The Yazoo City Whig and political register. (Yazoo City, Miss.) 183?-1840, 1840-01-17

the several regiments. The total amount
of the cost of the books purchased, was sew
an hundred and ssveniy-three dollars and
eighty-seVen cents and respectfully request
on early appropriation to be made for the
payment of the account. This system is
highly approved and has been adopted by
many of our sister states. | am not aware
that Congress has prescribed any discipline
for training the militia of the several states.
and in order TO produce uniformity, in the
discipline of the militia IF this state, Recom-
mend the passage of law adopting Major
Cooper's book of discipline.
Ideem it my duty to call your attention
10 the Judicial legislation of several of our
courts In many cases parties are prohibit
ed from being heard by counsel in open
court, but are required by standing rules to
submit written arguments and briefs OF the
authorities relied upon. This precludes
reply to the arguments and authorities addu-
ced by the opposite party, and places 1t N
the power of the Judge TO overlook the adj
indications cited to the manifest injury OF
the suitors. 1t may well be questioned
whether several of their rules now in force
are not opposed to the spirit of the twenty
ninth section of the declaration of rights
A careful examination of the rules adopted
by the High Court of Errors and Appeals,
the Superior Court of Chancery and of the
several Circuit Courts, will enable you to
ascertain the extent of their departure from
the principles of the constitution and otcom-
mon right, and doubt not but that you will
remedy the evil.
An amendment of the several acts con-
corning last wills and testaments, the duties
ofexecutors. administrators and guardians
and the rights of orphans and other represen-
tatives of deceased persons is absolutely
necessary. Unless an appeal is taken in
very short period, the decision of the Probate
Court becomes final and cannot be review
ed in the Chancery Court or reversed by the
Appellate Court. The proceedings in the
Probate Court are generally exparte. and
great looseness prevails in the manner of
dispatching business. Too much power IS
given to the Judge in vacation, and in nu-
merous cases the securities of executors,
administrator and guardians, are utter
" insolyent when taken. To remedy the
latter evil, suggest the passage of a law re-
curing the Probate Judge, TO examine all
the securities proposed on oath, as to the
extent of their liabilities before receiy-
ing them, and that all the obligators should
sign the bond in his presence. Great diff
Guilty is found in sustaining actions on the
bonds ofexecutoEs, administrators and guar
dams; and further legislation is requisite,
defining more clearly, the remedy on such
instruments. The act approved February
90, 1925, makes it the duty of the probate
and county court OF each county in this
state, to recommend to the Governor as many
persons as they may deem necessary, who
shall be commissioned as auctiOneers; and
a subsequent act, requires such officers to
paw over to the tax collector one per cent.
on the whole amount of their sales. The |
probate and county court was abolished by |
the provisions of the revised constitution
and conceiving that there is no law now in
force authorising the appointment Of auc-
TONERS, am determined to commission no
more until provision is made by law for their
A great number of auction
GERS are now doing business under commits
sion5 granted many years since, and but
very few render any account of their sales,
Dr. pay over to the collector the tax required |
by law. Sales at auction are highly injurious
10 the regular merchant, and are not always
to the purchaser. Many ofthe ar
.icles sold are damaged and Of little value,
md frauds are frequently practiced. The
power Recommending auctioneers might
Iafely be vested in the boards ofpolce, and
t is worthy Of your consideration, whether
he tax on sales at auction should not be
increased, and a heavy penalty imposed
Ipon any auctioneer who fails to give in a
rue account Of his sales, and to pay over
he legal tax when demanded.
beg leave again TO call your attention to
he existing laws prescribing the duties of
he Auditor of Public Accounts, State Treas
Irer and Assessors and Collectors The law
rives to the Auditor control over the sinking
und as eof the commissioners; authorizes
i'm to collect the amounts due the sernin-
ry and 3 per cent fund, and gives him the
ontrol of the notes taken for the lots in the
lily of Jackson, sold by the State. The
fices of Auditor and Treasurer, were cFea-
ed in order that one might be a check upon
he other. Prudence requires, that the Au-
itor should not be authorised 10 receive
ne public dues, and that the Treasurer
lould be prohibited in all cases from re-
Giving the money Of the State, except on
le Auditors receipt warrant.
The people of the State in their revised Consti- T.
tion, provided for the election and appointment :
nearly every officer necessary to carry on the :
overnment, except Assessors of the revenue and ),
X collectors This omission would seem to in I
cate that the mode Of appointing those officers /
en- in existence; was satisfactory. The longI !
It of defaulters given in the Auditors report, and 4
9 immense amount ofarrearages remaining I'M !
I'D, shew that something is wrong in the present !,
stem. The Government cannot be supported ]
thout the prompt collection of taxes, and their :,
nctual payment into the public treasury 1t is !
trageous that taxes should be wrung from the i
I'd earnings of the people, and squandered BY :
oflcers they have chosen to collect them In !
nst OF the counties, the offices of Assessor and .
,iIeetor are united in the same person. The =
Hector can only be charged on the books of the );