Year: 1868

a notable piece of legislation, remark
able both for originality and fairness, is
found in the first section of the "act
providing for the payment of jurors,
witnesses and officers in Montana Terri


tory" passed by the last Legislature.
That it may not be lost To the people,


who possibly may never have occasion


To examine our statutes we insert it


here at full length:


SEC. 1. No security for costs nor de-
posit OF any money shall be required by
any Justice of the Peace or other officer


witness or juror. except as provided in


this act, nor shall they refuse TO act


Now. the act makes no provisions for


the payment of Justices or Clerk s fees.
nor witnesses, except they are sum
moned from another county than the
place OF trial, yet they cannot demand
security nor deposits, bu: must act with
out any, in case it is required by the
person making application for their ser
vices, This act, at the time of its pas
sage, was intended especially for the
Clerks Of the District Court, who bap-
pened 20 belong to the party not in
power. We cite il as an instance of
Democratic fairness By reference TO
the lee bill 10 will be seen that the ser
vices OF the Clerk ara paid in small
amounts, as a suit progresses. IL he il
deprived of the power TO collect them.
aud obliged 10 perform the services, his


T.


and he is compelled TO take the risk of
an ultimate collection oil his lesr after a
suit is in a Judgment Ia many cases
This involves Lwu or three years delay,
and il often happens in this Territory
that. at the time of the rendition of
Judgment one. and sometimes beth par-
ties have lett the Territory. Tho Clerk
is rrmediless They have mad his SER
vices, used his blanks. and he has no
means of obtaining payment because
OF AN unjust law, which, while il com
PEELED him TO act, denied 10 him the
means OF obtaining his tees. The law
is a libel upon the people of the Terri
tory. They certainly aid not elect the
last Assembly 10 perform such an act ot
Wholesale Injustice. The Territorial and
County officers suffer no such wrong
Their salaries and fees are protected 10y
law. but here is class of officers who
have equally important and more labO-
rious duties TO perform, who are lett en-
tirely TO the caprices of those who EN-
ploy them. IL is we'll understood that
the last Legislature, sInarting under the
law, assembled with s. de-
termination of venting their rage upon
the party which procured its passage.
Hence the Justice of the Peace and
Clerks OF the Courts We're singled out
as victims of special vengeance, and this
piece of legislative oppression cODcocted
as the most ready means for carrying
this design into effect. To be sure, two
of the Judges came in for share of
spleen, but il all only served to show how
capablea body of incapable men were OF
resorting to low and unprincipled means
to crafty personal malignity. A few
felt the conduct as an indig-
nifty to themselves, and spurned ii with
the contempt it merited. The people
disapproved of it, we'll knows
ing that the result of that vindictive-
ness which prompted the act, would sur
vive the causes in which il originated
TO shame and disgrace those who en-
ployed it. We therefore mention it,
not as a charge against the democratic
party, but as against the imbecile ma
ority in the Legislature, who were will
ing to stain the pages of the statutes
with il. There il stands, a burning
and lasting disgrace to them an act of
high handed. unprecedented imposition,
which will outlive all the disputes and
difficulties of the day, and cause those
who afterwards have occasion to exam-
inc our laws, to wonder what kind of
men those were who voted for such a
shameless law. In all the legislation
we have seen. this is the first instance
where personal malice and personal in
significance, seemingly strove to out do
Zach other, and where both were made
20 conspicuous by the bitterness of strife.


THE Gazette of yesterday shutters an