The circle banner. [volume] (Circle, Mont.) 1914-1939, 1922-08-11

account of the mass of work to be
done. Inevitably a lot of conflicting
decisions will be rendered under this
system. In few years the laws of
state get so tangled up that litiga-
tion is enormously increased, and a
still greater burden thrown on it's
supreme court The hurry and lack
of care used in rendering the orig
inal decision therefore delays justice
instead of expediting it, And worse
yet, the people of the state labor I'M
der the great disadvantage of not
knowing what the law is Nothing
h1nders progress and development
like having laws that are uncertain
and conflicting.
System of the Court
Twenty-four years ago the Mon
tana supreme court adopted the sys-
tenn which has kept its decisions as
straight as string during all that
time. After a case is argued the
chief justice assigns it to one of the
judges who makes detailed exam
ination of the evidence, the briefs
of the lawyers, the authorities cited
by them, and all other authorities he
can find in the library Meanwhile
the other judges familiarize them
selves generally with the law and the
facts in the case. When the judge
in charge has completed his investi-
cations, the court is convened in
chambers and he makes them a de-
tailed report. A discussion is then
had, sometimes lasting for days, and
If majority agree with the Judge
n ab Of h f, inc
ed to prepare a rough draft of an
opinion. When completed this opin-
ion is again taken up in conference
and thoroughly discussed. A vote is
then taken, and If favored by ma
jority the opinion is adopted and the
Judge instructed to write the formal
opinion. This is again taken UP in
and possibly changed or
corrected, and is then signed by the
members of the court and becomes
The law of the land.
The thoroughness of this method
IS largely responsible for the wonder
ful clearness and consistency of Mon
.ana's supreme court decisions. While
It takes little longer than a hurley
hurley hit or miss system, in the end
t results in speedier justice, less liti-
cation and untold benefits to the peo-
pie of the state.
The marvellous transformation of
Montana from mining and livestock
'tate ten years ago, into a dry land
empire with populous benches, thou
ands of new communities and hun
ireds of new towns today, has thrown
sudden and tremendous burden on
ur supreme court
Volume after volume of new stat
ties have been enacted by our legis-
atures. New laws and new condi-
ions have resulted in vast amount
# new litigation which had to be
arried to the supreme court before
eople knew exactly what the law
vas. The three justices cut short
heir vacations, worked nights and
olidays, and even jeopardized their
ealth, trying to keep ahead of the
lood of new lawsuits Like heroes
hey stuck to the thorough painstak-
lg system of handling cases which
aused them so much additional work
ut had made the court of such great
ervice to the people and it's record
D famous among lawyers throughout
ne nation.
The legislature finally came to
heir rescue in 1919 and enlarged the
ourt from three to five members.
ven this could not stem the tide, so
lie legislature provided for three
and with their help
lie court is now practically caught
p on its calendar. The flood of law
tits resulting from new conditions
expected to abate from now on, as
lie law becomes settled on question
tier question, and the services of
lie commissioners will probably not
: needed after this year.