The Brookhaven leader., 1884-07-03


without power to set aside its pro
visions 1t was unquystionably
contemplated by Hon. K. Il. Apple
white, our representative, who
drafted and introduced this bill,
that its provisions should be strictly
carried out; hut aside from any
thought that may have been in the
mind of the Legislator, it is plainly
male the duty OF the Board by the
Revised Code Of 1850 to provide a
suitable County Court House, and We
take it that the language of Section
| of this Act not only intended to
place it within the power of the
Board to carry out the requirements
of the Code, but in effect commands
it to do so after the manner pre-,
scribed in succeeding sections.
Section ,, requiring the Board to
levy special tax over and above all
other, levies, is clearly mandatory in
its character, and carries with it
the idea that special tax for the
payment of these bonds must be
levied, whether they have been sold
previously to the time for the levy
ing Of such taxes or not.
There are other points which will
be suggested to the careful reader,
which we have not space to note
here. We will add that the opinions
here set forth are concurred in by
one of our leading lawyers, who al
50 expresses the opinion that in
failing to carry out the Act rs pre-
sclibed, the Board have laid them.
selves liable to indictment; and still
another prominent attorney express
es himself as strongly inclined to
the opinion that the law is manda
tory in its character, and that the
Board cannot legally refuse to com
ply with its provisions.
The Board will meet again next
Monday, and we have introduced
the subject in the hope that they
will consider it and cndcavor to as
certain on unqucstionable authority
what is the full extent of their pow
er in the premises. II, as has been
assumed, they must needs go ahead
and lvey 81 ecial tax for the ray
meLt of principal and interest on
bonds issued as has been pre- seribcd,
it would be we'll for the Board to
take the necessary steps to have the
Bonds issued and Old as early rs
practicable, and have the Court
House built, as the burden Of taxa
ton would be the same in spite Of
the delay. But if on the contrary
it is decided that the Board can set
the law aside, it may as well he
considered that the Act is null and
void, for no Court Honsc can ever he
built under it in future except at
at greater disadvantage to the
county than at present.
The immcmOrial institution of
trial by jury, which for centuries
has been regarded as one of the
most css cntial rights of the citizen
and one of the most effective bar
ricrs against absolute power, is
itself on trial to-day, and is required
to show cause why it should not be
discarded and a more cfryctual
method Of administering justice
substituted for it, or at least why
it should not he reformed so as to
! yield more satisfactory results.
Some suggestions for the improve
ment of the existing jury system,
presented by Judge Robert c. Pit
mar in the North American Review
for July, under the title of "Juries
and Jurymcn," should, in view Of
recent notorious miscarriagcS of
Justice, receive the serious consid-
GRAFTON Of every thoughtful citizen.
"American Economics" by Prof.
Van Buren, Denslow, is q lucid and
forcible exposition of the grounds
upon which the protection thereby
of national economy is based. Judge
Noah Davis writes of Marriage
and Divorce:' DR.. p. Bender,
whose subject is The Annexation
of Canada" sets forth the advantages
likely to accrue to the United States
from the absorption of the Canadian
provinces; Prof. d. MEG. Means, in
an argument against Government
Telegraphy,' subjects the manage
mcnt of the Post Office to a most
| Snar.hiOr criticism. ChallnS II