The Bozeman courier., 1927-12-16
EFFORT MADE 1M 1889 TO HAVE
ONE JUDGE FOR EACH COUNTY

~HEN Montana's state constitution
N/ was written at the convention
Wv held in Helena in the summer Of
1889 there was considerable de-
bate on the question OF the number OF
judicial districts the new state should
have. Some of the delegates wanted
each county to be a judicial district,
while others believed that justice could
as well be served and taxpayers money
saved if the districts were arranged on
the basis of population, with two or
three Of the more sparsely populated
counties grouped together
The report of the committee on judi
ciary, Of which William w. Dixon, lawyer
and a democrat, of Silver Bow county,
was chairman, reported II districts. This
was a compromise between those who
wanted only eight and those who were
clamOring for 16-the number OF coun-
ties in the territory at the time.
An entire day-July 24-was spent in
debating the question on the floor Of
| the convention, with the advocates Of
eight judicial districts winning out. These
districts were agreed upon as follows:
| First, Lewis and Clark county; second,
/ Silver Bow; third, Deer Lodge; fourth,
Missoula; fifth, Beaverhead, Jefferson
and Madison; sixth Gallatin, Park and
} Meagher; seventh, Yellowstone, Custer
and Dawson; eighth, Chouteau, Cascade
and Fergus.
4
islature could rearranga, te3U"e or en-
large these districts ys cocess4t- de-
Now Have 20 District,
Today the Sc counties Cl Montana are
grouped in 20 judicial districta IT, ~
, the districts-the second (Silvs4 E,Sw
Z, and the fourth (Lake, Mineral, AZ sGnla
, RavaIli and Sanders) have three >Nages
each. Five districts have two t4c .es
each. These are: First Lewis and e az. ;,
fifth (Beaverhead, Jefferson and Ma, /"
5 SOM, eighth (Cascade), tenth Fergus
Judith Basin and Petroleum., thirteenth
carbon, Big Horn anG YelloWstone)
Three Of the present-day judges were
members of the constitutional conven-
' tion in 1889: Judge George B. Winston
) of the third district; Judge Charles 5
' Hartman of the twelfth district, anc
Judge o. z. Goddard Of the thirteenth
S district.
Two amendments to the proposal tx
create II judicial districts were exten
4 sively debated in the constitutional con
vention. The first of these, offered b!
Timothy E. Collins (democrat) Of Cas-
: cade county, would have increased th'
number to 16 districts-one for eacl
! county. The other, offered by DR.. VIII
liam Parberry (democrat) Of Meaghe
county, sought to reduce the numbe
to eight. 1t was DR.. Parberry's that pre-
vailed.
! .'The committee on Judiciary had pro
vided - districts. I thought that II tn
committee, in their wisdom, saw Mt tt
divide this great state into II districts
q that it would be in the interest Of goot
= government, and in the interest Of eco
!. nomical government that four more dis
Y tricts should be created, and that eacl
0 county should be made a district. 1 be
lieve so still. believe that if you divid
q this state into II districts, it should b
divided into a district for each count
e in the territory. believe, if that is you
: policy, that in doing away with the OF
5. flee of probate judge and the clerk G
a that court, and the eXtortionate fees fo
r probate and civil business in that cour
that it will be economy to make foU
q more judicial districts. The cost Of tn
present system, with even IL district
n amounts to about $4,000. Make foU
x more districts and it will amount
81 about 100000. That is an enormous SUI
!, of money, and if any gentleman in thi
Il body will propose an amendment cor
solidating those districts into six or seve
or eight, will be willing and happy
n withdraw my amendment; but If 20
l. divide them into - districts, I say
le should be divided into 16, and give eac
o. county separate district"
,e Parberry Offers Amendment
10 This amendment was supported in
Iu4h ny Ass WAAA1CA4AA AAs
he publican), a lawyer from Deer Lode
~ county, who said he could see no obje'
N ton to 16 districts unless it would
ce incurr:ng too much expense, which /
D. placed at $4,000. He pointed out, hov
r ever, that under the territorial systel
IN there We're 16 probate judges and fol
d. district judges; whereas, the Collin
m amendment provided for 10 distrt
II. judges and three supreme court Judge
a. and no probate judges. He referred
lis the California constitution which pr
vided one judge for each county. If '
be are to have a good judicial system"
ir. said, II believe in making it so tb
ut litigants in each county can be just
er represented"
Mr.. Whitehill said that when two coul
7" ties Of about equal strength were groups
in a judicial district they frequent
nd were deadlocked as to which cOun
in should have the judge.
by It was at this point that DR.. Parber
OK offered his amendment which provid
a for eight judicial districts. It had be-
os, agreed that district judges should recei
on IS, 900 annually.
to IF can have the same service dor
ed and done right, for 1000 that I G.
have done for 50 900, I certainly Wou
do it" said DR.. Parberry. Il am perfect
satisfied that three Of the smaller cou
er, ties can be united in one judicial d
in trict."
mt 1t had been proposed in the judicis
in Commuters report that one-half Of {
ed judges salary IN each county would
en paid by the state. Mr.. Whitehill had su
ported this provision IN his talk. citi