Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1849-01-19


towns and counties. These taxes may be dischar
ged by the persons taxed, in labor upon the roads
in the proper districts, under the direction of
supervisor The effect of this mode of discharg-
ing taxes is that in districts, they are, when
collected, paid into the county or town treasury,
and are never expended upon the roads, and the
resident tax payers too frequently perform their
road labor specifically, which prevents the bene-
fetal improvement OF the highways to the extent
reasonably to be anticipated from the system. A
gain the ratio of taxation being equal III each town
or county. the result is that In some districts,
where only a small amount OF road labor is requ-
red, surplus is raised which is unexpended, and
in other districts, in which large amount of la
Dor is necessary to keep the roads passable, owing
to the small amount of taxable property and tle
paucity of the inhabitants, a deficiency OF taxes
for this purpose exists. It follows therefore,
that in some cases the roads are almost impas-
sable. This system operates unequally and unjust
ly IN many, ii not all of the counties of the State
The whole people being equally distributed. Small
districts should not be taxed with oppressive and
heavy duties when adjoining districts receive equal
benefits from them without contributing to their
performance, performing similar ones to the
same extent Where equal benefits are received
there should be equal contribution. / submit
therefore, the proprety of modifying the exist
ing laws upon this subject so that the taxes levied
for road purposes shall be paid in money, and col
t at when collected, they be expended in opening
and improving the public highways, under the
direction of road super;ntendeHt,to be appointed
IN each county or town. who shall be required to
keep the roads in good repair. Some modlhca-
ton of our road system of this kind in my opin-
ion, would be more just and equal in its opera
ton and result beneicially to the public.
The judiciary of the State, under the elective
provision in the constitution, has been organized
since the last session of the legislature and the
pectatons of the people appear to be realized In
its operation. While our institutions recognize
the principle that every person is entitled to a
certain remedy in the laws for all injuries that he
may receive. and that justice should be administer
ed freely and without price, denial promptly
and without delay it becomes the duty of the
representatives. of the people, in providing by law
for the details of this principle to inquire whether
this remedy, In its largest measure, is placed with
in the reach of every citizen. In making this IN
quiry into the capacity of judiciary to supply
the wants of the community, and to administer
justice without denial delay must look into
the business before our courts and if Justice is
administered in accordance with the principle laid
down My own opinion is, that It IS not, This
opinion is drawn from personal observation, and
from the every day complaint of lItIgants. In
some of the counties it is not unfreguently the
that the court adiourns without completing a
molety OF the business before It. and sutors, after
attending during its term with their witnesses, are
compelled, at great expense and loss of time, to
leave the portals of justice without having their
business disposed OF. This amounts almost to a
denial of Justice and it is certainly not administer
ing it without delay. The utility of laws for the
collection of debts may well be questioned by po-
litical economists, when judicial relief is obtained
with so much delay and attended with such heavy
expenses, and loss OF time. 1t is estimated that
the loss to the community, growing out of litiga-
ton, exceeds the amount OF debts collected Upon
tba basis tbo
public examination, and discussion as a question
of political economy: and from this discussion it
is hoped, at least, some good may follow in this,
that judicial investigation may be more easily
reached, and its decisions obtained with more GER
tainty and promptness, and with less burdens upon
those who seek It's assistance If evils exist the
| remedy should be applied The remedies within
the reach of the legislature are either to increase
the terms of court In those counties where requr-
ed and so arrange them in the counties composing
circuit as to give sufficient time to despatch the
business, or by organizing the inferior courts au-
thorlZed by the constitution
/ would also call your attention to some RENE
dial provisions that deem necessary to place the
courts of probate upon proper basis 1t is esti-
mated that the whole property of the country
passes through the judicial action Of these courts
once in the period of thirty years Their great
importance, therefore, to the public is apparent
and every improper influence that may, in the
least effect the exercise of their judicial functions
should be removed. The present laws provide
that the compensation of these officers for their
services, shall be by fees taxed against those pro-
curing the rendition of the se.voe: who all act n
a fduciary capacity
The objection to this mode of compensation is.
that direct and mutual inducement is held out,
both to the officers and fducary to improper con-
due; by paying, on the part, to the officer ex-
orbitant fees, and by allowing, on the other part
to the fiduclary unjust accounts against the trust
estate. This court should be placed on as high
moral elevation the higher courts of record and
It's consequence to the interests of the country is
no less important. The compensation of these
officers should be by a fixed salary to be regulated
according to the amount of duties to be performed
In each county. Also, existing laws leave it dis
cretonary with these officers to regulate the times
and places of holding their courts. This is OBJ
jectlonabe, inasmuch as in the exercise of this
discretion without any fixed place of holding the
court the officer may keep it at all times in SEES
sion constitute travelling court and may also
enter DEGREES etfecting the moet important rights
of persons, well minors, fenae couerts idiots
and absentees, without that publicity that should
govern all judicial action Regular terms of this
court, and the places of holding the same should
be fixed by positive legal enactment and no final
decree or order should be made except in term
time, and upon notice, to be published in some
newspaper. Provisions of law, of the character
referred to- would place these courts above suspi-
cion, and more effectually protect the rights of
those interested IN their decisions They are the
guardians OF those persons wanting the legal ca
paclty to attend to their own affairs and are regar
ded as the representatives of the dead TO protect
and shield their estates for those entitled to them
10 remedy the delays attending the administration
OF justice IN the courts of common law and the
defects III the laws regulating the probate courts
~ the particulars stated | recommend that the
q rms ut 40 NTr~