The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-26
AS TO TTEE CODE
To the Editor Of the Standard:

To the Editor Of the Standard:
The fourth legislative assembly of Mon
tana has confronting it one of the most
important duties which can ever devolve
upon the law making powers of any state
the adoption of n systematic code of
laws. The leg slative assembly in 1889
provided for the appointment of n COM
mission to codify the criminal and civil
law and procedure and to revise, complete
and arrange the statute laws of Montana.
Tho commission which was appointed
consists of Hons. ID. ). Wade, f. w. Cole
and b. II. Carpenter. They submitted
their report Feb. 4, 1892, but the third
legislative assembly did not find oppor-
tunity TO consider the matter and the
work was left to the present session. The
benefits of codiflcation are conceded by
ali however much individuals may differ
as to the ACCESSIBILITY of certain laws.
The report of the commissioners is en-
bodied IN four distinct codes, the political.
the criminal, the civil and the codes of
civil procedure. Each is printed separa-
tcly, and with a separate index, although
it is designed that they shall all be bound
in one volume with a comprehensive in
deN covering all.
The extent of the undertaking is shown
by the fact that the codes contain more
than 10000 sections. The first question
that has arisen is as to the method of
adoption, some favoring an examination of
the work section by section until il con-
forms TO the legislative will and then to
have it adopted, but the plan which at
this time seems to meet with general
favor, is to first pass the codes as recon-
mended by the commission aad then TO
proceed to correct by amendment or substi-
tuition any of its Objectionable features.
The latter plan is endorsed by most of the
Judges of the state. by the state board
association and by lawyers generally.
The codes have already been introduced
in the lower house and referred to the
proper committees in that body and it is
believed that with the two changes which
l will refer to hereafter the adoption of
the codes as submitted by the commits
sioners will be recommended by the house
committees.
The changes proposed by the codes
which have met the greatest opposition
are: FIrst-The provisions of the chap
ter on private corporations, under which
corporations organized for purposes of
ordinary trading and mercantile business
are not authorized or permitted; the code
providing that all such corporations now
in existence shall be Immediately dis
solved and the directors thereof required
TO settle all matters connected Herewith,
and in case they fail to do so the attorney
general shall proceed against such corpor-
atoms 10y quo warranto proceedings,
which are fully defined in the code of civil
procedure.
The second change which is provoking
cons derable discussion, arises in the
penal code which prohibits gambling and
provides for the punishment of every per-
son who deals, plays, carries on, opens, or
causes to be opened any game of chance,
by n fine not less than $3.50 and not to en-
coed 81 600. The statute also makes the
owner of building guilty who knowingly
permits gambling TO be carried on therein
The opposition TO the above changes is
said TO he very strong, and for fear that
they will endanGcr the passage of the
codes il is probable that the code commit
tee of the house will recommend the ex-
istIng chapters on private corporations
and gambling to be substituted for the
chapters on the same subjects in the pro-
posed codes. and then the codes as thus
amended to be adopted, subject to what
ever amendments may be thereafter pro-
posed 10y this legislature.
The objection urged against the other
plan Is that If the amendments and
changes are first presented and the entire
code gone over section hy section. that the
time prescribed Toy the constitution for
the session of the legislature will prove
insufficient for the great work.
The matter IN which tho general public
has the greatest interest, Is the extent 10