Buchanan County bulletin and guardian., 1868-01-24

/ their nnciions to act upon matters iaa port.
i art 10 The public interest. whore grave qnes>
| ,ions Of constitutional or statutory law are
| involved. The embarrassment Nperienced in
such cases is greatly augmented blythe isct
! that the immediate action OF the department,
/ is rs>quircj, when an error or Judgment, IN
/ the legal questions concerned, may result in
much dotrimen'. beth to pub ic aud ndividu>
| al rights. As the law nov stands the mems
bars oil the Judiciary are not authorized 10
! rcnJer ans opinion upon ~ estions, unless In
/ the adiudie ,tion of n case regularly brought
aaa submitted. 70 obsiats ihssc dltticahics.
some mode must be provided tor a resort TO
| judicial assistance ina manner hat will ren>
der it authoritative upon the Il estion in>
volved.
In n anv other States their constitutions
| provide that ''the justices et ,he Supreme
| Court shall he Obliged TO give their criaicus
! upon solemn OCCASIONS, when required by the
| Governor. Council, Senate or House oil Reps
resentat;ves."
| THIS provision has been thoroughly tcste d
in States where it prevails; and their eNpsri>
ence has amply demonstrated its wisdom and
| utility. BY this means also, much uncertainty
and expensive htiga ion might be avoided in
settling the constituionaiity OF legislative en-
acsments. In the absence OF anv provision
in the Constitution on this subject. lea,ertan
no doubt that You have p,wer to p ass law
establishing such y regulation. and earnestly
recommend thai it be done.
COURTS.
The attention of the General As
sembly is respectfully invited TO the
importance ot Introducing some ma
terial change in the structure OF our
judicial department. whereby the in
creasins business OF the present Cou, is
may be cur,ailed, and the prompt ad
minis,saiion of ofius,icc more perfectly
secured.
The Constitution wisely provides
that courts. inferior 10 The Supreme
Cont, may be established from ,ime
10 time by the General Assembly. An
adiit onal court Of common law juris-
diclion, in the more populous portions
Of the State, has become necessary
for the speedy administration of jas
tiee, and the vindication Of individual
rights. To meet the present require
meat, a change can be made in the
organization, of the County Court,
making it Court of Quarter Sessions.
giving it appellate jurisdiction in
causes determined before justices Of
the peace, and such additional juris.
dicuon concurrent with the District
Court As You may deem it eNpedient
to confer. This provision should be
limited in its application, TO counties
above a prescribed minimum popula-
tion. The objection that the judges
OF the Comfy Court are not generally
chosen with view 70 the performance
Of judicial duties. wouid probably cease
afttr the Court itself is thus recon.
s,racted. Should this plan meet your
approhalion, it would be advisable to
SO provide that the new system will
not 90 into operation until the close of
the present year, and afford the people
an opportunity at the ensuing fail cleo
ton 10 select judges with reference to
10 the increased duties and response
biliiies of the new Court.
COUNTY AUDITOR
Concurring with the Auditor OF
State in the opinion that a change can
be made i'll the presen, systen oi coan-
~ government, which viii condnce TO
greater accuracy and dispatch in the
transaction OF local business, and also
render more satisfactory the fiscal re-
latious which must always exist be-
tween the State and the eounties, |
recommend that a law be passed Vs-
taalishins TIC Office Of Auditor in all |
counties having $4,000 inhabitants !
and upward. The Incompatible duties
nov imposed upon The Clerks o. the
District Ceurt. rendered onerous and
exceedingly complicated in the popa-
lous counties, cause much delay Ind
sometimes fatal errors in important
matters pertaining to the pabiic rev.
euas.
REVENUE Ian.
Under OR present revenue law, ard
tie Ceueralls loose manner OF is ex-
ceation. opportunities are afforded cor
Withholding a large amount OF con-
ceaied capital FROM tie tax lists. To
4 great extent, monies and credits are
not faithfully returned to the asses
sors, and thereby much Of this class
OF property escapes its full share Of
taxation. III this manner, it cannot
be denied, frauds are perpetrased np-
On the State and local revenues. THIS
system OF abuse can, in my iud -e-
ment, in pa- be avoided. The laws
should be So amended as to require
the assessor TO take the affidavit OF
every person whose property is enlist
ed and return the same with tie tax
lists as evidence for all purposes, civil
and criminal The County Treasurer
shoLii also be required. apon intorm-
alton received that a false return OF
property has been made, to Summon
the party before him for examination
under oath, and also 10 take other
testim ony. and decide the case ac-
cording 10 the facts. l. should be the
duty OF the Treas lrer 70 do this uader
severe penalty for its omission. Such
law would doubtless produce bene-
tieial results. Capital should not be
permitted TO assume any form or take
any direction that will shield it from
a just and equal share in the burdens
ofgoyernmen,.
REGISTRY Law.
The attention OF the Genera. As
sembIy has frequently been invited to
the importance of well devised reg
istry law, whereby increased regular
ity may be impaired TO onr electoral
system, and the perpetration OF frauds
prevented. The purity OF the elective
franchise is essential - tie stability
and perpetuation Of Republican gov
ernment; and willie the elective priv
ilege should be impartially distributed,
its exercise may and should be defined
and regulated by statutory enact
ments calulated TO preserve It from
abuse. therefore repeat the recon
menda'ions heretofore made, add
urge the adoption OF such law.
ApJUrANT GENERALS OFFICE AND RE-
POET.
In December last. on the compile
ton of State Arsenal at Des Moine-,
l directed Adiutant General Baker ic
remove his Office with all the proper
ty therento belonging to the Cspital.