The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1866-01-11

may require judicial investigation. To
settle these questions, however, so far as
they can be settled by legislative action,
will involve much thorough and patient
labor. A large number Of our citizens
who have settled upon public lands in
good faith under color of title, now find
their homes jeopardized on account of
claims insisted upon by corporations.
which have become the benefciaries of
those grants. These adverse claims, in
most cases harshly insisted upon, will un-
less, some remedy Is provided, ultimately
cause great inconvenience and perhaps
ruin to large number ofour enterprising
and worthy settlers. 1t was evidently the
intention of Congress- i'm all these grants
to preserve inviolate the right of bona tide
settlers, and allow them a fair opportunity
to purchase at the minimum price. And
the attempts now being made by these
corporate ons ia sppropriate these lands
against The rights of the settlers, are, in
my Judgment, manifest departure from
the spirit of the grants. therefore earn
part, anil resort to judicial tribunals, both
of which deem essential, as will speedily
bring these conflicting interests to full
AMI final adjustment.
The difficulties existing in the adjust
mcnt of rl,s' Swamp Land claims i'm the
Department ut Washington are fully ex-
planned in the Registers report. I enter
tain the hope that these difficulties will be
fully removed within II reasonable time,
AMI that tho counties will not be hong de-
layed in procuring the allowance of their
claims. ...........-. .....,,,. o.
The law srnpites That where lands, af-
wards proven to be Swamp lands, have
been sold by the Governments, the pur-
chase money shall he refunded to the
State, which goes to the benefit Of the pro-
per county. 4 larue nnnber Of warrants
for the indemnity money have been issued
by the United States Treasury. and for
warded to this office. Some of these war
rants, without coming into my personal
possession, have been improperly and IL
legally applied by par les through whose
hands they have passed, and the counties
to which the warrants belong, have, up to
this si,rse, fis4etB to receive sfeiy money.
This matter is Of so grave character, that
deem it incumbent on me to call the ear
ly attention of the General Assembly to it,
and therefore ask for the immediate APP
pointment Of joint committee to investi-
gate the facts.
JUDICIAL SALARIES.
Your attention is specially invited to
the subject of judicial salaries. Chapter
10, Acts the Extrs Session September,
1862. reduced the salaries of District Judges
to 81 800, 90, and ofthe Supreme Judges to
81, 10000. When this Act was adopted we
were in the midst Of the rebellion, liable
to extraordinary outtsys of money for an
indefinite period, and the reduction of sal
aries was then regarded by the Legisla-
turp rs an important measure i'm the gem
eral policy of retrenchment. The wisdom
of such II measure, however, Mt any time,
may be seriously questioned, especially
i'm regard to judicial officers; tor it should
not be forgotten that upon tbe' purity,
ability and Independence of the judiciary
depends to great extent our stability and
strength as nation. These essential quail
ificatiOns cannot well be secured or con-
tinued by a system of compensation which
is inadequate to the proper support flu
dicial officers. Those best qualified for
the bench must, under the most favorable
circumstances, make great pecuniary sac
ritices i'm becoming judges. This reduc-
ton of salaries in it's application to the
District Judges took effect ia january,
| 1858. with the commencement of the pres
terms, but in providing for the reduction
of the salaries Of the Supreme Judges, "af-
| ter the several terms of office of the pres
ent incumbents EXPIRE" it may well be
the close Of Justice loves term in Janu-
airy, 1868, inasmuch rs his is one of the
several terms which will not expire until
that time. Otherwise the anomaly would
be presented of paying some judges less
compensation Nsan others of the same
grade, and for performing the same SER
vice. This the General Assembly clearly
never intended, and it may well be doubt
ed whether they could have done 50 under
the Constitution. This view is sustained
| y
Attorney General, whose opinions. will be
found in the Auditors report. If, there
fore, it be correct that the salaries of these
Judges have not yet been affected by the
operation Of this law, the constitutional
provision assrnst changing the cOmpensa-
ton ofjudyes during the term for which
they are elected, will not be contravened
Ixytf :x.l~ 4
les of all the Supreme JWlges' ut S., 900.
But whatever view you may entertain az
to the time of taking effect OF this itsw. I
trust you will perceive the expeiiency of
its i'sssnediate repeal, ~ this cannot change
| the salaries Of those now i'm office.
In my opinion the public interests
would be clearly subserved by paying our
District Judges $1,000 a year, and those of
the appellate tribunal $500. A law i'll
creasing the salaries of District Judges
would take effect in January, 1867, at
which time the terms of the present in
cutnhents will expire; but those of the
Supreme Bench cannot be increased, if
this view of the Constitution is sost Il ned,
until after all of the present terms shall
have expired.
1 recommend that you constitute the
Judges of the Supreme Court "Commis-
sioners of Legal Inquiry in place of those
contemplated bv section 2675 Rev. 1860,
making it their duty at the close of each
regular term to report fully to the Govern
or, and aIsofO the General Assembly at
each regular session, Upon any discrepan-
cies or imperfections in the general stat
utes and code of procedure. These duties