The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-02-15
Amendment 10 the Codes Proposed by
Members Of the Legal Profession.
SOME OF THE MAIN POINTS
Aims of the Several Ellis Sub
mitted to the Judiciary Com
mittee-To Hight Clar-
ing Defects.
sreeIal pIspateh 10 thc standard.

GARY committee bN the Montana BdT
association and by members of the le-
gal profession throughout the state. OF
those suggested by the State Bar asso-
citation. perhaps the most important are
the bills which seek To amend sections
1915. 1862 $3.50. and 1850 of the code OF
civil procedure. Section 1915 relates To
the life of civil judgments and pro-
vides that I'm all cases Judgment may
be enforced or carried into execution
after the lapse OF six years from the
date OF its entry" by special supple
mental proceedings. This would seem
To imply thatno limit Is placed upon the
life of Judgment, and IL deemed .un-
just. 1t is proposed To amend II by
adding after the words six years" the
words "and within ten years" This
bars any action upon a judgment after
ten years. Section 1862 defines who can
not be witnesses, and is amended by
adding 10 the list those persons who
have interest In "A claim against any
decedent, and with reference to facts
occurring in the life time of the dece-
dent. Sections $3.50 and 1860 are recom-
mended for amendment to provide Tor
the taking Of depositions In default
cases. As they now stand these sec
tions require service of notice upon the
defendant or his attorney. This Is often
quite impossible when the defendant
has not appeared and process has been
served by publication.
An important amendment. reported
by that committee and introduced by
one of its most active and energetic
members, Representative Clark of
Madison county, provides for tax up
on urect and collateral inheritanccs,
requests and devises, and VIII he, II IS
thought, n means of raising annually
several thousand dollars additional
revenue To the state.
Three bills introduced by Represen-
tative Langhorne of Lewis and Clarke
county and recommended by the ju-
dietary committee. provide system by
which foreign surety companies pos
sessing paid In capital OF $3.50. 900 or
more, can do business within this
state. During the session of 1898 n law
was passed providing a means for the
incorporation of such companies with
in this state, and their acceptance as
sureties upon all bonds and obligations
due To- the state or To any public OFF,
cial. This measure is still g law hav-
ing become a part of the codes. but IL
provides for "A paid up capital OF $4,000
This is considered as low as the inter-
ests of safety and responsibility Will
permit, and yet no surety company has
been organized within the state during
these years. Hence. these measures
have been introduced. and II is hoped
by many members of the committee
that the same may he enacted into law.
II is claimed that two or three worthy
and responsible surety companies or
ganized under the laws of eastern or
Pacific states will engage in the busi-
ness within Montana. IL laws Offering
them substantial announcement are
enacted. Then party of whom a bond
or obligation is required will be able tn
procure the same without embarrass-
ment both To himself and his friends
by requests OF such favor from them.
House bill No l56 amends sections
| of the political code relating tn the ex-
animation and commitment of insane
persons. and provides that the same
may be conducted by the chairman Of
the board OF county commissioners in
the absence of the district Judge: his
proceedings. however. To be confirmed
by the court at its next session. the
same as probate matters done in vaca-
tion. The bill, II passed. will favor
many counties throughout the state,
| who are now obliged To send perhaps
scores of miles for district Judge.
House bill No. 156 was also recon-
mended by the Montana Bar associa-
ton. IL provides for a constitutional
| amendment relative To justices of the
supreme court. and Is thought that IL
certainly should pass, IL provides that
| in ease one judge of the supreme court
| is disqualified to ait In any cause a dis
/ trict judge may be called.
House bill No. llj provides for the
approval of official bonds by the board
| of county commissioners. and meets
/ with favor among the representatives
| from the smaller counties for the same
| reason given in recommendation OF
! house bill No 1876.
/ House bills Nos. SO and 81, prepared
| by Representative Penwcll Of Lewis
and Clarke and Chairman Leehey OF
| the judiciary committee, provide a law
regulating the liability Of employers
for injuries caused To employees through
! the negligence of fellow servants. Per
haps the action of the judiciary com.
mittee upon this matter was hastcned
by the very pert note addressed tc
Chairman Leehey by n railroad mar
from one Of the Cow counties" II
read: III you fellows have read about
the Goodwell case and the CrIswel
case. why in hell don't you proceed tc
enact laws that will knock the fellow
| servant doctrine into cooked hat
House bill No. IA amends section 3i o
the code OF civil procedure relative To th'
admission 10 practice I'm this state of at
torneys at law from other states or coun
ties. II Is said that some young men o
/ Montana, who have failed to pass th'
rigid xamination required for admission
to the bar OF this state have gone int,
adjoining states where practically n,
qualification was required been there ad
mitted to practice and returned to thl,
state with the certificate. which. undei
the laws Of this state, the supreme cour
was bound 10 receive and accTedit. Thi
hill provides that in all such cases tn.
justices OF the supreme court may reauir'
either an examination or a certificate 1,
the effect that the applicant has beer
cngagod In practice for Ht least one year
Bills have been introduced and recon
mendcd by the Judiciary committee
amending sections Isl and lse OF the cod
of civil procedure. relating 10 private
business interest Of certain court ON
rIais. and providing that no justice OF tn
r,ace or constable shall engage In tn
collection business.
A Till has also passed the senate an,
bo,n favorably recommended by the JUN
,i8ry committee OF the house providing
Tor the repeal Of section sg5 Of the code o
civil procedure. This section provide
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