The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-01-04

and fairly. Ii a judge is 3 candidate
for Office, or engaged in electloneering
the lawyer or htIgant against whom q
ruling is made on matters In the
discretion of the court or judge, will
| regard it as partisan and corrupt
Even in such cases if a judge makes an
honest and impartial ruling he does
not get credit for il, and the attorney
or party, against whom the decision was
rendered will insist that it was dishon-
est and partial, and it is therefore moro
important that the conduct of the Judge
should be above reproach. and the court
believed to be In fact the sanctuary of
Justice so as to secure the confidence of
the people.
In our state, having an elective
Judiciary, tins necessarily must occur
with judges who are candidates for
reelection to judicial offices, but the
reasons are thousandfold more strong
when another than a judicial Office is
sought by a Judge. While it is true
that many decisions of the judge may
be reviewed, 1t is also true as a general
rule that matters of discretion are not
q subject of review. except when the
discretion is abused. But it is difficult
matter and often impossible to show an
cases. Years ago, while in the practice
of the law, have seen the discretionary
power of judge often exerted wrong
fully, wilfullY, in favor of the lawyer or
itigant, and 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 beyond
criticism, so that party who
invokes the law in his favor, can feel
that while decision is made against
him, it is an honest ne.and not dictated
by faYoritism or Partially to poiiti-
cal supporter. The security of life, the
title to property. and the vindIcation
of char acter, are each so dependent on
an honest, upright and impartial
judiciary that above all else its integri.
itv. honesty and impartiality should be
preserved.
For the purpose of securing the
advantages of pure judicial system. as
contemplated by the constitution, and
securing the confidence and support of
the people, it is important that this end
should be secured by such legislation as
will effectually keep the judiciary and
the courts above rsproach. To this end
| deem it a matter of the highest impor-
lance that you provide by law that ali
ballots cast for q person holding the
Office of judge be declared absolutely
void; Except for judicial ofice) that
such vote shall not be canvassed, and
that no certificates of election shall be
issued by any board Of canvassers to
any person holding a judicial office,
except the one excepted by the constitus
ton.
REPORTS.
The Biennial Reports of the various
state officers, regents of the educational
institutions, superintendnt of insurance,
penitentiary, and state charitable insti-
buttons, will be submitted to you for
examination and information. 1t
would be tedious to attempt synop-
sis of their contents, without any real
benefit TO you, and no .epitome would
convey to your minds the infer
nation and recommendation submitted
for your consideration as well as a
careful exam ination made for your
selves.
STATE LANDS.
Under the present system of selling
the state lands unnecessary and useless
expenditures are incurred. The expense
of selling the school lands is largely in
excess of what it 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 or
ders on the county treasurer for the
payment of these expenses, out of the
proceeds of the sales of such school
| lands.
It is shown by the records in the
Office of the auditor of state that the
expenses of the sale, aud collections on
sales, of the common school lands, agri-
cultural college lands, normal school
lands, and state university lands, foI
the last biennial period, were $37 ,778 81
| Auditor Bonebrake, who has given the
matter much thought and careful IN
vestieation, in his biennial report fol
the year 1880, says: "a land commits
sioner, at salary of 81, 10000 per year
| with clerk hire of 100000, and &
contingent fund of 100000, could dc
the work of the department, thus
making a biennial saving of abou
$22 100000; sum that should be saved
to our educational funds.
Il Ii VIII dISO no LOCOlAOOOOA baSV a.
ready there has been direct known
loss to the school funds, by the defalca
lions of county treasurers, of $37 10000
and to the funds OF the Emporia nor
NAL school of 100000. The losse
) and defalcat,oas are liable to continue
) and with our present lax system o
management, with no definite mean
of ascertaining, at any time, the condi
3 ton of the sales OF the school lands, o
the funds arising therefrom, these de
falcations may largely increase in tn
future, and make serious inroads o.
our means of maintaining our preSen
magnificent school system. The i'm
. portance of the interest involved; til
security of our school funds; the econc
J MIXING IN the expense of their salt
!. with a like interest in our state edU
: cational institutions, all admonish Q
! of the Importance of taking some In
|. mediate action for their safety and COZ
j. troll.
Il I concur in the views and opinion
: expressed upon this subject by m
predecessors, Governors Anthony al
: st. John, that the present laws govern
: ing the sale of all state lands should
revised A law creating the ofhce
land commissioner, to have sole charl
7 of the sales of all state lands, should
u enacted, and all payments, both
!. principal and interest. should be pa
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