Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1895-02-02

warded their opinions which together
with the recommendations Of the su-
prsme court Judges have been trans
mitted 20 the house and senate
The supreme court judges suggest
an amendment tn section 4slg revised
statutes So a. 70 allow party dissat-
fled with the cost claim Of the opposite
party In suit. 10 days IN which 20 file
a motion 10 nave the same taxed by the
court In which Judgment was rendered
instead OF three days as at present
Representative Nyman introduced
bin covering the ground II has al
ready passed the house.
Attention Is also called 70 section 1O5
OF page 30. first session laws, as being
In direct conflict with the constitu-
tion in this, that II provides, that II
any two or more persons have an equal
and the highest number of votes for
member Of either house of the legisla-
turc, for Judge 81 the supreme or dis
trict courts for district attorney or any
state office, the state canvassers shall
proceed e. determine. by lot, which of
the candidates shall he declared elect
ed The constitution provides that in
such instances the two houses OF the
Legislature shall by joint ballot elect
one Of such persons
ROAD ovERsEERs.
The judges also make the following
recommendations:
Amend section $50. revised statutes,
50 as 60 extend to towns and villages
the power 10 appoint road overseers,
which. under the present law. is only
granted incorporated cities.
Amend section 4l39. revised statutes.
50 as To- require clerks OF court to in
dorse the hour ana minute complaints
In civil actions are filed
Repeal of section i.573. revised stat
utes
Amend section 2.ss0. revised statutes.
50 as to obviate constitutional objec-
tions found in Caterin vs. L. =. Ry.. re-
ported In second Idaho reports, $40
Judge Standrod thinks the present
law allowing sheriffs 30 cents mileage
each way in arresting criminals and
taking them before the magistrate.
should be modified
referring 10 the law enacted at the
last session. providing for the payment
OF fees OF witnesses Judge Standrod
says: This law gives every defendant
AT least five witnesses absolutely and
then provides for more in case of neces-
sity. This law Us an outrage upon
the law abiding citizens and the tax
payer Whatever may be the wealth OF
the defendant the county must furnish
him witnesses for his defense" The
matter OF providing witnesses should
be left to the discretion Of the court
He also suggests that the mileage Of
| Jurors he reduced one-half
Judge Piper would fix the mileage
1 Tor all jurors 20 cents per mile one way.
| He also faVors reduction of sheriff i
mileage from % cents To 20 cents and the
/ reducing Of keepers fees 20 81 per day
CLERKS FEES.
He suggests the following reductions
IN clerks fees: In all cases where copies
/ are furnished Tor parties. the Zee foI
certifying 20 the correctness thereto
shall not exceed % cents; for issuing
/ decree or order Of sale. reduce to II
cents: strike out provision for 10 cents
\ ior swearing Witnesses. In cases OF
| appeal from justice or probate courts
whore the judgement exclusive OF costs
does not exceed S25. II should not pe
| appealable
\ change in the law so as To allow
eonstables and justices a more reason.
able compensation for their services is
recommended. He would also author
ize district judges to call special ses.
sions of the district court for the pur.
pose ~ passing on demurrers and mo.
tons, so that when the regular term Is
called the court can proceed to tho
regular business of trial by jury. as
under the present system, when court is
called In regular session. the docket Il
IN such condition that delay and un.
necessary expenses are incurred. He
further suggests that the Insolvency
law be so amended that an assignee
may be elected in open court or at cham.
beers after notice given of 80 days as
/ now required