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

a district judge guilty of gross miscondsct by
| order of the supreme court, concurred In by all
brought about only by an amendment to the
constitution. But In view of the saving to be
| effected IN every county by the change, tue peo-
PIE would probably approve such an amendment
| Iwsuld submit ia this convention that the
| term OF Office of county attorney might be ex-
| ineligible for irnmediate reelection. Such a
provision would tend to make such officers fear.
less and Independent in the performances OF
| duty, and to some extent free them from In
fuenees to which very good men are sometimes
unconsciously susceptible.
Appellate Court.
Tits theory OF our state government that
| edy by due course of Law, and justice be ad-
ministered without delay. Our constitution,
its judicial business correspondingly light pro
vided for,a court of last resort consisting of
one chief justice and two associate justices.
As the state has grown and litigation increased
it has been clearly demonstrated that three
judges are unable to keep ABREAST OF the ever
increasing business. Proposed amendments to
the constitution Increasing s the . number s Of
business had so far increased beyond the
Gbilfty Of the court to dispose of 1t that bill
YVES passed authorizing the executive to APP
point three commissioners OF said court to aid
the court In the disposition Of the numerous
cases then pending. These commissioners
were appointed for three wears. In 1889 the
law was re-enscted, and In 1890 three commits
sioners were again appointed whose terms of
Office win expire on the last day of next Feb
ruary and the commission cease to exist unless
Much good hss 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. It has not
more than kept pace with the increasing busi-
ness. The best information Is to the effect
present time that persons seeking 3 determi-
nation there may not hope for itfnside of three
years. Great evils come from these vexatious
delays. Wealthy corporations, with no diff
Guilty Ia giving the required bond, possess ad-
vantages over poorer litigants; 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
will give the humblest citizen assurance of q
speedy determination of his controversy and
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.
therefore recommend the creation Of an in
termediate Court of Appeals" which should
have final jurisdiction upon appeals from the
district courts in civil actions where the
amount in controversy does not exceed given
sum. This Court of Appeals" might also
have jurisdiction to hear and determine ap-
peals In cases Of misdemeanor, and appeals
from convictions Of felony where the impriS-
onment fixed by the judgment does not exceed
three years. Provision should perhaps be
made for review by the supreme court of the
Hal
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 provis-
ions OF the statute respecting the rights of can
ddates and of electors to be present at the
counting and canvassing of votes, without in
curing any liability, eth r civil or criminal
Public safety requi es that the legislature
should also prescribe certain forms to be used
by returning officers and canvassing boards; and
provision ought to be made whereby ministerial
officers should be compelled to perform their
duties promptly, and in accordance with law,
win of the people expressed through the ballot
box. The success Of republ lean institutions can
be assured only through honest and untram-
witnessed in the United States in the last few
years in the methods of exercising the elective
franchise, and all tending 1t Is confidently be-
ieyed, 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 a 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
there is no doubt but some modification OF this
system should be adopted in Kansas. 1t is
argued that considerable expense would attend
this change if applied to all the voting precincts
OF the state, and perhaps satisfactory results
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 II 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
didates. After corrupt primary shall have sent
can wholly cleanse the stain. would therefore
submit for your consideration whether it might
not be wise to require longer residence in the
OF t % o. o. clfes to Sas
been demonstrated that the law as at present,
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
population of our cities and larger towns, it
seems imperative that some measures shall be
adopted to protect the interests of law-abiding
CAchoo
of persons In our larger cities provision
should be made for publishing alphabetical 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 sufh-
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
laws in the free exercise of their rights
as electors, and severest penalties imposed on
employers, whether individu ais, companies or
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 q 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 most rigid and honest observance OF duty
BY those entrusted with the exercise OF such
grave powers and responsibilities as the hold
ing and conducting of popular elections.
Mortgage Laws.
The legislature in 1872 provided that II the \
words ADVERTISEMENT waived" or other words |
Of similar i'm port be inserted On any deed, md,
note, bill or written contract there
after made, it shall be ordered in any Judgment |
rendered thereon that lands sold to satisfy the
,ame may be sold without appraisement, order /
Of sale being withheld for 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,
ands mortgaged for one-haH their value are not |
Al