Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-11-02
DAVENPORT IOWA FRIDAY MORNING, NOVEMBER g. 1850.

day for tn. success Of the race tomorrow. II
something don't turn up there will be race
sure.
SPAULDISG Held TO Ball.. d.
Spanlding, who Parsed 81 3Z5 Of counterfeit
monsy upon Brrows, M.lard 4 Co, Bankers
at Omaha City, has had his t'isl at Marergo,
and was fully committed. Jones his accom-
pce. was acquitted. there not being sufficient
evidence to convict him He said he had
nothing TO do with Spauliinc further than to
act drirer of his team W. Bsrrcws and j
II. Milard arrived in town by last evenings
rain with spaudng in charge. He was ta-
ken TO the Ackley House, where he will remain
until requiston from Nebraska arrives
The QUESTION TO BE TEsTED.-We
stated few days since that the validity of The
New Code with reference to fees OF civil off
GERS was about to be tested. Such was III.
case A law firm in thi. city hich was about
TO commence an fction in the District Court,
made out the regular petition aud took the
same TO the Office o: the Clerk Of the District
Court to have the same file in due form o.
law, ind for such service the full sum Of ten
cents was actually rendered, a. reasonable
compensation for the actual labor perfo med
by the Clers in writing his nA.ne on the back
the petition.
The Clerk refused to fila, Of course, for any
such compensation. lie had been in ,hs babit
OF receiving & so t, r his autograph seal, etc,
aud may well be imagined, the dime waA
not up to his ideas If Clerks iees--he would
neither accept the lee nor would lie ii.e the re-
tition. The plaintiffs attorneys then drew Up
| a pettion asking mandantas, Tor compelling
the Citrkto file said petition for the sum Of
ten cents. T..is petition the Cieik fled of
course, ia order to have the matter tested in
court. The viii be heard by Judge Di-
Ion at the Chambers, in the course Of day or
tive. upon agreed state of facts Cor bin Dow
Il Brown for plaintiffs. Hubbell for Clerk.
The poirEt III the case. we believe, is this
Chapter 81 of the New Code provides, or
should provide for the cor, pensati, of officers
That charter was included in the report of the
Code Cornnis issioners presented to he Legis-
ton To civil ofceis stfickeu out when said
report came TO PASS the l.. sla,ive body. No
provision whatever is made in the engrossed
bill containing the code it appears on file
in the office of the Secretary OF State for the
compens alton Of civil officers
We snou.0 remark however, that there Is a
chapter in the New Cole. fixing and granting
compensation to civi! oiicers but it is there with
ou. any legal authority whatever-paced there
rpon the responsibility of Mr.. Ben Darwin the
codiiier-he taking it for granted that al
though the L. ,i.!ature had omitted saying
anything about compensation in the code,
the old one would remain in force This ress-
oning might have been sound had there been
nothing running counter to it.
We find, however, that in Sec. Al, chap. 81,
the Legislature expressly declares that any por.
ton Of the code oil 1851, which is neither it.
orally set out her, in nor as a Section designa.
ted herein by numerical designation of such
sectio4 such section is numbered in said code
of Iowa of lisa l, is hereby re eaIed.'
This is the consummatien of a sturendous
b nnder-one Of most serious and perplexing
character; one which throws the doors of liti-
g ,tion open wide-one which is Great ng an
immense deal of trouble in our State
The catalogue of evils which this 1isploy of
mental stupidity and egregous laundering
presents. we will not attempt TO point out. 1t
world take week to enumeiate them all, and
it is plain to be seen that something must be |
doue to remedy the defect.
The case coming before Judge Dillon will be
appealed to the Supreme Court, and unless that
Court resolves itself into entire 5 ate Legis
epresentatives--Senators Kirk W ood,
Rusch aud all, cannot 5 e how an extra |
session can lie lodged.
An extra session of the Legislature would be |
an expen,ive affair-a fine addition to the |
presept state debt--the amount of which We /
will not take the trouble to give until the ses
sion is called.
This is a specimen brick Of Black Reputli-
can legislatng Its like for stupidity !
mnttouhe adeiness Gf We may be allowed to
coin word which precisely suits the case) is
unparalleled in the his ory OF human egisls-
mum of the prince Of blockheads himself, and
hands it over to the Republican Legislature of
Iowa as the owner par ercel'ence. Th. shadow
OF an excuse for it does not exist. Let us await
the result patiently.