The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1885-01-23


to the founding, growth and progress of the
State, which would otherwise fu large part
pass away with the lepse of time. The entire
the State, and the most valuable portions of
them are the free gifts of IFS members and
other voluntary contributors. These colec-
paper filcs and pamphlets, nearly all relating
to or connected with the history and deyel-
opment of the State. The people, l believe,
approve any reasonable appropriations for
continuing the work of the Historical So
ciety.
DEPARTMENT RECOMMENDATIONS.
State officers arc required by law to men,
ton in their reports TO the Legislature such
apparent defects. inconsistencies, omissions,
or unequal or oppressive provisions of law
as they may have discovered. 1t is alleged
that very few suggestions and recomr1euda-
tons made Under This requirement by officers
mt the head of various departments of the
State Government have secured the atten-
ton of the law-making power. This, proba-
cult to interest members of the Legislature in
measures not coming within the scope OF their
Wonid experience he or oa1 ksaT
to appoint Legislative Committee
charged with the special duty OF
considering the suggestions and recommen-
dations thus made, and before which the
officers ut the heads of the various depart
nents might appear, and verbally present
their vIewsl Surely the results of the OBJ
serYatiors and experience of the department
chiefs would frequently be of great benerit
to the law-making power in the discharge OF
its duty.
THE JUDICIARY.
The Constitution provides for three JUS
tees of tie Supreme Court. 1t was adopted
when the State had less than oue-twelfth of
its present population. There has been. of
course, n corresponding increase OF HtiGa-
ton. and as consequence the Supreme
Court Justices have imposed upon them
labors and responsibilities not only over
tasking, but inconsistent with that deiibcra-
on their judgments. Article of the consti-
tuition should he amended as to authorize
five Justices of the Supreme Court.
There is grave complaint, also, concerning
the unequal division of judicial labor be-
tween our district judges. In four or five of
che eighteen districts the judges are over
burdened with work, while in some of the
other districts the labors of the judges are
light it is probable that we have enough
district judges to discharge all the duties
devolving on them with ease If these duties
were equally distributed. a general and
equitable redistricting OF the State, so as to
fairly apportiuu its judicial labor, would be
the best method of remedying the evil COM
planned of. If this can not be accomplished,
something should be done to relieve the
judges in those districts where, with courts
almost constantly in session, and business
dispatched with the utmost expedition, it is
impossible to keep the docketS clear.
REVISION OF LAWS.
There has been no authorized revision of
the statutes since 1865 Tho work of that
u
tial codification. An authorized revision, at
an early day. is imperatively required, and
the time is fast approaching when the whole
body of the law should assume statutory
form. This subject is now attracting much
attention throughout the country, and many
of the most enlightened lawyers and jurists
are favorable to codifdatiOn. In this COM
paratiyely new state, we have thirty-One
volumes of Supreme Court Reports, with
enough material in decided cases to make
two more volumes. 1t now requires, yearly,
two volumes of over 800 pages each, to keep
up with the decided cases, although very lit
tie space is given to briefs, and most of them
are entirely omitted. In our sister States
the accumulation of Reports keeps pace with
our own so that in state and Federal Reports
about one hundred new volumes are added
each year to the legal literature of the coun-
try. A very large part OF each volume con-
sists of the arguments of the judges rs
to what tho law is upon particular
subjects, and the opinions are made
up largely of the arguments of
are scattered through thousands of volumes
of reports and text books, and which are
often quite conflicting. 1t results that the
difficulty of ascertaining the law on any
particular subject is increased rather than
diminished by the multiplication of reports
and trcatises. II would seem that with the
immense wealth of legal learning now af-
fOried by our great law Libraries, Il code of
laws sufficient to define the rights and obliga-
tons of every person. in all the relations of
life and business, might be framed, which
two or three convenient volumes. This
would relieve the appellant courts from the
greater part of their drudgcry. and would
also very much tighten the labor of the in
fcrior courts. When the work of revision is
again commenced, it would he good policy to
further extend the system of coditcation as
far as possible.
PEGS
Ono of the most tedious and onerous dutie
dcyolving upon clerks of the Districts Court
and Justices of the Peace is the taxation of
costs embracing in some cases Il hundred
items or more, of Il few cents each. Some
times tue taxation of costs involves more
labor than all the other services in the case,
and the system is so complicated and intri-
cate that it rarely occurs that any two OFF,
GERS, however honest and capable, tax the
costs mt the same amount even approx
mutCly. If the fees of an officer were so
grouped together in the law as to consist of
two or three items only there would be
great suving: of time and labor. and the Off
Ger and the litigunt understanding how much
the law allowed the officer to collect and re-
quired the litigant to pay, 10th would be bet
ter satisfied.
CAPITAL PUNISHMENT.
Every Governor of the State during the
past ten years mas called the attention OF the
the Legislature to, and advised Il repeal or
modification of, the act of March 2. ls.2which
abolshes capital punishment by indircction-
In my Judgment II would tie better to abot-
ish the death penalty absolutely than to con-
tinuC in force the present law.
THE PAEDoNISG POWER.
in the Governor. under regulations and re-
strictions prescribed by law Such regula-
tons and restrictions should, il seems to me,
include u tribunal OF some character through
which ell applications for parGonS should
come to the Governor. The granting or re-
fuS;l of II pardon is So grave Il responsibility
that il should not be decided without the
most thorough and patient investigation AMI
consideration. Very often the Chef EXocu-
tive cannot. with due regard tor other duties
OF his position. devote the necessary time to
this work. And in any event, the ends OF
justice would be much more effectively sub
served if he could have the benefit of the I'D
vice and counsel of Il responsible tribune
charged with the duty OF investigating the
alleged facts or reasons on which al applica-
ton for pardon is based, and reporting It's
findings and conclusions.
PURPOSES OF CORPORATIONS.
Almost every Legislature amends previous
acts defining the purposes for which cOrpo-
ratouS may be formed, so as to embrace
new classes OF enterprises. 1t would be well
to provide, once Tor all. as in Colorado, that
corporations may be formed 'for any lawful
purpose.
RATES OF INTEREST.
The prevailing rates of interest throughout
the country seem TO require reduction in
this state to six por cent. as the legal rate, or
not exceeding ten per cent. by special con-
tract i'll writing, instead of the existing rates
OF seven per cent. and twelve per cent. res
pcctively.
IMPROVEMENTS BY OCCUPYING CLAIMANTS.
The assessment of the value OF improve
uicntS lidfe Dy occupy Ing Ci'tiHidHts Il, uuuer
the present regulations, very expensive and
often unSatIs:ac tory. Twelve jurors are
drawn and summoned from the body of the
county. and they are required to view the
premises and report certain findings of fact,
some OF which can not be ascertained except
from testimony, or from the conflicting
statements of interested parties not under
oath. And yet there is no provision made
for compelling the attendance of witnesses,
and the mode OF procedure is vague and in
definite.
THE CRIMES ACT.
Our crimes act originally brought over
from Missouri, i'll lS-j has never received