make little progress. In
each Of these counties an additional judge
is needed. at least for one or two years to
come, and the legislative assembly should
so provide.
In those districts where several coun-
ties are united the system seems zen
orally to work satisfactorily. Some of these
population and business that they de-
sire and are entitled to be made separate
districts. and this. l think, should be lone
as speedily as may be. 1t is to be hoped
that in a 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 established by tine constitu-
ton will be realized.
'One trouble and Inconvenience ! have
heard mentioned in the counties joined
with others in one district, is the delay in
procuring orders in probate matters when
the judge is absent from the county where
the order is desired. This, | think, might
be remedied to a considerable extent by an
amendment to the probate practice act,
authorizing the clerk of the court to make
in the absence of the judge, such orders as
are usually made ex-parte.
sec. 3 of article 3 provides TO- the prose
cution of criminal offenses in the district
court by information, and also by indict-
ment by the grand jury, when the court
conceiyes it necessary to summon one, and
Il grand jury is to consist Of seven persons
only, of whom five must concur to find an
indictment.
Sowing to the unfortunate political COM
plicatIons of last winter, which de rived US
of much needed legislation TO make consti-
~tutionai provisions effective, we have no
law defining or providing for information.
The supreme court has therefore held, and
no doubt correctly, that criminal cases
must still be prosecuted by Indictment. We
rave not therefore enjoged the benefits of
the provision which dispenses in most
cases with a grand jury. but we have re-
duced the number comprising il to seven.