The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-02-15
Governor Fairehild's First Veto.

We rejoice that Gov. Fairchid, has set
bis face against that propensity that seems
to be chronic with Wisconsin Legislature
the propensity to waste their time and the
peoples money in legislating OH local and
minor matters to the neglect of the real in
terests of the State. The message of the
Governor returning several bills to author
ize minors to convey real estate, is so just
and SO appropriate that we publish it below
entire. The turning our Legislature into a
court of Probate is not only an expensive
luxury, but one that opens the way to un-
limited frauds Again we say, we rejoice
that Gov. Fairchild has taken this stand
against this great evil.
The following is the message:
To the Honorable, tie AsSembLyy: r.E e.
An act entitled an act to authorize Maria
Thiede, formerly Maria Willie, to convey
certain real estate therein named; also an
act entitled an act to authorize Loisa Put
and Huntington Pui to convey certain real
estate therein named, have been presented
to me for my approval. +@
Section IL of chapter SO of the revised
statutes, by general provision, fully empow-
ers the county court to license the sale of
real estate belonging to minors, whenever
latter full examination, it shall appear to
the court, either that it is necessary or that
it would be for the benefit of the ward, that
the real estate or any part of it should be
sold @ 1f4 f3s
Other sections of this chapter provide
that all parties interested shall have full
hearing, and that the ground of application
shall be examined into thoroughly before
such license is granted. Chapter IS of the
revised statutes confers similar powers upon
the circuit courts under like restrictions.
While we could have such ample power in
| the premises, and while this power is SO
carefully guarded as to a full investigation
of the merits of each case necessary /; | am
convinced that as question of expediency,
it is better in all cases for such applications
| to be made to the courts. do not deem it
necessary or proper that the Legislature
should enact laws for individual cases.
The structure of the courts enables them
more easily to understand the merits of par
ticular applications. All parties interested
| have notice, all are heard. and the evidence
upon which the decision of the court is
| founded, il given under the solemnity of an
l.oath. j. a 4y af'
The Legislature has neither time nor op-
portunity to investigate the circumstances
of each case. There is no notice. no hear,
ing, no controversy
If it acts at all it does so upon sworn ca
pGTte statements evidence which would
not and ought not to satisfy any court
While regard all special legislation as
unwise. | deem laws Of this character posi-
lively dangerous
Let it be understood by the people that
upon application. that the legislature viii
clothe infants with the power to sell theil
property, and your body will not only bt
overwhelmed with such applications, to tht
great detriment of public business, but will
be imposed upon, and minofj will inevita
bly,, in many cases, suffer great wrong.
/ All infants are the wards of the State.
Their rights should be guarded jealous
1 ly.
The laws referred to have delegated t
the courts this guardianship and with then
think it should be left.
Bot The precedent is one which canno
sanction.
IL opens the door to injustice and fraud.
/ have not, without grave consideration
determined to Withhold my approval, but
entertaining these objections, must return
these acts to the assembly, where they orr
ginated LUCIUS. FAIRCHILD.