Nebraska advertiser., 1867-05-23


nov that the generous endowment Of
Lands, set apar; for school purposes,
comes under our conloal, that a liberal
enlightened school system be inaugera-
ted as soon as practicable. For The at-
lainment Of this. we have many advan-
tagss not possessed AZ The outset BY the
elder States. The system Of Free
Schools is no longer an experiment with
the American people. It's development
has been gradual bul continual. since its
early adoption upon lhe Atlantic shores.
and nowii is the chief glory Of The Re-
public. Perfected as il has been BY ex-
perience and sspdy.it will not be difficult
70 Gull from The Legislation of otner
States the best material with which 10
construct a board and ample code. suited
10 the Leeuliaritiss Of our country and
population. Your most earnest attention
is therefore invoked. that no pains may
be spared 10 render Nebraska second TO
no other Stale ID the facilities offered 10
all ner children, irrespective Of sex or
condition, 70 acquire. not only the rudi-
ments Of education, but 10 erect upon a
board foundation, a superstruciure Of
solid attaInmenls in art, literature and
science. Upon no nobler object can the
public funds be more prOfitably bestowed
and to no higher end can your most en-
ergeuc efforts be dlrected. Economy Of
time. labor, or expenditure can be exer.
cised IN any other direction with less
danger 10 the public veal than IN this
| doubt not that you viii be fully equal
70 the emergency, and that by your wise
measures we may lake the front rank
among our sister States in our free
school system.
s. The revision or amendment Of the
Code Of Civil Procedure to abolish the
distinction between actions az law and
suits in Equity.
Our Code Of Civil Procedure is al
most identical in its provisions to the
code Of Ohio, and other Western States.
Doing away with much of The cumbrons
machnerys accumulated by centuries Of
precedent, found 10 the various courts Of
England, and SILL partially adhered to
10 several Of the older States. II renders
much more simple lne administration of
Justice. and BY aoiishlng many Of the te-
dious details that have proved 50 har-
RAISING to The litigant b0lh IN common
law and chancery proceedings, affords,
deubtIessly, much greater faciliiies for
securing Id the most expeditions manner
final adjudication of causes.
But though adhering very closely to
the letter of the Ohio statutes, we find
10 Section Two. Title Ohio, -4'Coda Of
Civil Procedure" meterial deviation
or omission. The Ohio code, under the
corresponding ntle. reads thus: The
distinction between actions al law and
suits In equity, aud The forms Of al such
aclians and suits heretofore existing, Is
abolished" In our code the clause ''and
suIts in equity " is omitted.
Therefore, IN accordance with the de-
sire OF many members Of the legal pro-
fession in the State, | commend 70 your
consideration the proposed amendment,
inserting this clause 10 the section quoted
g. The revision or amendment Of the
sections of the Revised Statutes, eOm-
mencIng al section five hundred and
twenty one, page four hundred and eigh-
ty-four, entitled 'Homesteads and ogher
exemptions"
The phraseology of the Exemption
Law IS 50 obscure that it is liable TO ms
lead and affords TOO much ground for
misunderstanding as TO the amount Of
properly actually exempt from execution
and attachment Section 52l exempts
persona! properly 10 the amount Of S5OO
from forced sale on execution, belonging
10 "heads Of families" ''whO have nelth-
er lands, town lots, or houses subject TO
exemption or homesteads under the laws
Of the State" And Section $50 emu
merates apparently in addition 10 this
$500 exemption certain classes Of per-
sonal properly ihat ''shall not be liable
20 attachment, execution or sale on any
6Dal process issued from any court in
this State against any person, being a
resident Of this State or 4 Head Of q
Family"
But il can hardly Be the intention 10
permit debtor to avail himself Of the
provisions Of both sections, incongruous
as they apparently are. ] commend,
thaI these sections be 80 re-
vised or amended ss 10 be rendered con-
sistenl and Ineligible TO the masses.
TO- The amendment OF Charters Of
cities, towns and other ineorporatlons.
III. The amendment Of Statutes re-.
qulring fees Of juOrs and witnesses.
As fixed BY the law nov on our stat
ute books, the per diem Of Jurors and
witnesses is far below the pay Of IN
skIlled labor, and consequently il is 10.
hicung serious burden TO compel a man
OF limited means 10 attend our courts in
either capacity. commend, therefore.
that the fees be increased 10 correspond
with such increase 10 the value Of labor
as may have taken place since the adop-
ton Of the present rates.
II. Tbe amendnaeni Of laws regulai-
ing Roads ard The election Of SupsrVis-
ors.
ID. The amepdnlent of. section fiftyone
page ifsy-fve, Of the Revised Statutes,
50 that its provisions nay apply 10 the
Judges Of The frst and second Iadicial
Districts
As this section now stands, the Judge
of the Taird Judicial District only. S an.
shcrizsd 70 appoint cue special term 10
any year il the counties within his dis.
trici
AZ. ths revlsl5n Or amendment os an7
general q special laws now in force, thai