The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-11-08

established for the county offices. 1 also recommend that
the collection of taxes be vested in the county treasurer, and
the percentage on collections be abolished or greatly reduced.
There is no necessity for an intermediary officer between the
treasurer and the people. BY adopting this course a large
saving can be secured.
AMENDMENT OF STATUTES.
Experience and practice have demonstrated the ACCESSIBILITY
of certain notifications of several laws now in force. Chief
Justice Fisher has, in response to my request, favored me with
some proposed changes, which, his observations have convinced
him, would prove beneficial to the administration of justice.
His long experience upon the bench entities them to your
consideration. They seem to be based upon sound law, equity.
and common sense.
FTst-Subdivision 10, Section 1877, Compiled Laws of Wyo-
ming, relating to attachments, Discriminate harshly against
the interests of poor men and small dealers. In case of a
debt OF two hundred and fifty dollars and less, an attachment
may issue in ten days from maturity of the obligation. Above
that sum, it cannot. An alteration of this provision of the
civil code in the interest of equity, is certainly to be desired.
Laws should bear with equal force upon all alike.
CHANGE OF VENUE.
ScoOnd-There is in reality now no restriction in regard to
the application for a change of venue, in both civil and crmi-
nal cases. An INSCRIPTIONS person may make oath either
that the judge is biased against him, or that he thinks the
people of the county will not do him justice, and the court
has no discretion; the order for a change Of venue must issue,
regardless OF the expense to which the people are subjected in
the transportation of witnesses to the new place of trial. The
court should be invested with some discretion in the matter.
PENALTIES.
7Had-In case of a person convicted, say, of grand larceny
TO the amount of twenty-five dollars, the law provides that he
must be imprisoned in the penitentiary not less than one gear.
To any. who have been familiar with the administration of
criminal. justice, it must be evident that in some cases, one
year is too long a term of Imprisonment for a crime of that
grade. L would therefore change this by abolishing the mini
mum OF punishment, leaving the maximum to stand, and
entrust the determining the length of Imprisonment to the
judgment of the court. And i'll this connection I submit the
opinion that justice will be more impartially administered by
relieving the jury in all cases of the duty of fixing the penalty
and leaving it in the hands of the courts, who are better quail
flied for an intelligent discharge of such a duty than juries
can be.
WITNESSES.
Under our laws, there is no provision for paying mileage to
witnesses. This, i'll many cases, works great hardship; for,
oftentimes, witnesses are summoned from distant points, and
their expenses are considerable. A witness called in from the
street, and detained half an hour, is entitled to three dollars,
while one who is forced to come one hundred miles or more,
is only entitled to the same amount. If mileage is allowed
them, then it may be suggested whether three dollars per day
to witnesses and jurors may not be reduced.
SERVICE ON JUR1Es.
1t seems to me that the classes of persons exempt from scrv-
ing on juries, and the facilities for evading such service, should
be diminished. Any person who will state that his serving
on a jury will interfere with his business, can demand his
discharge. AS Il consequence, the beneht OF having good,
substantial citizens, the business men of the county, in the
jurybox, is lost, and the officer is obliged, ottentimes, to call
in to fill their places, professional jurors who hang around the
courts ofjustice in pursuit of three dollars per day. The duty
ola juryman is one neither to be sought nor declined. Every
good citizen should regard it as incumbent upon himself to
discharge it when called upon by the proper authority, for
each and all are interested in the faithful execution of the laws
and the impartial administration of justice.
Your attention is respectfully invited to the subject of pro-
viding for
THE PUBLICATION OF TIE DECISIONS OF THE SUPREME COURT.
Section 8, of chapter LOG, page SAG, Compiled Laws of
Wyoming, provides that as soon as one hundred cases have
been disposed of, the court may appoint a reporter, who shall
receive such compensation as shall be provided by law. Over
eighty decisions have already been made, and as the number
will exceed one hundred before another session of the Legis-
lature, it is desirable that provision be made before your
adjournment, for the publication of a volume when the num-
her shall reach one hundred.
Many of the States have furnished to the Territorial library
their Supreme Court reports for a few years past. Letters
have been received from officers of several States, asking us
to exchange with them, and notifying us that if we do not
they will cease to forward theirs. Upon being informed of
the facts, they have continued to send them, but will not much
longer unless we provide for an exchange. ..
ANNUAL ELECTIONS.
Reflection has led me to the conclusion that annual elections
can be dispensed with, and no detriment result to the public
interests.