The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-08-05
FAE CODE IS CRITICISED.
II C. Day, Of Livingston, Offers Sug-
gsstions as to the Proposed
Penal Law.
Restrictions on tho Legitimate
Functions OF q Political Cam
paign Considered.

rhs Code VIII Do Away With Licensed
Gambling-suggestions About the
Use Of Dynamite.
An interesting session Of the Montana
bar association was held yesterday. Tho
only PAPER 20 far read was presented BY b.
%. Day, of Livingston. at tho afternoon
session. IT WAS a very complete and o.
hsustive review Of the proposed penal code.
Az the morning session = partial report on
The fourth Subdivision OF the civil code
was presented. and the committee In ao-
Dosdance with a subsequent motion, In
ktluotcd TO &C mplste their report and file y
with the secretary on or before Nov. !, 1917,
for publication and presentation to the
Legislature. Then a report OF the commit
tes OF the third division OF the civil code
was taken up and considered section BY Sec
Rtion. In the afternoon the report was
ngain taken up and acted upon u part.
when the following tssolution presented BY
ILL.,. B. Smith. was adopted:
Resolved, The question Of the relation
and property rights Of husband and wife
are rerefe red to the committee with in
struction to prepare a consistent bill TO be
submitted; md that it 10 the sense OF this
association that dover and courtesy be
abolished and In lieu thereof one-third OF
the property of the husband be given to she
wife absolutely on death of the husband and
one-third OF the wife's property descend
absolutely to the husband on tho death
OF the wife, but that the real estate OF
either cannot be sold or conveyed except by
signature Of both parties during the cover
ture.
Chairman Bullard, OF the COMMITTEES on
the first division of the civil code. pre-
sented the following report, which 10 a
Hpncial order for this morning at 10 O'Clock:
/. That section 263 be amended so rs to
read as follows: Section 2G3. Private cor
po. ations may be formed for the purpose OF
religion. brnevolenoe. education. art: lltera-
ture. social enjoyment. profit. and for any
other lawful business.
The section as pl resented by tho printed
code prevents the incorporation OF mercan-
tile com anies. rhonogt aph compnnics. real
estate companies, companies Tor the con-
OF 1Hhut character, and leaves it uncertain
na to whether n large number OF Other
Glasses Of business may be incorporated or
not. II also disaolves all corporations here
totore organized that have not been organ
lied for one OF tbs purposes specified In this
section.
2. lhat' section 2G6 be amended by
striking ont ''for'' and inserting in lien
thereof "far'' between the wo. DIS so and
matter" The word ''for'' is evidently a
typographical Q ror.
3. That section o67 be amended by
striking out the wo "ds Except those, dis
solved by the provisions OF section 263."
4. That wherever the words principal
place of business occur in part Nv. the
words principal Office" be substituted.
4 his change il recommended so as that the
certificate Of incorporation of a company
shall DO recorded in the county where its
principal Office is kent, and generally to fix
the headquarters of the company at lts
principal Office rather than at the place
where it's business may be transacted. We
think principal office" a better term than
-, Principal place of business"
5. That subdivision 4 of section 270 be
amended so AZ to read as follows: 4. The
term TOR which it is to exist should not OK
ceel fifty years.
6. That subdivision = Of section 27O DO
amended SO ~ to read as follows: III it
has capital stock, the amount thereof and
the number OF shares into which 1t 10 dlvld-
CO."
!. That subdivision 5 of section 27l be
amended 20 az to read as follows: s. Ar
ticles of Incorporation of any railroad COM
pany. except a street lailroad company,
shall also state the nRmea of the counties,
states. territories and countries where tho
to, mini of the said road are to be located,
and those through which said road shall
pass, and the general route of said road.
also the amount OF capital stock necessary
to construct the same.
Your committee are of the opinion that
the provisions OF the code relating to ordi-
nary railroads should not DO made to apply
to street railroads. and that additional pro-
visions should he inserted in the code Tor
the organization of street rail-
8. That section 273 be amended by strik-
ing out the word twenty" and inserting in
lieu thereof the word fifty. so that the
term for the existence Of corporations shall
be fifty years instsad of twenty yeas.
Q. hat section 276 be stricken out.
10. That section 277 be amended BY
striking out the wo d necessary"
IL. Tnat section 296 be amended 80 as to
read a. follows: Section, 296. The meet
inRs of the stockholders and board of di-
rectors of a corporation must be held at its
Office o. principal place Of business. or at
such other place az may be designated in
the notice or call for the meeting.
~. That section 299 be amended by add
ing thereto ~ follows: so long ~ they
respectively remain directors, provided
that il any one or more directors shall make
and file said reyo- and accompany the
same with an affidavit to the effect that he
OE VuOy A0fo OCoA = v PAOSuAo 0O"OP-
Grafton Of a majority of the directors. or Of
the president or secretary in making such
report, the director or direoto.s 30 making
said Sport shall be relieved of tho liability
herein created"
ID. That section $40 be stricken ont.
IA. That section 3l2 be stricken out.
Is. Thnt section 362 be amended by
striking out the word twenty" and insert.
ing in lieu thereof the word fifty"
l6. That section 391 be amended by
striking out the words "ive hundred thous-
and dollars" and inserting in lieu thereof
the words "one million dollars"
II. That section 1872 be amended BY
striking out the words amy two" and in
sorting in lieu thereof the words - major
ity."
l8. That section 553 requires railroad
companies 10 file in the office of the state
auditor on the first dav of December in
each year a report for the year ending or
the 30th dav Of November preceding. W.
arc of the orinion that a reasonable time
should be afforded for preparing and hline