The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1874-04-18

mittee of sundry legislative wiseacres, ASSISTED
nv n prodiciously wise man named fiurd
were consigned to this work. They spent
nearly two years upon it (at $4,000 year, ana
last January laid their job before the legisla
ture in the shape of some $50 bills, covering
every conceivable object of Legislative reguia-
ton" SC To this l would say:
First-No law can be repealed by mplica'
ton.
Second-A constitution is restriction up
on and not nm enlargement of legislative
power.
7hird-Thc legislator" may enact, but the
courts must construe the laws.
FouHh-Thc adoption of new constitu.
ton neither enacts or repcals any statute law,
1t may suspend their operation until the
courts pass upon their constttuttondIttH and
the courts will not declare such a law void,
unless there appears to be clear and une-
uuivocal breach of the constitution.
Ffh-The commission to review the laws
was appointed by Gov. Ogesby, under the
act approved March Sth, 1869, and long before
the adoption Of the new constitution.
Sirth--lnstead of the appointment OF "a
committee of sundry legislative wiseacres,"
Gov Oglesby, in conform ity with the act APP
pOinted one member from each of the three
grand divisions Of the state to revise and re-
write the statute laws; Mr.. Shaffer from the
first, Nelson from the second, and IIurd
from the third grand division, were appoint
ed in 1859 Mr. Shatfer never took any part
| in the matter; Mr.. Nelson worked on the
commission until the fall of 1871, when he
was elected to the eth general assembly, and
resigned as % member Of the commission
Hence Mr. Hurd was the only one remaining
A large portion Of their work was reported 20 |
the 27th general assembly, and passed and
became the law.
Again; a number of revised bills prepared
by Mr. Hurd were presented to the 2Sth gen
eral assembly at its first session, some of
which were enacted and others were pending
at the adjournment. A joint committee of
two from the senate and three from the house
were appointed to assist Mr.. Hurd in revs-
ing rewriting and printing such additional
laws as they should deem advisable, and re-
port to the adjourned session. This commit
tee prepared and submittedi ito the adjourned
session 81 bills. Of that number IS were en-
acted and defcated-9 Of these bills were
upon public charities and charitable institu.
tons and the other upon the subject of inju-
ries.
In revising these laws the revised commit
tee reported 927 laws as being imperative or
Der 1914 were repealed and wiped off the statute.
Nor is there in this vast number single pri-
vatc act.
The necessity of revision Of the statutes
has been urged tor years. 1t has been twenty
nine years since our statutes have been revis
cd. In the meantime the laws have been so
altered and amended that 1t was almost an
impossibility to determine the law in any Civ
en- case.
The example given in your article, !. e.,
"the revised statute entitled juries," was not
a revision bill. 1t was simply an attempt to
perfect the act concerning jurors in force
July 1, 1872, and if detective the revision
committee are not responsible. All that the
reylsors could do in any case was to examine
the laws for correction, and strike out extran-
couS matter and recommend such new provis-
ions as will tend 10 harmonic the whole.
In quoting the provisions of the jury act, you
quote from a misprint or from memory. You
say, Section provides that the county board
can at any time prior TO September 1874
make list OF 0nc.tenth of the legal voters eff
the county" &c. Now it so happens that
section 1 Of the act of lSi. reads as follows
SEC. /. Tho county board OF each county
shaA at or before the time of its meeting IN
September, 1872, and at the same tune in each
year thereafter, when necessary for the pur-
pose of this act, make u list of sufficient
number, not less than ne-tcnth Of the legal
voters Of each t0rn or precinct In the county
to be known as the jury list"
The act of 1874, which was an amendment
| to Ihat OF 1872, section /, provides, "That the
county board of each county shall, at or before
the time Of It's meeting in September of each
year, or at any time thereafter, when neces-
sary for the purposes of this act, make list
Of a sufficient number, not less than onetenh
of the legal voters of each town o. precinct in
the county, giving the place of residence of
each name on the list, to be known "a the
Jury list"
Section 2provides thata the Sept. meeting,
1874, and in each year thereafter, such board
shall select, sc, as stated, butyou fail to note
section % of said act, which is as follows:
"SEc % Until the first annual meeting Of
the several county boards of this state after
the passage Of this act, the lists already pre-
pared As the jury lists shall constitute the ju
Try lists provided for under section ! of this
act and jurors may be selected therefrom in
counties, when such selection may be neces-
II sary, at any time before said annual meeting
oil The county board in the manner provided