Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-01-19

sired purity. impartiality and calmness Of the
judicial character"
The Supreme Court. In giving this construc.
non, nave voiced the sentiments and feeling
OF the people, as well as given the true mean.
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 he
used as a stepping stone to other Offices 1t
means the office. the Judge and court. shall
be taken out of the arena of politics. and the
character oil the Judge placed above re-
proach, and his honesty beyond Question.
When we reflect that such a vast number of
the decisions of the judge are in matters of
they should be believed to have been made
honestly and fairly. Ii Judge is a canCiidate
TOT ONCE, or engaged in electioneering, the
lawyer or l1tigant against whom a ruling il
made on matters in the discretion of the
court Drudge, will regard it as partison and
corrupt Even in such cases if Judge makes
an honest and impartial ruling he does not
get credit for il, and the attorney or marty
against whom the decision was rendered will
insist that it was dishonest and partial and
1t Is therefore more important that the con-
duct of the Judge should be above reproach
and the court believed to be in fact the sane
t1ary 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 for re- election to judicial Of
nces, but the reasons are q thou sandfold
more strong when another than a judicial Of
nee nee. Is sought by judge. While it IS true
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 it is difficult matter and often impossi.
pie TO show an abuse of discretion even in
Migrant cases. Years ago, while in the prac-
tlce OF the law, L have seen the discretionary
power OF a Judge often exerted wrongfully,
willfulIy, in favor of the lawyer or litigant
ana even jurors who were understood To be
factors In prospective caucus or political
convention, and can feel the necessity and
Importance of placing our Judiciary on a
plane where it will be above reproach, and
n hoe -.
the law in his favor. can feel that while a de-
cislOn Is made against him. it Is an honest
one, and not dictated by favoritism or par
ualty 70 political supporter. The security
OF lie, the title to property, and the vindica-
tlon OF character, are each so dependent on
an honest. upright and impartial judiciary
tnat above all else its integrity, honesty and
importantly should be preserved.
For the purpose of securing the advantages
OF pure judicial system, as contemplated by
the Constitution, and securing the confidence
ana support of the people, il Is important
that this end should be secured by such leyis-
lation as will efectually keep the judiciary
ana the courts above reproach. To this end
deem 1t matter of the highest Importance
that you provide by law that all ballots cast
Ior person holding the Office of Judge be de-
clared absolutely void; Except for a judicial
office) that such vote shall not be canvassed
and that m certificates of election snail be
issued by any board OF canvassers to any per-
excepted by the Constitution.
REPORTS.
The biennial repol Is of the yarious State
o1ncers, regents of the educational institu-
lions, commission of insurance, penitentiary
and State charitable institutions, will be sub
United to you for examination and informa-
ton. 1t would be tedious to attempt a syn-
Opsis of their contents without any real ben
ert to you, and no epitome would convey to
your minds the Information and recommend
alton submitted tor your considerations as we'll
as careful examination made for yourselves
STATE LANDS.
Under the present system of SELLING tha
state lands unnecessary and useless eXpen-
ditures are incurred. The expense of selling
the school lands Is largely in excess of what
1t ought to be, under proper legislation
Every organized county, under the present
system, has its separate officer to audit and
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 In the Office of
the Auditor OF State that the expenses of the
sale, and collections on sales or the Common
School lands, Agricultural College lands
Normal School lands, and State University
lands, for the last biennial period, were ST.
1882. Auditor BOnebrake, who has given the
matter much thought and careful inve stiya-
ton, in his biennial report for the year 1880
says: "a Land Commissioner, at a salary of
81 10000 per year, with clerk hire of s. 10000
and contingent fund OF S200O.00, could do
the work OF the department" thus making a
biennial saving of about So ,0O0OO q sum that
should be saved to our educational funds
1t will also be recollected that already there
has been direct known loss to the school
funds, by the defalcatiOns of County Treas
urers, of So 100000, and to the funds of the EN-.
pOria Normal School of $4,000 The losses
and defalcations 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
deiaicatons may largely increase in the
future, and make serious inrOadS on our
means OF maintaining our present magnifi-
cent school system. The importance of the
hn rr.fN rrNf
funds; the econOmiZing in the expense of
their sale, with Il like interest in our State
educational institutions, all admonish us of
the Importance of taking some immediate
action for their safety and control.
concur in the views and opinions ex-
pressed upon this subject by my predeces-
sors. Governors Anthony and st. john that
the present laws governing the sale of all
State lands should be revised law Gre
atlng the ONCE OF LAND commissioner, to have
sole charge of the sales of all State lands,
should be enacted, and 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 yalue-
ing real estate for taxation is very detective
This work Is performed by township trustees
and city assessors, and thus in many counties
who have different ideas on the subject of
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
appraisement. even In the same county, and
places the taxable value of the real estate far
below what il should be. While this does not
dement, the tax payer, or reduce or increase
the amount OF tax necessary to be raised it
works real injury 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 q
abuse of our system, heavy rate of taxation.
when in fact II Is quite the reverse. 1t also
falls to show the rapid increase of values and
the true value of the taxable wealth of state
therefore recommend TO your favorable
consideration, as n means of remedying i'm a
measure, the more serious defects of the
present system, the appointment or election
OF county assessor, whose duty It should be
to appraise real estate only. every third year