The Lincoln County herald., 1873-01-15

IOT tu0 eeklU8 C0Ws tuIuk. 90 WIN
prosecuting attorneys, clerks, shsriifs and
witnesses 10 criminal oases. They trou.
bic themselves bot little in efforts to col.
lsct claims sgsinst individuals when the
treasury of tho state is open to them. Let
every officer Of court, and every witness
in criminal cases, take their chances for
remuneration out Of the party indicted,
and whilst now and then . fee may BE-
lost, in most cases they will manage to
get II out Of the party who ought 10 pay
it. The question now arises. Hew can
the parties rendering services get com.
pensatiou in cases Of scquittal? l 90.
swer, they must lose it. But whom this
is known fewer innocent men will bs in.
dicted and more guilty ones punished |;
fewer deserving convictions will escape,
in consequence of the sheriffs failure to
discharge his duty, and have the witnesses
necessary to conviction before the court.
or because the prosecuting attorney has
connived At an acquittal. There 10 an.
other consideration meriting attention in
this connection, and that 10, that officers
make their money easier, and make more
Of it than do the masses Of the people.
Hence We see every Office in every county
in the state rs strongly contested for.
Does any one suppose that there would
bs fewer candidates for the Offices Of
prosecuting attorney, clerk and sheriff,
10 the different counties in the state If
the law allowing costs to be paid out Of
the state aud county treasures were re.
pealed? No one will say 30. We oil
know there will be just as many candid
ates, and just as good and efficient Off
Gers after the law 10 repealed as now.
The laws Of some Of the states, among
which are Kentucky aud Indiana, be-
lieve, have never allowed compensation
to BE- paid out Of the state or county
treasures for costs in criminal cases 10
which there was an acquittal, aud in no
case upon Indictment or prescutusut for
misdemeanor, whether the party was
convicted or acquitted.
Again, the cost Of conveying convicts
to the peniteptiary, allow me to suggest,
is several times greater than il ought to
b. 1ustead Of making it the duty Of the
sheriff to convey them to Jefferson, the
Law ought to be 20 changed as to make it
the duty Of the court in which the con.
viction is had to give tho warden Of the
penitent,ary immediate notice of the
fact; whsrsupou tho warden should send
for the csnvict. receiving as compensation
the actual expsnes incurred.
Vof 80 ~ q n thsa NaoIAaa anil
unbearablo drain upon the finances Of the
state and counties. l know that the
officers who are interested, and who wish
to make all the money they can while
they are 10 Office, will oppose the measure
suggested, and I would not be surprised
to see the lobbics filed with them 10 de-
feat the passage Of the bill, should one
be introduced. But, gentlemen l assure
you that the great body Of your consti.
tuents, the men who have to pay these
cost bills, will sustain the view have
presented upon tho subject, or am
greatly mistaken.
In reference to our benevolent Institu.
tions. normal aud common schools, state
university, etc., etc., I can only deal in
general terms. Indeed, l have no speoi
flo suggestions to make 10 regard to
them. l do desire. however, to say, the
state that fails to make suitable prov:s.
ion for the care, comfort and general vel
fare Of the poor, the unfortunate, afflicted
aud helpless within its jurisdiction falls
short Of the civilization, demands and
renuiramcnts of tha apa.
So far % common schools and the state
university are consernsd, they are safe
having found Judgement 10 the eous.i.
tuition, and home in the hearts aud af.
fsctions Of our people. 1t is made your
duty, gentlemen, BY the letter a,d spirit
of our organic Law, ITO establish and
maintain free schools for the gratuitous
instructions Of oil persons 10 this state
between the ages Of Eve and twenty. .oue
years." The constitution further dc.
olares, 1.-THE general assembly shall also
establish aud maintain state university"
The provisions of the constitution men.
toned, are plain and imperative. They
impose specific and veil de6ued obligs.
tions, and such a. no senator or reprosen.
tative can avoid. To establish . system
Of con mon schools and state university
are not more clearly demanded, than Is
their maintenance after they are estab-
lished. l do not know what construo
ton you or others may place upon the
term "maiutain." or how far you may
conceive yourselves bound to 60 in max.
ing provision TO carry out and into
proper effect the constitutional obliga-
tious which it imposes. My own opin.
ion Is that Q suitable and proper provis.
ion, such as tho wants and necessities OF
the common schools aud university re.
auire to enable them to answer the d. 4.
nands Of the people, and to accomplish
successfully the great ends for which
they we're designed, are demanded by it,
II 10 for you to determine whether oil has
bees dope that should be done by the
Legislature, under the provisions Of the
sssstitstion mentioned. There 10 one
matter. however. gentlemen, that wish
70 neu.ion 10 this connection aud that