The state republican. (Jefferson City, Mo.) 1871-1896, 1894-07-05
mated and usually does not adjourn

chiefly to untangle snarls original
ing in the divisions. If n judge In
| either of the divisions dissents from
an opinion, the cause will upon
motion be transferred to the court in
banc, where it will be retired. De-
casionally, upon a motion for re-
hearing, n cause will be transferred
to the court in banc, but there are
only two or three cases on record,
and ii is to be presumed that some
Judge changed his mind upon more
mature reflection or the transfers
would have not been made. Of the
court in banc, four judges a estab-
fish the ruling of the court and enter
final judgment. In all cases deter
mined, whether in the court in banc,
or the divisions, ten days is allowed
to file a motion for %rehearing.
There is no red tape about the
supreme court of Missouri. The
rules of practice are short and easily
comprehended. Any intelligent boy
or girl can learn the general rules
governing practice in the supreme
court in a few weeks. This, of
course, does not include a knowledge
of law or the many duties discharged
| by the clerk, but a general under
standing of how the court hears and
determines appeals and the effect OF
the various writs issued. The owl
like wisdom that some times sur-
round a lower court is not visible
about the supreme court building in
Jefferson City. Business methods
are not only expected, but enforced.
Offensive dignity is unknown. The
Judges each receive $4,000 a year
and they earn it by working from 9
O'Clock a. m. until II O'Clock p. M,
and occasionally adding extra time.
They dispose of from GOO to 700 cases
per year and equally as many no.
lions. At the close of the present
term the court will be up with its
work.
The writer once asked a Judge of
the supreme court why it is that the
criminal laws of the state are SO
difficult to enforce? He replied that
two general reasons exist. CD The
people rarely ever send a good
lawyer to the Legislature, and as a
result, the laws are a net work of
Inconsistencies. (2) The state is
usually represented in the trial court
by a young and inexperienced prose-
cutting attorney, while the defence
generally has the best counsel to be
obtained, and consequently the state
is at a great disadvantages. Asked
for a remedy, he said n law should
be enacted creating the office OF
- W ttN'ii'y WIN l'll Htiiil y
provided to secure good legal talent.
The salary paid members of the
Legislature is not enough of itself to
induce a good lawyer to accept suci
an office. Returning to the question
of circuit attorneys, he said that the
state loses enough in criminal costs
many times pay the salaries of sucl
officials. The salaries of the entir
judiciary of the state, which include
the supreme, appellate, circuit ant
criminal courts, amounts to less thai
$50, 900 a year, while the last legis
lature appropriated at the rate o
~S275,OO per year for criminal costs
made up a deficiency of some $50, 900
and will probably be confronted Will
a still greater deficiency next Jan.
uary. Experienced criminal lawyers,
he said, know how to take all the
advantages of bad criminal laws, anC
they never fail to do so. This coult
not happen if the state was always
represented by able counsel. Now
the people + maintaining, at al
enormous expense, a system o
prosecution that too often results il
Il complete defeat of justice.
~, HiNa n littln ipSi,b, into a.,
entanglements surrounding the
corporation laws, it is only necessary
to state that the supreme court i.
divided on many points of recent
consideration. A few instances will
suffice forthis article. When property
is condemned by a railroad for {
right of way, the damages adjudget
must be paid the owner before tn,
property is taken, and afterwards bS
suit in a court of competent iurisdic,
ton, a different value may be found
but in all events the original aware
must first have been paid to The
damaged party,
The rule regarding contributor,
negligence in damage suits againsr
railroads is this: a party injured by
an engine or train of ears must have
used discretion to have prevented
the accident. Carelessness is bar tc
the recovery of damages even if
train is running at a rate of speed
prohibited by city ordinance. If
train is carelessly run over an EN-
ploye OF a road or injured him, h,
can recover damages if he was not
member of the train crew, otherwise
he vas n fellow servant and cannor
recover. If sparks from an engine
set fire to and damage property
the railroad cannot plead >contribu