The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1910-12-22
An Open Letter.
EDITOR ENTERPRISE

LD1IOR ENIEkfRlSE.-
Recent events in Malta have called
attention to the proceedings of the
town council, and as there is much
misunderstanding as to the ordinan.
ces under which we live, allow me a
! few remarks.
Under the law of the land every one
accused Of all otIense is entitled to a
trial by jury. The Montana supreme
court has decided that this constitu-
tional right does not exist in a police
court. Hence no one can claim, as of
right, a jury in u police court. In
some municipalities ordinances exist
giving TINS right, and where it is
given, OF course every citizen is en-
| titled to it. Such is the case in Malta.
Section tnree of ordinance number
suit prosecuted under the ordinances
OF said town, either party demanding
4 trial by jury snail before a yenire
is issued advance the fees of such
jury, and the magistrate trying the
action shall render Judgment III ac-
cOrdance with the verdict OF SUCH
jury"
Ihis provision of the ordinance is
the only safeguard any citizen has
against being raiIroaued to jalI.
" lthout this prOylsiou, Il man could
be taken into the police court
charged with the violation Of an or
dinance, and fined or imprisoned at
the Wilm OF the magistrate, Wno-
ever the magistrate might Ut. NO
citizen, unless he be one of the
favored few with II 'puli." would be
safe.
1t is openly reported that the
council intends to repeal this p1o-
vision for jury. If they do, and the
! citizens of this town remain silent,
they should take their medicine
wlthont making a wry face when
their turn comes to stahd before the
court. Ine cOuncilmen are but your
representative and mine, and Wig
| orous protest should be madeto them
personally not to deprive us of a jury
trial. Pump it iutO them hot, ana
| ii they ignore our right of protest,
see that they are fired in disgrace.
Another suggestion is that the
| council take our citizens into their
confidence. Heretofore the council
| nas proceeded without any recogni-
uloh Of the rights Of the community,
| md We're we inclined to be critical, it
| night be said that they act upon the
assumption that council business
should be transacted in a private
office and in secret. Why does not
! Ghe council do business open and
above board? Why do not the coun-
cllmen let the people who foot the
bills know what they are doing or
contemplate doing? Next year an
additional burden will he placed
upon us all by way of taxation for
w " "A pNA RooCCs " Q "OuuCl IL " Z
mere citizens will be allowed to say
anything about it? Why don't the
council spend some of the town
money in properly advertising the
ordinances, SO that all may read
them? /. Why DON'T arrange for the
publication of it's official proceedings,
so that the public may know what is
going on? Haven't they the money?
If not, what has become of all of it?
Are they spending it all for salaries?
If SO, we had better disincor porate.
! These suggestions are not meant in
a spirit of unfriendly criticism, but
for the purpose of asserting rights
which the council has ignored. 1t is
time for them to get down off their
high perch and show respect for us
common folks.
n