The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-08-18
STATE SUPREME COURT; LITTLE KNOWN
IN MONTANA, But NATIONALLY FAMOUS

account Of the mass of work to be
done. Inevitably lot of conflicting
decisions will be rendered under this
q state get 50 tangled up that litiga-
ton IL enormously increased, and Z
still greater burden thrown ON its
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 UNI
der the great disadvantage of not
knowing what the law is. Nothing
binders 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 q string during all that
time. After q case is argued the
chief justice assigns 1t 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
in charge of the case, he is instruct
ed to prepare 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
conference 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
full clearness and consistency of Mon
tana's supreme court decisions. While
It takes little longer than hurley
hurley hit or miss system, in the end
1t 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
state ten years ago, into dry land
empire with populous benches, thou
sands of new communities and hum
dreds of new towns today, has thrown
a sudden and tremendous burden ON
our supreme court.
Volume after volume of new stat
utes have been enacted by our legis-
latures. New laws and new condi-
lions have resulted in vast amount
Of new litigation which had to be
carried to the supreme court before
people knew exactly what the law
was. The three justices cut short
their vacations, worked nights and
holidays, and even jeopardized their
health, trying to keep ahead Of the
flood of new lawsuits. Like heroes
they stuck to the thorough painstak-
ing system of handling cases which
caused them so much additional work
but had made the court of such great
service to the people and its record
50 famous among lawyers throughout
the nation.
The legislature finally came to
their rescue in 1919 and enlarged the
court from three to five members.
Even this could not stem the tide, so
the legislature provided for three
commissioners, and with their help
the court is now practically caught
up on its calendar. The flood Of law
suits resulting from new conditions
Is expected to abate from now ON, as
the law becomes settled on question
after question, and the services of
the commissioners will probably not
be needed after this year.