Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-01-22

max yesterday afternoon, but the cooler
heads advised that no radical steps
should be taken or an open revolt start
ed until legal advice could be had.
The anything but pleasant state of
mind of the jurors was brought about
by County Attorney Duffy refusing to al
low all jurors residing within ten miles
OF the court house any pay except when
they are empannelled in cases actually
on trial. The Jurors believe this ruling
is great injustice. for the reason that
1t is loss of time and money to them to
report to the court house every day,
which they are required to da whether
empannelled in a case or not.
The county attorney has come in for
a good share of the abuse from the dis
satisfied jurors who declare the whole
thing is only put up job, that jurors
who had served during previous terms of
court received cOmpensa ton for their
time and now they see no rerason why
they should not be treated in like man
ner One juror was SO mean yesterday
as to assert that fees We're denied him.
self and colleague simply to allow the
county attorneys office to get the rake
Off" but this was silly talk, the gen.
tleman forgetting that the clerk of the
court must keep correct account of all
orders drawn on the county treasurer for
services of this kind.
County Attorney Duffy. when seen last
evening said he agreed with the jurors
that it was an outrage that they should
be denied pay for their time. ut is not
right" he said. "but the law is very
plain on that point and it is on the sta
tute books simply because the last legis-
lature did not make any changes of any
consequence in the law enacted in 1885,"
The amended law. enacted March Bird.
1899, and which repeats any previous acts
in conflict reads as follows:
Except as hereinafter provider. jur-
or must be paid for each days attendance
for the time session for which he was
summoned until excused.
He must not receive any compensation
for Sundays or legal holidays and a jur-
or who resides within ten miles from the
county seat must not receive any COM
pensatiOn for any day when the court is
not actually in session. or if in session, is
engaged in the trial of case in which
the juror is not empannelled. or is engag-
ed in other business and the juror has
been temporarily excused from attend
ance on court:
provided, however. that in counties of
the first class juror must be paid for
each days attendance for the entire term
session or period for which he has been
summoned or until excused except that
he must not receive compensation for
Sunday or legal holidays
Deer Lodge is county of the fifth
class SO the last provision of the amend
ed law does not apply here.
Some Anaconda attorneys say the true
Interpretation of the law regarding the
compensation of juors has been gener-
ally disregarded by every court in the
state, everyone admitting it's unfarness.
The matter never caused any trouble
in this county before.
Shortly before the district court was
called to order this morning County At
torney Duffy waited upon by
number of the dissatis jurors, who
had previously been instructed by other
legal advisors to make a demand upon |
the county attorney for their pay.
Mr.. Duffy replied that he would do all
in his power to assist them and when
the court opened he made an address
pointing out to the court the imperfec-
tionS of the law and made a motion that
the clerk of the court be instructed to
pay the jurors residing within the radius
was made by Judge Napton in the mat
ter.
The affair was finally settled in this
matter so that the wheels of the court
would not be blocked during the term.
The jurors agreed to serve out the bal
ance of the term and then. if other pro-
visions are not made, they will make
a demand for the money which they
think is due them and if it is refused
they will then institute a suit in order to
test the constitutionality of the law by
carrying the matter on up to the
supreme court
The injustice of the present law is ex-
emplified by the fact that some of the
jurors summoned on the last venire are
employed at the smelters at wages which
range from So and upwards. While at
tending court they lose what they are
accustomed to drawing while at work
and in that way a hardship is worked
upon them.
1.-THE BELLE"