The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1854-01-13

/ ISCt iH0 hhlhos HOt 40 loAuiStis ~ " t''e3 :"
er aud special rule Of taxation, but 70 th'
same that was prescribed lor, and impo
sed on individuals. This effort SO fai
Ond equitable al ihe time, was success
| fully resisted, II continued, however, 4
he insisted upon, and the provision upor
THAT subject in The New Constitution hai
been The result, This provision relieves
lhe Bapks from paymentot The rates con
lained in their charters, and which they
alleged uere SO much grouter than those
paid under the general revenue Of the
Stale md only requires that sail proper
| ty employed in banking, shall always beal
burden Of taxation equal 10 that inpo-
sed on the properly Of individuals" This
burden is now heavy, bu, constantly in
[creasing duplinate will, ina very few
| ycnrs, greatly reduce il. The amount
required TO meet the interest on the pub
lie debt is annually diminishing. and the
Temporary causes that now tend 10 keep
lup the taxes, will soon disappear. The
Banks can therefore gain but little by q
perseverance, in their present course
while injury and final ruin will be the
consequence.
Tho duty Of the General Assembly il
plain and unqnestionable. The require
menis Of the Constitution must be car
lried oui. IN this determination the peo.
| pie and every branch Of The Slate gov
ernment are entitled, and will sustain
each other by the most cheerful cooper
alton. The Banks should look beyond
The legal issue. No one should desire io
live among all industrious and heavily
taxed people, without bearing fair aDd
equal proportion oflhe necessary burdens
of the State.
The new constitution made three i'm
poliani changes in the judicial depart,
mcnt referring 10 the manner Of electing
the Judges,th organization Of ibeCourls
ard the mode Of proceeding in the adj
minisiraIion Of justice.
The fourteenth article requires tia. the
General Assembly shall provide for the
appointment of three Commissioners "a
revise, reform, simplify and abrdge the
practice, pleadings, forms and proceed
ings Of the Courts of racord ia this State
and as far as practicable and expedient
provide for The abolition Of The distinct
forms Of actions al Jaw, then in use, anc
for the administration Of justice by uni
form mode Of proceeding without refer
ence 10 any distinction between law ant
equity.
These Commissioners were appointed
and on the 18th of January, 1853, made
their report 10 The General Assembly thor
in session. They reported code Of civ
| il procedure which has gone into opera
lion as a statute Of The State.
The changes made by this code are
radical and thorough, and seem to fully
NEE. the requirements OF the Consti,n'
| iiOn.
The actions at law heretofore in use
are abolished, aud justice is TO be admin
sicred by mode OF proceeding wlthou
reference 10 any distinction between Law
and equity. Technicalities and fction'
in pleading are no longer required. The
parties in stating their claim and defene
must tell The truth, and in ordinary ant
concise language.
To discourage unjust claims, and falls,
defences, 10 dispense with unnecessary
proof, and TO preven, recurrence TO for
mnlly and fiction every pleading of fac
mus, be verified,
TO get at the whole truth in every case
the parties to the action and all other per
song, with few exceptions, are allowed Il
testify.
These changes put On end to the OLE
system Of practice, and aim TO substitute
for il what the people have long demand
ed, simple, ineligible and ecoiolnica
mode Of procedure for the administration
Of justice.
The New Code wen, into operation oil
the second Of July last, and suficen
time has not We, elapsed, to test the wis
dom and pruclicabilily Of oil its proyis
ions. Tba, most, if not all, Of them ar
real and important reforms | have Ii
doubt. II is TO be expected, that in III
beginning they will give rise to some EN-
barrassmen,, but it may be chiefly III
embarrassment Of change.
In view of the importance OF this sub
| iect and Of the untried condition of tbi
Law, | consider il proper TO rocommen
great caution in any further immediate
Legislation upon it, l, seems TO me,
will be wiser TO wait for the modification
suggested by experience, than hastily I
adop, those Of mere theory.
| Il will be observed that The require
ment Of the Constitution referred 10, ap
plies as we'll 10 the Criminal as 10 til
4 Civil Code. The Code reported an
enacted relates only to civil procedure
and The gof office Of The Commis
sioners heretofore appointed, ended b
Limitation on the first Monday Of Marc
Hast. You will, therefore, consider ,h
4 Ipfoprieiy Of creating further commissio
10 prepare Criminal Code.
! The reports of the Directors and Wa
den Of the Penitendary will place befor
you a very full account Of the manage
ment and condition Of that insti;u,ion.-
| The laws have been executed with milo
| ! 4 III