Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-01
MONTANA SUPREME COURT.

and PATRIOTISM or the STATE. I-NSiS
chapter. section and line of that instru-
ment was exhaustvely considered and
freely and fully debated The powers |
of that body under the enabling act |
were exercised with a solemn sense of /
responsibility the loftiest patriotism. the !
Wisest care for the future. The presi- |
dent of the convention, Hon w. a. /
Clark at the time of it's adjournment, /
called attention to the harmony and !
fraternity which had characterized its
deliberations, to the entire absence of
party feeling. to the great love Of Mon |
tana which seemed to dictate every act
of the convention in the performance of
its duty.
1t was a significant and remarkable
fact he said. that such were the unity
and good feeling among the members
that not once during the entire session
was an appeal taken from the decision
of the chair, nor was there any moment
when the relations of the members With
one another were strained on the score
of politics. personality, sectionalism. re-
lgion or other common subject of con-
tention. When the constitution was per-
fected and submitted to the people for
approval. it was a complete instrument
as far as human foresight and patri-
otism could make it. 1t was the product
of the best ability of the state repre-
sentng all classes, all sections and all
occupations 1t was ratified by the peo-
MI Wit Wi
ship, and with sole regard to
it's public benefits. The provision
relating to the organization of the SUI
preme court was thoroughly debated
and adopted without dissension or mis-
giving as to the future. The convention
realized that court of three judges
would be large enough to transact the
normal business of the state and that
the expense of such court would prove
neither excessive nor burdensome. Since
statehood was achieved there have been
times when the business of the court,
owing to abnormal and temporary con-
ditions, accumulated to some extent, but
at no time have the interests of liti-
giants suffered. at no time have the
judges asked for help, at no time have
the people believed any occasion existed
for the enlargement of the court. 1t
was generally recognized that the need
of such enlargement could not for many
years be permanent and that if once
the extra burden We're fastened upon
the taxpayers they could never again
hope for it's removal This being a
young state with urgent use for every
dollar of it's public revenues and de-
sire to invite the immigration of home
seekers under promise of low taxes
and good government, it was felt that
no occasion existed for providing fat
jobs for useless public officials and this
idea had weight with every succeeding
legislature. If public money is to be
expended for official salaries. let it GO
to insure greater ability and character
in positions already created rather than
to the multiplication of unnecessary of
fees to maintain idlers in public places
a public expense.
Respecting the reported desire of sew.
eral members of the legislature to ado
court, the Inter Mountain does no
hesitate to say that a candid investiga
ton of the merits of such proposition
will result in speedily changing thei
view. It is not in evidence that an,
interest in this state is now suffering
from delay in the supreme court.
If the present legislative assembl.
should make provision for two addition
al judges, succeeding legislatures nigh
conceive it necessary to repeat the per
Torrance, until finally the states aug
ust tribunal would be more remarkabl
for size than for wisdom, and more o
a burden to the taxpayers than al
agency for the promotion of justice t.
litigants.
1t cannot be that politics has anything
to do with the alleged desire for an in
two of the three eminent jurists now o
the bench are in political sympathy wit
the legislative majority.
1t cannot be that sectionalism ha
anything to do with the movement, fo
geographically, the justices could not
more fairly distributed, one being froI
the east, one from the north, and on
from the southwest portion of the stat
It cannot be that the judges are over
worked or that litigants are sufferin
from delay, for there has been no con
p2aint on either subject.
II cannot be that on the score of leg;
knowledge, high character and loft
conception of public duty on the pan
e the eminent jurists who now con
nope the court that it's reorganization
lnelred. for 1t is universally concede
nat no state in the union has an able