Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1842-01-19


the propriety of this course was ever doubt
tul, the experience of few years past has dis
sipated all doubt, and clearly marked out the
path Of duty.
On this subject, there is another matter
which has been repeatedly brought under my
notice. allude to the extension of the auth
ority TO create corporations for various purpo-
ses, conferred on the courts OF common pleas,
by the 18th, 14th,. 18th and 10Th sections Of
the act of the 18th of October, 1SIO, entitled
"Aa act relating to orphans court and for
other purposes" Charters of Incorporation
are procured under this law, on application to
the respective courts OF common pleas, with
out being subjected to any Other resJrant or
control than iner own nasty perusal. Notice
to be sure, is. directed to be given, but that is
Of little avail. 1here is no common standard
for the whole State, as was the case when
these charters were to be approved by the
Attorney General and the judges OF the su-
preme court, and enrolled in the Department
of State, at the seat of Government. Under
the old system there was uniformity in the
provis ions contained in these charters but
now. under this new law, the discretion of diff
ferent courts may essentially differ, and ulti
mate confusion cannot fail to ensue These
domestic corporations, as they may be called,
are of great service to the public. but it may
be fairly questioned whether ii will not detraCt
from their uses to render their creation mat
ter too ready and unchecked. / invite your
attention to this subject, and if YOU should
agree with me in opinion, it will be easy to re-
move al ground of complaint, by restoring the
power OF granting these charters to the hands
in which it has been safely lodged for up~
wards of half century. The delay and in
convenience o. the old system were fully coun-
terbalanced by the ltanty. consistency and
1t,1f
leges enjoyed by the corporations created.
The Legislature, by the act Of 10th June,
1886, conferred equity, or chant cry powers.
on our supreme court, courts of common pleas
and district courts, i'll certain specified case S.
There are also certain other euactments, on
the same subject, in he 59th section of tbs
act of 18th Jun2, 1840, and perhaps in othee
acts. Ii is stated that some of the provision
of these various laws are inCoDgruous, that the
jurisdiction conferred is not expressly defined
and il has been decided by the supreme court
that the parties aggreved have no redress bv
appeal from the inferior tribunal to the Su-
preme court, or by writ of error from the lat
ter to the former. IF It be deemed advisable
to retain the features of these enactments IN
cur Jurisprudence, il would seem requisite thar
the evils compla,aed of should be removed by
legislative enactment.
| would also recommend an examination in
to the state and condition os the extent and
business of the several judicial districts of this
Commonwealth, so that the amount of labor
of the several president Judges, some of whom
are az present overburdened, may be ID some
measure equalized.
There are Complaipts OF the accumulation
of business in the courts of the city and Coun-
ty of Philadelphia, and especially Of the diff
Gully Of reaching, in reasonable time, the
s,,,o. gt-.s,, floc q
court. This last is said to arise From the time
tina, the, court is necessary obliged to devote
to the business in hand, where they have to
decide appeals and writs of error. Whether
such complaints be well founded OF net, | am
not prepared o'sav. A careful examination
into the whole subject, and such euaCtmentS as
shall be found necessary 20 meet any evllSthat
may exist in the administration of Justice, and
give to every one an opportunity of speedily
trying his cause, IS respec fully recommended.
1t is often made the subject Of complaint,
that the decisions Of the supreme court are
not published under the supervision of re-
porter appointed by authority of law. think
it is worthy your inquiry, whether the public
interest would not be promoted by providing
for the appointment of such reporter, who
shall be responsible to the publicfor the man.
ner il which he discharges his duty.
Complai7t7 continue to be made in many
counties OF the manner Of selecting jurles-
Unless some additional guard be thrown
around this nestmabe right, public confidence
in the trial by jury vii be much diminished
This most wise and venerable of all human
and social institutions, must be guarded against
the possibility of encroachments, and this long
boasted buwark of liberty pro- o'ected from
prostitution to purposes moi intended by the
constitution. therefore ecommend that the
juLors be actually selected by the Judges OF
the court Of common pleas, or some two OF
them, together with the sheriff and that they
be drawn by them in open court or that some
other provision be made, that the trial by jury
may be respected and effectually secured. :.
The laws relative to collateral inheritanCos
imperatively call for a revision, in order to in
sure the collection Of money from that source
respectfully recommend the adoption OF the
amendment suggested in former commun'-
cation, to enjoin it upon the registers OF wills
to enquire or all executors and administrators
on oath. at the time of granting letters, wheth-
er the estate of their estator, pr ntestate, VIII
be, in their opinion, the subject OF the laws
relative to collateral inheritanCes, and that the
register give notice of all such to,the attorney
general, or his deputy, whose duty it shall be
to make a record thereof, and enforcing the
collection, from time to time, of the moneys
n aricinr RI cre from, and hand over hS.reCOrd 10