Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-01-21

| district judge guilty Of gross misconduct by
order OF the supreme court, Ccncurred In By all
bre1ght about only by an amendment to the
constitution. But In view of the saving to be
effected In every county by the change. the peo-
PIE would probably approve such an amendment
| Iwould submit IN this convention that the
term of gdice Of county attorney might be ex-
Ineligible for Immediate reelection. Such a
provision would tend TO make such officers fear
less and independents In the performance of
| duty, and to some extent free them from in
| fiuenoes to which very good men are sometimes
unconscioesay susceptible.
Appellate Court.
It's a theory of our state government that
Tor every wrong there must be provided rem
| edy Dy due course OF law, and justice be ad-
ministered without delay. Our constitution,
adopted when the state was In its infancy and
Its judicial business correspondingly light pro-
vided for q court of last resort consisting of
one chief Justice and two associate justices
As the state has grown and litigation increased
1t has been clearly demonstrated that three
judges are unable 20 keep abreast Of the ever
increasing business Proposed amendments to
judges have been defeated. Finally, In 1887,
business had so far increased beyond the
soility OF the court to dispose of it that q bill
point three commissioners Of said court to aid
the court In the disposition of the numerous
were appointed for three wears. In 1sss the
law was re-enscted, and in 1890 three commits
s1onefs were again appointed whose terms of
ruary and the commission cease to exist unless
the law be re-enacted.
Much good has doubtless resulted from the
creation of this commission. 1t has not, how
ever. enabled the court to get any nearer the
current business of the day than 1t was when
the commission began Its work 1t has not
more than kept pace with the increasing busi-
ness. The best information is to the effect
that this court Is so far behind its work at the
present time that persons seeking determi-
naslon mere may not nope Tor itinside OF three
delays. Wealthy corporations, with no diff
Guilty In giving the required bond, possess ad-
yantsges over poorer htigsnts; and whether
there be merit In their cause or not, they are
likely to appeal from the adverse decision of
the trial court in order to take advantage of
the overcroWded condition OF the supreme
court, and thus delay for years the final deter
mination Of causes and defeat the ends Of jus
tice.. Such legislation should be enacted as
viii give the humblest citizen assurance Of
guarantee to him prompt administration of
justice.
How best to relieve this overcrowded condi-
ton of the supreme court Is grave question
demanding the best legislative thought. Some
objections have been urged against the contin-
uance Of the commission. The conclusions Of
the commissioners not being final, but being
subject to review by the supreme judges,
much time and labor seems to be unnecessarily
consumed.
termediate Court Of Appeals" which should
have final Jurisdiction upon appeals from the
district courts in civil actions where the
sum. This Court of Appeals" might also
have jurisdiction to hear and determine ap-
peals in cases of misdemeanor, and appeals
onment fixed by the judgment does not exceed
three years. Provision should perhaps be
made for review by the supreme court Of the
judgments of such intermediate court In cases
involving grave questions of constitutional
law or the construction of statutes.
Election Laws.
The election laws should be carefully revised
and amended. AS the law stands, the judges Of
election may utterly disregard the plain proyis-
ions OF the statute respecting the rights Of can
COUNTING and Without inc
curing any liability, either civil or criminal.
Public safety requires that the legislature
p
provision ought to be made whereby ministerial
officers should be compelled to perform their
duties promptly, and in accordance with law,
in order that legal effect may be given to the
will of the people expressed through the ballot
box. The success of republican institutions can
be assured only throush honest and untram-
witnessed in the United States in the last few
years in the methods of exercising the elective
franchise, and all tending it is confidently be-
ieved, toward purer elections. No effort in
this direction should be relaxed. Every safe
guard possible should be thrown around the
ballot box, to the end that all electors may en-
joy perfect freedom in exercising this right, and
that all who are not legal electors may be pre-
vented from. or punished for Illegal voting. 1t
is matter of regret that Kansas has fallen far
behind In these reform measures, and now
stands almost alone among her northern sisters.
The method of reform generally adopted is that
usually known as the Australian system, and
system should be adopted in Kansas. 1t is
argued that considerable expense would attend
this change if applied to all the voting precincts
might be obtained by introducing the Austria
liam ballot in the cities and larger towns of the
state. But no change or modification should be
considered that would in any measure lessen the
jealous care with which ell good citizens should
guard the purity of the ballot box.
Some effort should also be made to protect
primary ELECTIONS in the work OF selecting can.
forth tainted results, no general election law
can wholly cleanse the stain. would therefore
not be wise to require longer residence in the
wards or voting precincts of cities to entitle
citizen to the privileges of the ballot. 1t has
REQUIRING residence Of only thirty days prior to
election, Is subject to great abuses; and as mer-
cenary voters are mostly found in the floating
seems imperative that some measures shall be
adopted to protect the interests OF law-abiding
citizens from the malign influences of this class
s 81 RSdFfbS BE- made for lists
of persons registered as voters. These Lists
should be arranged By wards, or precincts, show
ing each persons age, the number and street OF
his residence, and should be published suth-
Gent time before each election to enable proofs
to be made of illegal registrations and the
striking off the names Of those not legally en-
titled to vote.
Employees should be protected by the most
stringent laws in the free exercise of their rights
as electors, and severest penalties imposed on
employers, whether individu ais, companies or
corporations who shall seek in any manner to
use such employment as a means OF influencing
votes.
The law by which the election of an officer is
determined by casting lots In case OF a tie vote
should be repealed, and all such cases should be
referred back to the people for new election.
The preservation of the state must be secured
by a most rigid and honest observance of duty
by those entrusted with the exercise of snch
grave powers and responsibilities as the hold
ing and conducting of popular elections.
Mortgage Laws.
The legislature in 1872 provided that II the |
words "appraisement waived" or other words |
of similar import be inserted on any deed, bond,
mortgage, note, bill or written contract there |
after made, it shall be ordered in any judgment |
rendered thereon that lands sold to satisfy the |
same may be sold without appraisement, order |
of sale being withheld for a period of six !
months Under the operation of this statute, |
great abuses have crept into our practice. There
usually being no competition at sheriff sales, |
lands mortgaged for one-haH their value are not ]
infreauently struck off to the judgment creditor
for only small fraction of the judgment debt |
In many instances sufficient only to pay the costs