Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1893-01-26

a dlBtrlct ludgo guilty or gross misconduct BY
| order OF the supreme court, oonourred In by al
the judges Such n change can probably bt
| bNught abont only by an amendment To The
constitution, But In yieY Of tho saving TO bt
effected In every county BY the change, the peo
Pc would probably approve such I'm amendment
would submit Ia this convention that In,
| torn or office OF county attorney might be OK.
Tended 70 four az years, and that he should be
| Ineligible for immediate recollection. Such q
provision would tend 10 make such officers fear,
less and independent In tho performance OF
| duty, and TO aorno extent free them from in.
tuenoes TO which very good men are sometimes
unconsciously susceptible.
Appellate Court.
tits theory of our state government that
for every wrong there must be provided A rem.
edy by due course Of law, and Justice bo nd
ministered without delay. Our constitution,
adopted when the state was In Its infancy and
It's judicial business correspondingly light, pro
vided for court OF last resort consisting of
one chief Justice and two associate Justices.
AZ the state has grown and litigation increased,
u has boen clearly demonstrated that three
Judges are unable TO keep abreast OF the ever
increasing business Proposed amendments TO
me constitution increasing the number OF
business had 30 far increased beyond the
ability of the court TO dispose of It that bill
was passed authorizing the executive TO an
point three commissioners of said court to aid
ShO COuIb III ulbpOAltlOn OF tnO numerous
cases then pending. These commissioners
were appointed for three years. In 1889 the
law was re-enRoted, and In 1890 three commits
sioners were again appointed whose terms OF
Office Will expire on the last day OF next Feb
ruary and the commission cease TO exist unless
the law be ro-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 IL was when
the commission began Its work. IL has not
more than kept pace with the increasing bust
ness. The best information ia TO the effect
that this court Is 50 far behind Its work at the
present time that persons seeking determi-
nation there may not hope for itinside of three
years, Great evils come from these vexatious
delays wealthy corporations, with no diff.
Guilty In giving the required bond possess ad
yantages over poorer lltigants; and whether
there DO 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 overorowded condition of the supreme
court, and thus delay for years the final deter
minatlon Of causes and defeat the ends of JUS
tioe. Such legislation should be enacted as
will glvo the humblest citizen assurance OF a
speedy determination Of his controversy and
guarantee to him prompt administration of
Justice.
How best to relieve this overcrowded condl-
tion OF the supreme court Is grave question
demanding the best legislative thought. Some
objections have been urged against the contin-
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 whore the
amount In controversy does not exceed given
sum. This Court of Appeals" might also
have jurisdiction to hear and determine APP
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
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 provis-
ions OF the statute respecting the rights OF can
didates and of electors to be present at the
counting and canyassing of votes without in
curing any liability, either civil or criminal.
Public safety requires 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,
in order that legal effect may be given to the
will Of the people expressed through the ballot
be assured only through honest and untram-
meled elections. Marvellous reforms have been
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-
lieved, 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, It is
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
considered that would in any measure lessen the
Jealous care with which IL 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
forth tainted results, no general election law
can wholly cleanse the stain. would therefore
submit for your consideration whether itmight
wards or voting precincts of cities to entitle
citizen to the privileges of the ballot. 1t has
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 lava abiding
citizens from the malign1 influences OF this class
of persons. In our larger cities provision
should bO made for publishing alphabetical lists
of persons registered as voters. These lists
should be arranged by wards, OF precincts, show
k,n
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
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 means OF influencing
votes
The law by which the election ofan officer is
determined by casting lots in case of tie vote
should be repealed, and all such cases should be
referred back to the people for a 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 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 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-half their value are not
infrequently struck off to the Judgment creditor
for only small fraction of the Judgment debt
in many instances sufficient only to pay the costs
Of 4ba court rrocaad;nga Notwithstanding the