The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-15
His Statement With Reference to
Matters in the Grand Jury
Report
Tho Proceedings In the Bedrooms
Estate Were Conducted
Above Board.
whatever Charges He Made In ANY Es-
tate He Says Were Reasonable
Compensation.

iury: tMay it please the court: Several
days ago l intimated my desire, ut the
proper time. to make some remarks with
reference to certain matters contained Ill
the report which the late grand jury re-
turned to this court. My desire SO to do
was increased by certain remarks OF your
honor made on that occasion, in which you
reverted to the olose relations existing IN the
administration OF justice, between the bench
and tho bar. And while the remarks OF
your honor did not imply, nor do believe
there was any intention to imply That tho
allowance of certain final accounts in the
probate department. was obtained by any
indireotion on the part of the admins ira
tor or of any OF his attorneys: yet In view
Of what was said, | desire this court and
the members OF this bar to distinctly under
stand that neither / nor any firm with
which I ever had connection ever presented
a final account OF any estate and asked q
dscros approving it, without first either
having read ths account or submitted it to
the Judge to be by him taken under advise
ment. Nor do I bellows that the public ad-
rnipistrator ever desired or attempted
cither in the estates with which i had any
connection, or in tbs estates in which ne
was represented by other attorneys, to
evade the closest scrutiny Of az his
accountlnps. .,
IN reference to the Behrens estate, which
was mentioned in tho report, final account
setting forth in detail all xpenges OF ad-
1ninistration and petition for approval was
fled on the I'd day Of May, 1891; an order
was.made in departments No. ? Of this b on
orable court setting the same TOT nearlne
on May 16, 1891, and directing the clerk to
Give notice to creditors and all concerned,
ns provided bv law. Ahidavits are on file
howin that the proper notice was given.
The decree made and filed on May 16 shows
that the matter was called to the attention
Of the court in that department on tho 18th,
that it had been taken under Amusement by
the eeurt until the 18th, that no person had
made any objection to the allowance of the
account (snd I may remark In parenthesls
that numerous creditors were in the city in
person or represented by ~attorneys). that
the commissions and claims for extraordl-
: nary services on the part of the admins
traitor were correct and proper and that the
entire account as filed was entitled to be
approved and was approved.
Differences of opinion may exist as to
what are and what are not reasonable ex-
penses Of administration OF estates; differ
snces of opinion may exist and arc likely
10 exist as to tho RESPONSIVENESS Of an at
%torney's fee, especially if there be no evil
dsnce addueed on tho subject BY those who
are best able to Judge, but there is not the
basis for a surmlse or suspicion but that
every act done by his attorneys in the set
Element Of the estate, (and / am sure l can
confidently speak for the attorneys who as
sisted in the settlement of other %estates)
was conducted lawfully, above board, and
with q view to promote substantial jus.
tice. :,
IA portion only Of the labors of any suit
or probate proceeding is exhibited by the
papers actually filed in court. Whatever
charges we're made for SERVICES in any es-
tate with which 7 OF my firm had any con-
nection, were made because we considered
them a reasonable compensation for ser
vices performed; and they were reasonable
when charged, reasonable in the Judgment
OF the court whoa allowed; and with all
due respeet to the opinion of the grand
iury. moving as / do moro Intimately than
they had any means Of knowing the labors
involved. it is my opinion still that they
were reasonable.
''Thars are other considerations which
present themselves and might properly be
mentioned in this connection. The ques-
ton is being asked, and may we'll be asked
by all thoughtful men, by what authority
known to the law is it that a grand jury
NAV make what 1t sees fit to
make in a report regarding the conduct of
individuals whose conduct it has investi-
gated. That authority did not exist at
common law, nor do | think it is conferred
or implied by statute. Sec. l43 of Grim.
Prac. Act, plainly prescribes and ia the
only section that does prescribe the charac.
ter of returns made by the grand jury; and
there it is plain that they shall be by in
dictment. True its duty is defined in Sec.
149, and mention il there made among
other things that they should inquire into
public officers: but does this imply that ON
failing to find an Indictment against mem
beers of school boards for instance, they
have authority to say in their report what
they please rejecting upon these officers:
Sec. l4:3 prescribes that they shall inquire
into all public Offices, and examine the
cases of all persons bound over or In jail.
but does this imply authority on failing tc
find an indictment, to say what theJ
please in their report reflect
ing upon the conduct of those
private persons whom they have investi-
gated? IL there any reason why they car
thus reflect III thor report upon d man be-
cause he happens to be a county or school
district official. and not have equal power
to reflect upon a private individual! The
basis of Authority in ouch case is tho same
Deep down in the foundations of the law
which made g grand jury possible, is the
principal immortal in jurisprudence that
ali men are presumed innocent unit prov
en- guilty, AID that every nun shall have
an opportunity to be heard. An indlct,
ment may bo Il disgrace and a calamity tx
flee and hide AWAY from. but under some
circumstances it may be considered by tht
defendant us u boon and a blessing. Al
indictment no can fight, he can mount thu
platform of r public trial and be heard be.
fore a jury of his own citizens. and if no il
innocent the community will know it from
the publicity and the legal sanction and re,
spect afforded by the trial and it's results,
But when & jury IN Its published report
finds all but q formal indictment, how car
the person thus reflected upon be heard
how may be be justified, how may the
public know his side of the case? In nc
adequate manner. His only recourse is tc
hire a column in pIblla prints. OF in lieu oil
that, bear sllently the stigma which tim
can never thoroughly etface, trusting thai
the sober, thoughtful men in tho com
%munity, whose opinion he most reveres
will consider, perhaps. that the reiec-
lions were likely made on u partial and OK
parte hearing, and that he has been afforde,
defence.
II desire to disavow any feeling tovar,
the grand jury, except those of the kindes
respect. 1t WAS comprised of honest, cor
petent and highly respected citizens. Som
of them / am glad to feel are my war;
personal friends. / c~riticise not them, BIZ
the precedent which seems in some way t
have been unwiaely established, in tn:
jurlsdletion only go far MS | am informed
and by them followed az a matter of cours.
thank the court for its kind indulgene
] might say much more, but in justice
all concerned l could say nothing less.
IN THE COURTS.