Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1849-01-19

county, the result is, that in districts. where
only small amount of road labor is required,
surplus Is raised, which is unexpended and in 9th.
eg districts large amount of labor is necessary Il
keep the roads passablc, owing to the small amount
of taxable property, and the paucity of the inhab
/ tants.
1t follows, therefore, that III some cases the roads
are almost impossible This system operates nm
| equally and unjustlv on many if not all the coun
ties OF the State; the whole people being equally
Interested in the public highways, the burden o
maintaining them should be fully distributed
Small districts should not be taxed with oppressive
and heavy duties when adjoining districts receive
equal benefits, there should be equal contribution
submit, therefore, the propriety of modifying the
existing laws on this subject, that the taxes lev
led for road purposes shall be paid in money. ano
collected IN such manner as other taxes and that
when collected, they be expended in the opening
and improving the public highways. under the di-
rection OF road superintendent to be appointed in
each county or town, who should be required tc
keep the roads in good repair. Some modification
OF our road system Of this kind in my opinion would
be more just and equal il its operations, and result
benefcialy to the public.
The Judiciary oil the State, under the Constitu-
tlon has been organzcdance the last session of the
Legislature, and the expectation OF the people APP
pears to be realized in It's operation. While our
constitution recognizes the principle that every per-
son Is entitled TO certain rcnedyI the laws for all
injuries he may receive, an2 that Justice should be
administered freely, without price or deu prompt
~ and without delay, it becomes the duty OF the
representatives Of the people. in providing by law
for the details Of this principle, TO enquire whether
tins remedy, III its largest measure is placed within
the reach of every citizen.
IN making this inquiry into the capacity of our
judiciary to supply the wants of the community
and to administer justice without denial or delay,
we must look into the busiIess before cur cnurts
and see If justice is administered in accordance with
the principle laid down. My own opinion is, that
it IS rot. This opinion is drawn from personal OBJ
servaton and from every days complaints of litiga-
ton. In some OF the courts it is not unfreQuentlv
the case that courts adjourn without completing a
moicty of the business before it, and suffers after at
tending It's terms with their witnesses are COMPEL
ed at great expense and loss of time 10 leave the
portals OF justice without having their business dis
posed Of. This amounts almost to denial of JUS
tee, and IS certainly not administering il without
delay The utility Of laws on the collection Of
debts, may wei be questioned by political ccono-
mists where Judicial rcliefis Obtained with so much
delay and attended with such heavy expense and
loss OF time Ii is ntinIated that the loss t. COM
muEity growing out of litigation, exceeds the
amount Ct deJt collected. Upon the basis Of this
estimate the subject is receiving public cXamina-
ton and discussion as question OF political
some good may follow in this, that judicial nvest:-
cation may be more easily reached, aud its decision
obtained with more certainty and promptnesS and
with less burden upon those who seek It's assistance.
Ii evils exists the remedy should be applied: the
remedies within the reach of legislation arc either
ouc.easo the terms OF cou,t in theso counties here
required, and 50 to arrange the - ia the Counties
composing circuit as gv" sufficient time 10 des-
patch the business, o. by organizing the inferior
courts authorized by the Constitution. would al
50 call your attention TO some remedial provision,
that deem necessary to place the courts Of Pro-
bate upon 2 proper basis. l. is estimated that the
whole property Of the country passes through the
iuCcial action fthesc courts cnce in the period Of
80 ycnrc, Their great Importance, therefore. TO
the public is apparent, and every improper Influence
that NAV in the least impair the exercise CT their
judicial functions should be removed the law pro-
vldcs that the compensation Of these officers FOR
their services, shall be by fees taxed against those
procuring the condition of the services, who all aet
in judicial capacity. The objection TO this mode
Of compensation is, that direct and mutual IN
duccment is held out both to the officers and Of the
judiciary TO improper conduct by paying on the che
part the officers exorbitant fees, and the other
part to the judiciary, unjust accounts against the
trust estate. This court should be placed Oil high
moral elevation S the higher courts of records,
and its consequence TO the interests of country is
no less important The compensation Of the Off
GERS should be By u fixed salary to be regulated ac-
cordiDg to the amount Of duties to be performed IN
each county: also existing laws leave it discretion
AIRY with this officer to regulate the times and pla-
ccs of holding their courts this is Objectionable IN
asmuch as in the exercise of this discretion, with
out any fixed place of holding the court, the liccr
may keep it all times il session, constitute travel
ing court and may also enter DEGREES, and cntcting
the most important rights Of persons well as mi
nors, unatcs idiots and absentees without that pub
licitv that should govern all judicial actions.
The regular time Of this court and place Of hold
ing the same, should be fixed b. positive legal en-
actment, 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 that character referred to, would place their
courts above suspicion, and more efttctuay pro-
ect the rights of those interested in their decisions.
They the guardians of those persons waiting
the legal capacity TO attend to their affairs and
regarded the representatives Of the dead, to
protect and shield their estates from those entitled
to them To remedy the delay attending the ad-
mnstration Of Justice in the courts of common law.
and the defects in the laws regulating the probate
courts in the particulars stated, | recommend that
the terms of the Circuit Court be arranged in each
circuit as to allow sufficient time for the court in
each district to despatch business before it, and IL
that inferior court of record should be organ
lEeO IN Cat'h JUDICIAL circuit Win pfODdte powers,
and with limited civil and criminal jurisdictions and
that the court of probate be abolished.
The Clerk of the Circuit Court should be ex-of-
ticio Clerk Of this inferior Court. There should
be one Judge with salary, TO be fixed by law, and
paid out of the proper circuit treasury. If, how
ever, the legislature should be OF the opinion that
the pablo interest should not require the creation
of this inferior court, and the abolishing Of the
court of probate. will recommend that provision
be made by law that the Judge of Probate should
receive fixed salary for all his services TO be paid
out of the circuit treasury, and that the amount
NAV be regulated by the boards of Supervisors in
each county.
And further that the times and places of holding
this court be regulated by law, to correspond with
the wishes explained some legislation is required
directing the docket fees charged upon each cause
brought to the accounts Of record to be paid into
the State Treasury, that it may be made available
for the objects contemplated by the Constitution :
the patents for some of the canal lands SOLD under
the territorial government
Doubts are entertained whether the government
of the State can legally issue them, so as TO vest
the title of the lands in the purchasers The sub
iect is referred TO that legislative provision made
directing such patents 10 be issued. The accounts
of the Register and Receiver of the lands remain
unadjusted. 1t is due to these officers. and the
true interests of the State require that this matter
should be brought TO close. Such steps are urged
to he taken will accomplish this object.
| resDectfuY direct Venr attention IN the views