Des Arc citizen., 1858-11-13

ble assets of the banks, the breaking up of thei stockholders of the Real Estate Bank, andl finally in driving the State to repudiation.-- The assets of the banks were Appropriated for the payment of the debt of the State, on ac- count of bonds issued to, andlsold by the banks ,; and the State was using efforts to make the assets available for that purpose.
 In the suits only copies of the bonds were filed. Andlo protect the interests of the State, and of the stock holders of the Real Estate Bank, and all others concerned, an act was passed by the General Assembly, ofthis State, and approved 7th December, 1854, which pfo- vided, (" that in every case, in which suits or any proceedings had beeninstituted, to enforce the collection of any bond or bonds issued by the State. or the interest thereon; before any or decree should be egrendered the bonds should be produced and filed in the office of the clerk, and not withdrawn until final de- terminaton of the suit or proceedings, and full payment of the bonds and all interest thereon, and might then be withdrawn, can ceed, and filed with the State treasurer, by order of the couFt, but not otherwise.o This act also provided, tkat in every case in which any such suit or proceeding had been or might be instituted, the court sho0ld at the first term after the commencement of the suit or pro- ceeding, whether at law or in equity, or whether by. original or cross-bfll, require the original bond or bonds to be produced and filed; and if that were not done, and the bonds filed and left to remain filed, the courts should, on the same day, dismiss the suit, proceeding or cross-bill.
 You will see by the report of the solicitor general, that five suits were dismissed under this act, of 7th December 1854. for failure of the plaintiffs to file the bonds; that in all the cases appeals were taken to the supreme court of Arkansas, which affirmed all the judgments and decrees of dismissal; that the plaintiffs then removed thecases to the supreme court of the United States--that under an arrangement with the Governor of this State, the solicitor general attended to these cases in the supreme court of the United States, and that all of them were decided in favor of the State and the law of the 7th December, 1854, fully sustained. There is but one other suit pending against the State on bonds, and in that case judgment had been obtained in Pulaski circuit court, before the passage of the act of 1th December, 1854, for $52,513 06, but upon appeal to the supreme court of Arkansas, the judgment was reversed and the solicitor general states that under the existing law, this case will have to be dismissed at the present term of the Pulaski circuit court.
 The solicitor general has manifested much zeal and ability in attending to suits of the State.
 It is recommended that you adopt the amend ment to our constitution. proposed at the last session, providing that the State shall not be sued in any of its courts. r
 It devolVes upon the legislative department to make ample provision for the expeditions and salutary administration of the laws by the judicial department, to enable the Executive to have the laws faithfully executed and to afford to the people the benefits of having the civil causes, in which they may be individually
 interested, tried and determined without delay.
 There are ffty-four counties in the State, and such legislation should be had as would
 insure to every one of them good and secure jail, which coUld not be broken by prisoners placed in it. Heavy penalties should be i'm posed on the sheriff and the jailor for every escape of a prisoner placed in their custody for safe keeping, either before or after trial.
 It is recommended that the State be divided into nine judicial circuits, embracing six conn., ties in each. That provision be made for the election of three additionalliudges of the cir cult court, and three additional prosecuting attorneys for the newly created circuits. That three terms of the circuit court be held in every county every year; and, in addition, the judge should be authorized to hold as many special terms as necessary for the trial of criminals.
 It is also recommended that the judges of the Supreme Court be required to hold four terms of this court every year, instead of two as nowprovided; and that the salaries df the judges of the Supreme Court be liberally in- creased, so that they may be able to apply themselves constantly to their official duties.
 Your attentionis respectfully invited to tho report of the swamp land secretary. By il you will see that from the time the present system was organized under the swamp land acts passed at the last session of the General Assembly, to the first day of October, 1858, engineers reported the completion of 2,222, ,l5O 38-100 cubic yards of leyse and ditch work which were allowed and certified to the Gov ernor who ordered that payment be made for the same. ,.
 The three swamp land commissioners, in their report made at the last session of the General Assembly, stated the whole amount of levee and ditch work allowed and paid for by them.to be 1,299, ,444 O4-1V0 cubic yards
 Your considerations invited to special re- port of the Auditor, dated October 14th, ,i1858, "ContraSting the expenses of the swamp land system during the two years ending with the 30th September, 1856, under the laws then in force, with the expenses, during the two years ending vita the 30th of September, 1858, un7 der the system adopted by the last General Assembly," This report shows that the ex- penSes paid during the two years, under the present system, were $57.404 37 LESS than those paid during tue two preceding years, un- der the former system; and at the same time, the levee and ditch work done was 922 706 34- 100 cubic yards more under the present, than that doRe.uuder thefnrmer system, The ex- penses referred to composed no part of what was paid for levee and ditch work, but were incurred iu carrying on the system. But, not withstanding this saving in expenses, the Governor appeals to you to change the laws so as to relieve him from the great amount of extra labor, care, anxiety, and perpleXng an- noyances which the present swamp land laws impose upon him. The regular business of the executive office is sufficient to engage the attention, consideration and labor of the Gov, ernor; yet, in addition, under the present laws he performs, without any cost to the State duties so laborious and important that three swamp land commissioners, each with a saa " greater than that of the Governor, were deemed necessary to accomplish them.
 < The large amount of leyee work now under contract, and being vigorously constructed will add so much to the business of the Gov. ernor, this fall and winter, that it will not b possible for him to accomplish all of it, and at the same time. give proper consideration and attention to the other Important dutie which deTolve upon him. Therefore, you early action on the subject is respectfully so licited. M
 The Executive has done the best he could under the circumstances, for he felt a grea desire to have the important work Of reclaim ing the swamp and overiloWed lands pGshe forward to completion as rapidly as possible