Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1874-01-23
THE NEW CODE.

I SO--
On the first day of last September the
new code, which has been in preparation
for some years. and was finally carried in
to law at the adjourned session ofthe 18th
General Assembly, took effect throughout
the State. The code commissioners hay
ing the revision in charge performed their
duties faithfully and with marked ability.
The legislature thoroughly and careful
| y reviewed, and to some extent revised
their report, and gave it the character Of
Of law by passing upon each title in the
ordinary method of statutory enactment.
After all the precautions, however, which
were taken to make it as nearly perfect
as the nature of such work would ad
nit, it will be found to contain imperfec-
tions OYersights and errors, and will
doubtless require amendments and cor
rections in many particulars by this Gen
eral Assembly. So long as the people are
required to know the law, and are not ex
cused from penalties for its violation
when they are ignorant Of its provisions
it should be plain, compact and accessi-
BILE to ALL 1t is often necessary, after a
statute has been amended and perhaps
re amended, to have so keen scent in
searching the intricate maZes of an index
as to be able to detect by a faint and shad.
owy allusion the connection between an
amendment and the original act, in order
| to determine what the law is. If this is
| so in respect to those who are practiced
in the investigations of law questions, it
is not difficult to see that one unaccus.
toned to such investigations will be left |
| entirely in the dark after a law has pass
! cd the ordeal oftwO or three amendments |
| would, therefore, recommend, as mat
| ter of Justice and convenience to the peO-
| pie, that when a law requires amendment
the section amended be written in full,
with the amendment introduced and oc
cupying its proper place. Experts fire.
uucntly become confused in matters of
law, when amendments are enacted read
ing as follows: "Section - of chapter
of title - is amended by adding the
| word - in the fifth line of the section"
This could all be made plain, and remove
every excuse for lack of knowledge with
regard to the existing law, by inserting
the words in their proper places, and re-
cnacting the entire section.
| A difficulty which may here mention
occurs in the construction of section 100,
which permits Boards of Supervisors to
allow exemptions on account Of trees,
hedges, etc; and in which occurs this Ian
guage: No person shall have any per-
sonal property more than one half his
real estate exempted" Qrom taxation on
this account.) The design seems to have
| been to provide that neither personal
| property nor more than onehalf the real
| ty should he eXempted; and this l sng
gest to the General Assembly to declare
| by proper amendment of the section,
which needs revision throughout, an
amendment adopted while it was under
consideration having made that part con
tcmplating "proportionate" exemption
surplusage.
NoTARIES PUBLIC.
| Section 25S Of the code uses this Ian.
guage: "The commissions of all notaries
public heretofore, or hereafter, issued pri
or to the 4th day of July, A. d., 1876,
shall expire on that day." This would
seem to continue all commissions which
would expire by their own limitation,
subsequent to the taking effect of the
code, until July 4tb, 1876. Yet, as no
| provision is anywhere made for renewal
Of official bond for such extended com.
mission, it is doubtful whether the extern
sion was really intended. In view ofthis
want of penal obligation for the proper
| performance of the duties of the nOtarial
office, have decided to vacate all COM
missions at the end of the three years
for which they were originally issued, un-
| til the Legislature should have an opportu.
| nity for revising the statute, and making
provision. if it so desire, for the filing of
new bonds.
The code aiming to rid our tribunals
of professional jurors, provides that if
| there be not the required number of trial
jurors in attendance at any term of court
| the deficient number shall be drawn the
same as the first, and not selected at the
discretion of the sheriff as formerly. The
| immediate effect of this enactment has
been to delay the business of the courts
sometimes for several days, before the
newly drawn jurors could report; thus
of course, much increasing the cost to the
county. I would suggest that this be
remedied, perhaps by providing that
larger number than will be needed shall
be drawn and summoned, SO as to cover
those who from any cause do not re-
spond. 1t docs not appear advisable to |
return to the practice heretofore preva.
lent of summoning jurors from bystand- |
ers. Indeed, it would seem proper that |
the grand jury should also be completed |
from the jury list, if the difficulty which
has attended the application of the rule
to trial jurors should be obviated
THE INSURANCE LAW.
In the Auditors report several sugges
tons are made respecting our insurance
law, which demand early attention. Ma
ny provisions of the law in its present
form are irrcconciable With each other
while some of its most important sections
are so confused and obscure as to render
them difficult of Interpretation even by
persons learned in the law. While there
arc SO many acknowledged defects in the
law itself, coupled with the fact that even
the greatest limit of time allowed to com
panies in which to file the statements re.
quired of them is evidently too short, it
seems to me that the legislature should
at an early day so amend and simplify
this law rs to make it Ineligible in all
its parts and reconcilable with the end
sought to be attained The design ofthe
law was to protect tho insured and their
heirs, but some Of its features are entire
ly inconsistent with the object sought.
Speaking In behalf of those whose inter
ests in insurance companies is that of
policy holders, and not tor the managing
officers and stockholders, my convictions
are strong, and l believe they are found
ed upon the true theory Of public policy
that the super vision of these companies
shoul d be solely and entirely in the hands
Of the State Auditor, with power in spec
ial cases, to call to his aid the Attorney
General, or otherwise to obtain proper
legal advice. l cannot but regard any
law which may be distorted into an in
strument for putting money into the peck
ct of private informer, without refer
encc to the benefits society is to receive
therefrom, and with no pretense ola de.
sign to punish willful defiance Gifts pro.
visions, as pernicious in its effects and
oppressive in its character l believe, ,
therefore, as the Auditor is the best Judge
of the nature Of an offense against the
law of which he is the supervisor, that he
should hayc the power to determine when
the law is willfully disobcyed, and whcth
cr the protection OF the community and