Nebraska advertiser., 1857-12-24
We. The stalnles are limited. confused

tive. The statutes + limited, confused
and contradictory. In consequence both
the bar and public are unable to deter
mine the correct mode of procedure In
cases of frequent occurrence; and the iud-
ges being lefi withOu, a statutory guide in,
their decisions, have too great a latitude
of discretion-as little desirable to them
as annoying to parties. To accomplish
the desired amendment, one or more
practical and experienced lawyers should
be appointed, and such reasonable COM
pensation allowed as will induce them to
contribute the necessary time and study.
1t is impossible for a committee of the
Legislature, amid the pressing duties
crowding upon them IN a brief session,
to devote to the work the required ability
and attention. TLere are needed steady
and faithful comparison Of any part of the
code with another, and careful examina-
ton of analogous statutes of other states
and of the decisions of the courts.
In August, 1856, Congress passed an
act for the purpose mainly of reducing the
expenses of the Territorial courts thrown
upon the federal treasury. Under this
law the Judges are required to fix the
times and places of holding the courts,
but are restricted to three points in the
Territory, or one in each district. Hence
parties, jurors and witnesses are compel
led TO attend from remote parts of the
districts-or the Judges must assume the
responsibility of delaying proceedings.
An effort should be made to amend the
act by a provision allowing each county to
assume and defray the additinal expense
necessary for the public convenience.
The necessity of passing an actpermitting
the payment by the counties Of the extra
expense in case the law Of Congress
should be amended is obvious and imper-
alive. '
The increase and changes Of our popu-
lation seem to demand a new arrange
ment of judicial districts. The recent
and rapid settlements northward of Da-
kotah, extending to Niobrarah, have i'm
posed an undue proportion of labor on the
Judge of the third district. A modiica-
ton of the present division is therefore
suggested, by attaching one or more
counties north to the Capitol District, and
uniting the counties south Of the Platte, in
the allotment to the second district.
In the action Of nearly all Legislative
Assemblies and communications from
Executives, the highest Importance has
been attached to the faithful administra-
ton Of an efficient Common School Sys-
TEN. In a country founded on the abso-
lutte equality OF the people, it is vitality
necessary that the character of the Dis
trict School should favorably compare with
the grade of Select Academies, thus plac-
ing the means of thorough education
within the reach of all.
Our Territorial Assembly has provided
an adequate law, the provisions of which
have been almost entirely unheedfd.
Many County Superintendent have fail
ed to qualify, as prescribed in sections IS
and 20, chapter Is, I'd Statutes; and the
County Clerks have provided no substitu-
ties; nor has the forfeit been collected by
the Prosecuting Attorney as provided In
section %. Others have neglected to re-
port to the Superintendent of Public In
struction on the LIST of November, as or
dered in section 80. Thus the law has
been rendered virtually a dead letter. In
many, if not all the counties, no districts
have been formed; no taxes levied: no
teachers employed and no steps taken in
respect to School Laws. The Act of
Congress Of 1857, providing for the sell
ection of other sections In lieu of the 10Th
and 32nd, when occupied and improved
prior to the surveys, has temporarily
abridged the land fund, but it is the duty
of the County superintendent (Chap. Is,
Sec. 81 to examine, aIlot in parcels, and
value the sections not thus occupied, as
others after they shall have been selected
| respectfully callthe attention to this and
the other requirements of the law, so thaI
existing resources may be made available
and the system put in force by the Is
Monday Of May dS5S|he proximatt
time for the regular meeting in eacf
School District.
For information as to the state of the
Treasury, reference is made to the repor
: of the Treasurer herewith annexed. The
revenue law now in force is inapplicablt
+ and imperative, and requires a thorough
, and careful revision.
While the military spirit of our citizen
is believed to be unabatted, drill and dis
cipline have been greatly neglected
Companies exist in nearly every county
, but their organization in many cases
imperfect, or suffered to decline on &C
count of changes of residence. Thes
deficiencies should be supplied. Situate,
I On the frontier-we should be provide,
. at all timesfor self-defence or co-opera
y ton with the Government against inter
nal enermies.
Our Election Law needs an amendmer
\ requiring Clerks to transmit to the Terri
torial Secretary a list of the County Off
). GERS elect in each year, and of all tn
designations or removals of Officers q
q Notaries Public.
During every session, special acts hay
n been passed, appointing Road Commiss
n oners. Great Inconvenience has resulte
from their negligence or in%attention.
is suggested that penalties should be in
: posed for such non-fulflment, or tn;
County Supervisors should be annual
# elected.
Vonr attention is called fo a more riri