, 1873-12-02
THE NEW BURNT-RECORD BILL.


10 the Editor e} The Chicago Tribune:
SIR: Having, In my first 1ettor, shown, to my
own satisfaction at least. that some legislation
for tho restoration OF records ia necessary, will
now discuss briefly the plan proposed. BY this
moan8, something better may bo called forth.
There is no pride of paternity attaching to this
bill. Corrections, ohanges, improvements,
would DO gladly rocolved. will, howovor, pauao
to remark upon the objection made since my last
by very eminent jurist, "That he feared stir
ring tho mattor up would arouse litigation; TINT
wo were getting on pretty we'll, and the whole
matter would right itself 1t left alone" have
met but two prominent lawyers who deprecato
action in the promises. And, il ] am not mis-
taken, both OF these, very early after tho fire,
being thoroughly conveEsant with the titles to
their own property, perfected documentary owl
douco to the links In tho chains OF their ttlos.
Tho stor1n~toascd bark was viewed, in tho days
OF tho Roman satriHt, with species Of satis-
faction by those who woro securely housed upon
the solid rock. Human nature ia unchanged.
It Ia much easier to defend against vague
claim to our land now than it will be flvo years
hence, And it will 10 easier five years honco
tlan 1t will 10 ton. fteen, or twenty years latog
Each departing yoar removes landmark and
renders documents moro difficult to be found.
An tho difficulties Of defenBo increase, 80 VIC
think will increaae the daugor Of attack. Animal
organization is daily renewing itaelf. f.and III con-
quenco OF auch law OF nature, tho constitution
But is thoro anything in tho constitution OF land-
titloB which nakos it tho best euro for tho dis
oasea Of those 1itloa? Nothing except the bars
Of Limitation. They have been sufficiently nd
vertei to.
Tho cardinal points Of 3 Inv on this subject
arc ai1:
FIrsI-power in tho law to enforce itselt;
6econd-ConcluslYen In Ito raBults;
Third Protection Of righttul owners against
wrongful pretendors;
F'oa,tt-SpeeaineAH In action;
t!fM-Economy; md.
SiIah-plaoing the expense rhero It properly
belongs.
rctheso 4ogiderata to bo found in the pro-
posed bill. Lot ua Boe:
Ftrst-Tho Constitution Of tho State forbfdB,
AZ you say, the exercise of judicial functions to
othors than tho judicial tribunals. but tho pro-
ceduro unler this bill is judicial from beginning
Court, other directly or through its legslly-ap-
pointed oflcer8. There Ia not, as you suggest,
any unconstitutionnldologati Of powers. Now.
the county revenues depend largely upon the &C.
% sFsy yyss ana saX hs Of eeo ns ts'fs to sad a s
direct interest in and righ! to hayo suoh security
aud stability established. The county WAS the
custodian Of tue records, undor an implied agroe-
mant and pleu66 TO preserve taom. 1t AlR Ylo-
lated it's agreement aud boon falHe to ita truHt.
It il, therefore, also its duty to ask the
Courts to roatore these records. With this
right, and performing this duty, It commoicos
Auit for tho purpose. And thus tho Court &C.
qutros Jurisdiction in the matter. Tho Court
appoints Special Commissioners to do certain
things within tho province OF 8loh Commission
olb, Whoare, quoadhoc, Masters in Clancory: You
aay, tho Commissioners being unable to punish
for contempt, will 10 unable to enforGe attend
anco Of wituosaos or production Of documents.
Tho summons to appoar before tho Commission
ers will issuo from the Court. DisobodionGe will
DO punished by tho Court, al would diBobedlence
to any other OF itB mandateB. Tho power il
giyon tho Commissioners to compel attendance.
Tho machinery therefor IL Furnished through the
process Of tho Cont. Thoso Commissioners
simply sock, tld, and report upon tile facts al to
tltles. They do no more than Mas tors IN Cham
Gerry do. Tie Court, OIL these facts, iBsaos its
decree, Thoae deoroes will have all the force OF
any otllor Of tH leoreos, Ia there any lack ot
pQwer2
Sccond-The la,guago Of tbs bill gives Direct
ly, IN express terms, collclusiypnoEB. The only
question then iB, Las tue Legislature tho power
10 to dp2 It is pot questioned, I bolieyo, TINT
matters remedial arc IN the hands OF tho Lcg,s
laturs. Tho matter of limitations Is purely
remedial. Tho Legislature, therefore, can alter
or shorten tho rl[os Of limitation. And a,oh
altering or shortening IL not M Imphiring Of
tLe obligation OF c0ntlautH. The rocor4h Ut
oyery cs''ntY IN tue State are liable to dsatguo-