Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1883-01-11

sired purity. impartiality and calmnessof tie
judicial character
The Supreme Court, in giving this construc-
ton, have voiced the sentiment and feeling
OF the people, as well as given the true meaR-
ing OF its terms. The intention of the Consti-
tuition Is that the judge shall be divorced
from politics, and that his Office shall not be
used as a Stepping-S to other Offices 1t
means the office, the Judge ana court, shall
be taken out OF the arena of politics, and the
character OF the judge placed above re-
prOach, and his honesty beyond question.
When we reject that such q vast number of
the decisions OF the Judge are IN matters OF
discretion. 1t Is of the utmost importance that
they should be believed to have been made
honestly and fairly. If q Judge Is a candidate
for office, or engaged in electiOneering, the
lawyer or Hti%ant against whom ruling is
made on matters in the discretion of the
court or Judge, will regard i1 as partison and
corrupt Even in such cases if q Judge makes
an honest aud impartial ruling he does not
get credit for it, and the attorney party.
against whom the decision was rendered viii
insist that it was dishonest aud partial, and
1T is therefore more important that thu Goa
Duct OF the Judge shouid be above rep oach,
and the court believed to be in fact tue sane
tuaI'y OF justice so as TO secure the confidence
of the people.
In our State, having an elective judiciary,
this necessarily must occur with judges who
are candidates Tor reelection to judicial OF
fees, but the reasons are a thOuSandfold
more strong when another than judicial Of
fee is sought by 8 Judge. While it IS true
that many decisions of the judge may be
viewed, it Is also true as a general rule that
matters of discretion are not subject of re-
view, except when the discretion is abused
But 1t Is difficult matter and often imposSi-
b e to show an abuse OF discretion even in
hagrant cases. Years ago, while in the prac-
tlce OF the law, L have seen the discretionary
power of jud re often eXerted wrOngfullY,
wllfulIy, in favor of the lawyer or litigant,
ana even jurors who were understood to be
FACTORS in Il prospective caucus or political
convention, and can feel the necessity and
Importance of placing our Judiciary on q
plane where it will be above reprOach, and
beyond criticism, so that party who invokes
the law in his favor, can feel that while a de-
II, honest
one, and not dictated by favOritiSm or par
tiaity to political supporter. The security
of life, the title to property, and the vindica-
ton of character, are each so dependent on
an honest, upright and impartial Judiciary
that above all else its integrity, honesty and
1mpartiality should be preserved.
For the purpose of securing the advantages
OF Il pure judicial system, rs contemplated by
the Constitution, and securing the confidence
and support of the people, it is important
that this end should be secured by such iegiS-
IatiOn as will etfectuaily keen the judiciary
and the courts above reproach. To this end
deem it a matter of the highest Importance
that you provide by law that all bnIlots cast
for person holding the Office of Judge be de-
clared absolutely void; Except for Il judicial
Ofhce) that such vote shall NOS =, canya ssdd,
issued by any board OF canYaSserS to any per-
son holding a judicial office, except the one
excepted by the Constitution.
REPORTS.
The biennial repo, is of the various State
officers, regents OF the educational institu
tons, commits sion of insurance, penitennary,
mitted 10 you for examination and informa-
ton. 1t would be tedious to attempt syn
OpsiS of their contents, withOut any real ben
emf TO You, an q no eplGOule WOulu convey to
your minds the information and recommend
alton Submitte ed fOrYOurcOnsiderutiOn as well
a. a careful examination made for yourselves.
STATE LANDS.
Under the present system OF selling the
State lands unnecessary ana useless eXpen-
ditures are incarred. The expense of selling
| the school lands is largely in excess of what
/ under
| Every organized county, ilnd9C the present
| system has it's separate officer to audit an
! allow these expenses, and this officer, under
! the law, is authorized to draw his orders on
! the County Treasurer for the payment of
| these expenses, out OF the proceeds of the
| sales of such school lands.
! 1t is shown by the records the Office of
! the Auditor of State that the expenses of the
| sale, and collections on sales, OF the Common
! School lands, Agricultural College lands,
! Normal School lands, and State University
lands, for the last biennial period, " ere S3T,
| 1882. Auditor Bonebral1e who has given the
| matter much thought and careful inYeStiga-
! ton, in his biennial report for the year 1880,
! says: "a Land Commissioner, at a satary of
S. 10000 per year, with clerk hire of s. 900. 90,
/ and contingent 1unu OF 81 O0O. 90, could do
! the work OF the department." thus making Il
| biennial saving of about $23, 000G0; q sum that
| should be saved to our educatiOnal funds.
! 1t will also be recOllected that already there
! has been direct known loss to tine school
! funds, by the defalcationS of County Treas
urers, of S3I 000.00, and to the funds of the EN-
| porIa Normal School of $4,000. The losses
| and defalcaiiOnS are liable to continue, and
| with our present tax system of management,
| with no definite means of aScertaining, at any
! time, the condition Of the sales of the school
| lands, or the funds arising therefrOm, these
! defaIcatiOnS NAV largely increase in the
! future and make serious inroads on Our
means of maintaining our present magniti-
! cent school system. The importance OF the
! interest involved; the security of our school
! funds; the ecOnOmizing in the expense of
| their sale, with Il like Interest in our State
| educational institutions, ali admonish US of
! the Importance OF taking some immediate
! action for their safety and control.
| 1 concur in the views and opinions eX-
/ sors, Governors Anthony and St: John, that
| The present laws governing the sale of all
| State lands should be revised. a law Gre
| ating the Office of lana commissioner to have
! sole charge OF the sales OF all State lands,
| should be enacted, ami all payments both OF
principal and interest, should be paid by the
| purchaser directly into the State Treasury.
COUNTY ASSESSOR.
| The present system of appraising or value
| ing real estate for taxation is very detective.
| and city assessors, and thus in many counties
! there are u dozen or more persons engaged
! values; some interested IN reducing them
| while others may be giving honest
! and fair values to real estate, each appears to
| be anxious to have the land in his township
valued less than the other in the county.
! This system results in great inequality OF
| appraisemen5 even in the same county, and
! places the taxable value of the real estate fan
| below what it should be. While this does not
benefit the tax payer, or reduce or increase
the amount OF tax necessary to be raised il
| works a ealinjurY to the State, and especially
our municipal organizations by making the
rate of taxation appear higher than it really
is, and suggests to those not cogniZant OF tn {
abuse OF our system, u heavy rate of taxation
when in fact 1t is quite the reverse. 1t also
fails to show the rapid increase of values, and
| the true value of the taxable wealth of state
l therefore recommend to your favorable
| consideration, as q means OF remedying. in g
measure, the more serious defects of the
present system, the appointment OF election
of "A county assessor, whose duty it should be
! to appraise real estate only, every third year