The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1871-11-09
SUBJECTS FOR LEGISLATIVE AC-
TYnN


formed by the Legislature this win
ter, and among other measures advo.
Gates the taxation of railroads the
same as other property, and not on
their gross earnings as heretofore;
that is, that tho road bed, machinery,
depots, &C., should be assessed at the
same relative valuation as individual
property is assessed, and pay taxes
as other people do for the support Of
the State. This principle is certainly
a just one and VIC believe is the cor
rect way to collect taxes in all cases.
1t also advocates the regulation of
railroad tariffs, a power which we
doubt. If we make railroads pay
taxes as all other people pay them,
we cannot conceive the right of the
State to set a price upon their labor,
any more than they could on that of
private individuals, unless the State
had given, in some way, material aid,
or privileges to such roads, and re-
served the right to so regulate freight
and passenger tariffs.
1t also suggests that several propo-
sitions will DO made to amend the
Constitution. We can see no neces-
sity tor an amendment of the Consti.
tuition at this time, unless it would
be for the purpose of creating q
larger State debt; and we think there
is no necessity for any change, nor
if any were submitted we do not
think the people would approve them
If for the purpose of enlarging our
State debt, we are sure it would not
be endorsed by the people.
The Times also suggests that ''the
constitutional limitation upon the
numbers of Judges ought to be re-
pealed." Here again we do not
agree with the Times, but rather
think that there ought to be some
change in regard to the manner of
conducting our courts, and thus
lessen the labor and expense Of trials.
For instance, under our present sys.
tenn, Scruggs and Bugs are neigh.
bors in the country, they get to
quarolling sbout the possession Of a
NANCY calf worth So, and as they
cannot settle the matter amicably
between themselves they resort to
law, and 60 before Esq, s., to try the
matter. The decision (no matter
which way it isl is not satisfactory
and the losing party appeals to The
District or Circuit Court. Here .
jury of12 men have to set on this al
important ease, and spend from one tt
FIVE days adjudicating the all-impor
tant calf question, and all too at til,
expense Of tao payers, who are in NJ
way interested as to whether Bugs
or Scruggs wins or loses. Again
violaters Of the law, and more espec
tally important criminals, invariably
take change Of venue to some othel
county than that in which the Offers,
was committed, and rs such cases ar,
generally prolonged to an indefinit'
length, in this way counties hav,
immense bills to pay they would no
otherwise. What does A. county
care for expenses to B., when Q
change OF venue has been taken
when all the costs after the first day
are to be paid by tho county in
which the case is tried?
| We conceive that the remedy need
ed, to relieve our courts of such a
pressure of business, is to compel all
lHigonts to pay all cts iact'r ed, jury
fees included, and then you will end
less quarrelsome people going to law,
or if they will law it will be at their
own expense, not At that Of the PEG.
pie who do not care q straw who
wins. 1t may be said in reply, that
poor man then would not have jus.
tice done him, that the expense wo'd
deter him from entering our courts;
but this is all bosh a court of equity
would do just as much justice as .
jury, and in ninety-nine cases out of
a hundred more.
The Times also advocates the abol-
ition of the grand jury system, and
we give it's remarks entire on the
subject, as we believe they will meet
the general approval of all who have
thought upon the subject:
Another cumbersome piece of legal
machinery which the legislature
ought to have power to get rid Of, is
the Grand Jury System. Other
Countries, and several States of our
| Union, have already abolished it, and
introduced other appliances more
efficient and much more economical.
Like many other venerable institu-
lions it has served its purposes, but
outgrown its usefulness, and were it
not for the essentially conservative
character of the legal profession,
would long since have given place to
to something less cumbersome. 1t is
not u protection against malicious
prosecutions, for the e,r parte charac-
ter of it's examinations rather assist
that restrain these. Nine-tenths of
it's examinations are but the repro
duction Of Investigations had before
some committing magistrate, upon
whose records the prosecuting attor-
ney, or some one else appointed for
the purpose, could just as we'll de-
eide the propriety Of Indictment,
without this second examination and
the expense attendant upon It, 10
any ,nottor IF falonv tho ,pitnaso 10