The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-01-03

'itS NooS Aii. AN'i'''i N''''H' tt'e>AAeAOii
to the lack of an appeal from the ord
er of district court on writs of
habeas corpus and to the fact that .
the supreme court declared this a fit /
subject for the exercise of the super
visory control over the lower courts |
vested in it by the constitution. He
urges that some legislation should |
be enacted to make definite the
course of procedure where this sup
ervisory writ may be applied.
Detailed reports from the several
county attorneys are given as to the
disposition of cases during the year.
This shows that in Lewis and Clarke
county during the >scal year 1900
there were filed seventy-seven infor-
nations. Among these there were
fifty convictions, one acquittal, seven
teen dismissals, one accused was
found insane, and eight cases are
still pending. OF civil cases, one
was dismissed, one lost and four won,
while one summons and writ was re-
turned without service. Five cases
came up on appeal from justices of
the peace.
At the invitation of Mr. Nolan, sew
eral county attorneys make recon-
mendations as to the amendments in
the law. w. j. tombstone of yell
lowstone county, suggests that wit
nesses in criminal cases in Justice
courts and at coroners inquests be
paid mileage and witness fees, partic
ularly mileage, for where they have
long distances to travel in sparsely
settled counties to answer subpoe
mas, it is equivalent to taking mans
property without compensation to
compel him to do SO for nothing.
e. M. Hall, of Sweet Grass coun-
ty, suggests that a fixed time should
be established within which justice
a person is bound over to the dis
trict court, as the expression with
out delay used in the law is too in
definite. He also proposes that JUS
tees should be required to pay to the
county treasurer at the ned of each
month all fines collected during the
port to the county commissioners,
giving detailed statement of the
fines collected and fees charged to
the county. He thinks too much
latitude is allowed to justices who
may wish to profit by it, especially as
no bonds are required of them
j. B. PoindeXter or Beaverhead
county, says:
II believe that there should be
some provision in the law permitting
an appeal on the part of the state to
| try the courts instructions. AS the
matter now stands, the court may
take an erroneous view of the law in
his instruction, and the result is an
acquittal; and he probably goes or,
in each subsequent similar case, hold
ing the same way with the same re-
suits. If the state were permitted
to appeal and have the error pointed
out it would probably secure a better
enforcement of the law. 1t would
give us poor devils of county attor-
neys some show
Mr.. PoindeXter goes on to urge that
there should be an appeal on behalf
of the state in habeas corpus cases
when the prisoner is discharged, bail
to be allowed and a stay of proceed
ings granted pending appeal. He pro
poses that appeals and jury trials
should be allowed in contempt cases
where the contempt is not committed
in presence of the court. He favors
allowing ten cents mileage, but nc
courts, as it is Il great hardship tt
thcmto pay their own expenses fol
the public benefit. He adds:
Il have frequently refused to brins
cases where witnesses would be pu
to this tax believing it better that tn,
offense should pass unnoticed thai
that innocent persons should be made
to suffer on account of it,
He says the law should be mad,
to show clearly that no money is t,
be paid out except on the order o
the Judge of the district court, an,
that witnesses should be requisite,
, to attend outside their county oni.
on the order of district or suprem
: court judge. He says the section
in question can be so construed as t
allow money to be paid on order
from justices, and that it was trie,
in his county but the people woul
4 not stand it.
The attorney general gives a syl
opsis of opinions given during tn
+ last two years and although he oni
devotes from one to six lines. the