The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1883-02-06
A Long Session Over Mr.
Heard's Supreme Court
Relief Bill.
After a Lengthy Debate, the
Measure Fails of a
Majority.
A Synopsis of the Speeches
in Favor Of and
Opposing.
A Report of All That Was
Done ut the Capital
Yesterday.

Done ut the Capital
| Yesterday.
special to the Bazoo.
JEFFERSON City, Feb. 1.
As was anticipated, yesterday was field
day In the house, the occasion being Tn,
consideration OF Senator Heard's bill fOl
the relief of the supreme colrt.
When the bill was placed upon its thirG
reading, Mr.. Stapleton, of Barry, opened
the discussion, by Offering an aneudmen
to the bill, providing that the commission
ers be appointed BY the governor instead o.
the supreme court. In support of thi,
amendment, he argued that the appoint
ment OF this commission would be regarded
as political patronage, and that the Judi
ciary should not be associated vita any.
thing of this kind.
DIR. Storts, of Phelps, offered substitute
for Mr.. Stapleton's amendment, providins
that the appointment be made by the gov
ernor, with consent and advice of the SEN
| ate.
Mr.. McGinnis objected to taking the ap.
pointments from the supreme court, as
provided for by the original bill. He
looked upon the bill at best as but board
OF arbitration, nothing more nor less.
Mr.. Carter, of Lafayette, conceded with
the gentleman from st. Louis. No rehec-
ton was being cast on the governor by re-
fusing to give him this additional ap-
pOintive power. He Relieved the section
should remain as in the original.
Mr.. Gage, Of Jackson, made a careful
review of the section and the proposed
amendment from constitutional grounds,
amid the marked attention of the entire
house. He opposed the amendment AS
. matter of constitutional law, this COM
mission must be appointed a. . judicial
act, else its legality might Justly be doubt
ed The implication had been made by
Mr.. StOrts that the supreme court was a
political power. He hoped not, and trust
ed the assertion would not be made again.
He reviewed the election of the supre The
judges, and showed it would be impossible
Tor the supreme judges to use the power
for their own benefit, but that the politi-
cal end might be reached by giving the
power to the governor. He trusted the
bill, as it came from the senate, would be
retained and the amendment be voted
down.
Mr.. Bashaw, of Monroe, said the gentle
man from st Louis, Mr.. McGinnis, in a
brief speech got a I the milk in the cocoa
nut, as he always did. The whole tenor
and scope of the bill was wrong Ii was
merely q board OF arbitration. The con-
stitution provided for the election of Eve
judges by the people, and the statement
that the legislature could create this adj
ditioual court and legalize it by calling it
a commission was absurd. There were no
provisions in the bill by which a litisant
could ever reach the supreme court of the
state, and the constitution of the state
gave every man the right for his day in
the court of last resort. He was not there
TO debate the question of appointment, but
if this bill passed, the court with this sp-
peiDtive power would be brought in dis.
repuie drought the state by being accused,
whether falsely or not, of putting these
appointments where they would do them
The most good He entered his solemn pro-
test, as he had ON two previous occasions.
against the comforting of this additional
political power on the supreme Judges. If
the people did net hear the complaint Of
corruption before the sonRsters come for
the spring, the lion and the lamb would
lie down together, and all men become
inst one 70 another; but he did not believe
Missouri had as yet become as pure as
that. Ii mattered not as a matter of con-
stitutional Law by whom the appOintments
were Made-the pending bill was unconsti-
tutional in any manner it could be fixed.
Mr.. Kent, Of st. Louis, declined to 20
into . review of the constitutionality of
the pending bill. He thought if the
able argument of the gentlemen from
Jackson had failed to settle that point, q
voice raised from the dead could not do it.
He said this was bill for the relief of the
poor, to give them protection from rail
roads and corporations, which appealed
cases simply as q matter of delay. One
third OF all the cases appeared came from
such sources. The docket was in such a
condition now that ii no more cases were
added the last case could not be reached
inside of three years. He continued at
length, explaining the necessity OF the bill,
and came to the reasons why the pending
bill should pass. He claimed they were
not making an experiment. The path was
lit up by the lamp Of experience ii New
York, Ohio, Tennessee, Texas and Indiana.
They had all adopted a commission to
clear up the docket and assist the supreme
court. The law of Indiana was almost
with the one now pending.
Nearly twice the number of cases had
been disposed since the creation of that
commission that we're reached in the same
period before. He sent to the clerks desk
a letter from I. A. Hendricks to fortiiy
and sustain his remarks He referred to
and read extracts from a number of other
letters. He closed with an eloquent an
peal to the house to do something for the
relief OF the poor litigants of the state
for the glory and grandeur OF
Missouri. and to pass the bill as it came
from the senate.
MIR. Moran of Buchanan made an ex-
tended argument in favor of the bill as it |
came from The senate, and against the