The advocate., 1895-01-16


but now that the number Of the inhabitants Il
| fifteen times greater, and the sessions OK Eh'
legislature are biennial it is impossible for any
| legislative body to give the calm deliberatiol
and thoughtful study OF the needs Of tho stat,
that are imperatively demanded.
There is an urgent demand for . reorganiGa
tion of the judiciary system. Under the pres
ent constitution the number Of judges Of the
supreme court is limited to three, and the leg
islature is only authorized to provide othel
courts which shall be inferior TO the supreme
court. The rapid increase in population AnC
wealth has necessarily produced large In
crease in litigation, until the supreme court II
no longer able to hear the cases as fast as theI
are filed. For years the work has been gradu'
ally accommodating, until at the present rate 81
progress cases filed to-day would not be heart
for six years. Present relief might bC
had by the formation OF another court
inferior to the supreme court, but it seems *
be the concenSuS OF opinion that an enlarge
ment Of the supreme court is the only practical
solution Of the question, and the only one that
will be entirely satisfactory. At any rate
those skilled in the law, who have given the
subject the most thorough study, agree In the
opinion that larger supreme court Will better
subserve the interests OF the people A litigant
from superior court than from an inferior
one, as such decision is not only final de-
termination Of the case, but 1t is also final
determination of the law governing the case.
And in the event Of an increased membership
OF the supreme court the constitution should
confer upon the legislature power to afford tenn
porary relief when the court found itself un"
able to keep up with It's business.
There should also be change In our appor-
tionment laws by increasing the number OF
members in both houses. BY doing this the
people would be more closely represented, and
there would be less danger OF unwiSe or cor
Tupt legislation
The provisions Of the constitution with re-
gard to the time when the legislature should
convene, or the section fixing the time when
the term Of state officers should begin, should
be so amended that the incoming state officers
should always enter upon their regular terms
before the legislature conVenes.
More rigid constitutional provisions should
be made limiting the power Of the legislature
In the matter Of political subdivisions so that
counties, townships and school districts could
not be organized within certain limits OF terri
tory or population, and also limiting the power
Of such political subdivisions in the extent tc
which debts may be created, as well as for the
Greater restrictions should also be placed upon
legislation appropriating public moneys or au-
thorizing the mourning Of public debts, and the
purposes for which money may be appropri-
ated or debts incurred should be carefully de-
fined and sharply restricted. The governor
should have authority to veto any section or
clause In any appropriation bill that does not
meet his approval.
The letting OF convict labor to contractors
should be prohibited, and such labor should be
employed only on behalf Of the state, or where
1t will least conflict with the interests OF other
labor in this state.
The right Of action to recover damages for in
juries resulting In death, should be guaranteed
to the people by constitutional provisions, and
the amount recoverable therefor should not be
subject TO statutory Limitation. The power OF
the courts to set aside excessive Verdicts tS q
sufficient guaranty against abuse OF the right.
There should be clear and Well-dehned limi-
tations Of the powers Of corporations, and the
legislature should be restricted in its modes Of
authorizing the organization Of corporations,
and reasonable tax should be imposed for
every charter.
The present constitution provides that "all
laws OF general nature shall have uniform
operation throughout the state, and In all
cases where general law can be made applica-
BILE, no special law shall be enacted" The
early decisions Of the supreme court, that the
legislature is the proper judge Of whether the
general law should be made applicable (de-
cisions that have been so long followed that
they have become practically q part Of the
constitution by long-continued usage), practi-
eally renders this clause Of little force There
should be prohibition Of special legislation
which should be universal, except in cases Of
the most urgent necessity.
Trusts and combinations to enhance prices,
should be prohibited in the constitution.
There should be limit to the value Of the
homestead exemption allowed, so that proper
ties OF great value may not be held beyond the
reach OF creditors. The present clause In the
constitution was placed there when very few
quarter sections were worth more than 81 900,
while now many with improVements ara worth