The Madisonian. (Virginia City, Mont.) 1873-1915, 1895-01-26
Ube Ma0isonian.
NEEDED LEGISLATION.

We are unable to say: we hope not.
Montana is entitled to a little work
and common sense from this legisla-
ture.
Now that the senatorial question is
setted. the legislators seem to be vying
with one another in introducing a
multiplicity of bills and this. too, when
the state has been to the heavy ex-
pense of employing a code commission
which has framed a code civil pro-
cedure penal. civil. and political,
and has printed a large number of
copies OF the same.
We think the legislature should first
turn it's attention to the code. It has
been framed by three able e one a
former governor Of Montana. one a
former chief Justice and the third an
able lawyer.
Certainly the state is entitled to have
the code examined and. if worthy of
adoption. adopted. 1t is true that there
are some objectionable features in the
code: these provisions should be amend
cd. The only practicable way to settle
this matter, is to pass the code as a
whOle.to axe effect upon a day certain:
then pass such amendments as are nee
essry to take effect at. say. d day later:
the whole may be printed at the same
time, thus giving us a uniform set of
laws, repeating all former ones. The
laws of Montana. as enacted. and
amended, re-enacted, repealed. and
what not. are in a state of chaos. Their
most intimate acquaintance, knows:
little of them. Some of the statutes
are Ineligible. but what the Laws of
Montana" are, nobody knows.
Some excellent suggestions have
been made by different persons. and
whether or not the code is enacted
there are some changes that should be
made.
For instance. an act should be passed
defining the powers Of clerks of the
district court in vacation: the law of
1891 has been declared demonstrations
al, in part, by the supreme court,
leaving the matter in the dark. 1t is
impossible for the judge of the district
court to look carefully into matters of
probate. He can, at best, give these
matters a cursory inspection. If he
were to attend to probate business. as
the law contemplates. he would not
have time enough to attend to more
than n county. In the fifth district.
there are three: in some districts -four
on five: the Legislature. p~erceiving this.
passed a law giving clerks
certain powers in matters of
probate, with the result before
mentioned.
Considerabletalk. together with the
Introduction of many bills, concerning
county division, have been INDUCED in.
We think there are too many counties
already. When these new counties are
created in f~urtherance of schemes of
townsite boomers al the ambitious
prospective county seats, taxes
Jump from rs or Is millstO %, 30
and ever 30 mills.
Montana will have some bankrupt
counties if this foolishness continues.
and it must be remembered that every
new county adds additional expense TO
the state.
1t has been repeatedly pointed
out to us that the state is annually pay
no n11f ha+Y-aor 80 ll0 -, G 4 snn -
preme court reporter. whose duties are
TO have printed the decisions of the SUI
prepe court. The judges writes their
opinions. the reporter prepares a svlla-
bus TO- each case, (which of right should
be written by the judge delivering the
opinion an index. and draws his salary
in ~eXoshitant fees. The clerk Of the
supreme court could do all the work-he
does a great deal OF itnow-for $500 per
year. and he is the proper person to do
IT. The state can get the reports
printed for A reasonable figure and by
aoollshing tie office of supreme court
reporter save from s.. 600 to S.. $50 per
year. Abolish the nuisance.
Laws should Re passed. making adnl-
try and seduction under promise Of
marriage punishable by Imprisonment
in the ~penitentiary. A great many
states have such laws at the present
time and profit thereby.
A an excellent measure that has been
proposed is.a law creating the Office of