The advocate and Topeka tribune., 1893-01-18

CATION and determination or controversies over
contested seats in both branches of the legis-
lature. The right of a constituency to be rep
resented In the legislature by the person
receivinga a majority OF the honest votes cast Ii
sacred, and should not be yitiated by fraud MOI
triied away by throw of dice or the chance OF
lottery. Other important changes will doubt
less suggest themselves.
Section fourteen 90 of the legislative article
should be amended so as to permit the governor
to veto an Objectionable article in an appropri-
| alton bill without disappearing the entire bill.
| IL deemed wise, the judges of the supreme
court might be authorized to assign under con.
ditiOns to be prescribed by statute) the Judge OF
one district to sit as judge in any other dis
| triCt.
The remedy by impeachment in the case of a
district Judge guilty Of mlsbehavior in office is
enormously cumbersome and expensive and
owing to the long interval between the sessions
of the legislature, may, under certain circum-
stances, be wholly inadequate. Thegonstitution
should provide for the suspension from Office of
a district judge guilty of gross misconduct by
order of the supreme court, cOncurred in by all
the judges. Such change can probably be
| brought 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
| if submitted.
would submit in this convention that the
term of office of county attorney might be ex-
| tended to four az years. and that he should be
ineligible for immediate reelection. Such a
provision would tend to make such officers fear
less and independent in the performance of
duty, and to some extent free them from in
fuences 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 rem
edy by 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 c0rreSpondingly light, pro-
vided for 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 to keep abreast of the ever
increasing business. Proposed amendments to
the constitution increasing the number Of
judges have been defeated. Finally, In 1887,
business had so far increased beyond the
ability of the court to dispose of it that bill
was passed authorizing the executive to ap-
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-enacted, and In 1890 three commits
siOners were again appointed whose terms Of
office will expire on the last day of next Feb
ruGry 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 a determi-
nation there may not hope for itlnside of three
years. Great evils come from these veXatlOus
delays. Wealthy corporations, with no diff
Guilty In 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 condl-
tiOn Of the supreme court Is grave question
demanding the best legislative thought. Some
objections have been urged against the oontin-
uance Of the commission. The conclusions of
the commissioners not being Anal, 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 q given
have Jurisdiction to hear and determine ap-
peals In cases of mlsdemeanor and appeals
from convictions of felony where the imprls-
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 canvasslng Of votes, without in
curing any liability either civil OF 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,
4 I'LL A