The Monticellonian., 1895-01-25

i judgments from courts and frequent Legislative relief bi Is. More frequently than otherwise i when dedication occurs, the personal bond affords no adequate security, and in my judg mcnt there would be as few delinqenciCs fl the l officers were permitted to servo wholly with out such bonds. But this is not necessary. i The business of securing the fidelity of per. sons Is now perfectly understood, and It's risks
 can be measured by pecuniary standards. And when such bond is secured all senti-
 ment is eliminated from tho transaction and it becomes mply question of liability and solvency. Then If h shall be deemed best to adopt thiS form of security. the investigation
 into the habits an1 antec elents Of applicants
 that concerns that tako risks of this kind
 make before becoming surety, would neyta. ply tend 10 diminish ito risk by improving tho character Uf persons Who would ec called on to iarntsh official bonds
 IL has also been suggested and I am in clined to favor the scheme. that the risk be assumed by the state. and probable loss pro fided against by fund raised by an assess
 ment upon every officer who would b. other wise required to give bond for tho faithful
 discharge or his duties. #oud not favor the plan Of allowing the whole tndemdity to be provided for by either the assessment indt.
 eatcd, or by giwng the bond Of surety corporation. I woull still Insist that part and q greater part, be covered by a personal auretyship since there is thereby given q guaranty that the officer Is man Of some standing among his ncighbors and not obnoN. ious 10 their interests or institutions. The sccruity afforded by the corporation, or the | assessment plan, should be mado primarily liable for the first twenty flvc per cent oi the
 penalty Of any bond required.
 No very marked change should be made In the powers of tho executive unless it be to confer the power Of suspending pending tnyesz tigation delinquent, indifferent or corrupt offi.
 cers. This ought 10 be done fl personal bonds
 urp bflnt ,t.f h In h1l8 in.
 The most pressing features of the demand for cnan2c In our fundamental law In con neetton with the reduction and equalization Of of the burdens of taxation and the improve
 mcnt of tue procedure in our courts.
 Tho government approaches most nearly to the ideal which affords courts in which every citizen may have wrongs 10 his property or person promptly. inteligenty and honestly rcdressed, and in which guilty men cannot eS. cape and the innocent are never con yicted or oppressed. The Integrity of character 0f the members of the judiciary Tn this state Is not questioned, and It Is therefore unnecessary to change the constitution to supply remedy in this connection, But It IS Il deplorabe fact that in nearly every quarter of tbe state the complaint is made that the courts are greatly behind in the disposition oi the business pend. Ing before them and that serious loss To lit
 gants, and inconvenience and unnecessary cost to the public arc the result. The crowded condition Of the docket Of tho supreme court is such m evil as te warrant tho attorneys Of the state In holding general convention to devise ways and means to expedite the disposition of causes pending there. and 1t Is probable that they will formulate plan Of relief and ask It's enactment into law The condition II properly reported calls for action on your part and I trust that you will sec your way clear to com ply with any reasonable request that may come from this quarter In addition to thl5 demand for relief to the supreme court, there is a con stant demand for the creation of addi tional courts Of original jurisdiction. aud every such demand that has been made during the past eight years has come within the range Of my official cognizance, and the showing made Tn it's support was sufficient to make IL a mat
 ter of duty to extend the relief thus asked The causes which produce this congested condition Of the dockcts of our courts are not due to any peculiarity inherent in our people or situation, so far at least as I am able to discern My best judgment k that 1t results from the un- equal division of the state into districts. de fccttyc method Of procedure and, To greater extent, to the low salaries paid 10 the judges As long circuit judges to be elected by direct vote Of the people and I favor continuation Of this plan. political and selfish considerations will enter into the formation Of these districts.
 This many times results fin very unequal distribution Of the work to be done. Then, under existing conditions, the judges must serve in tho districts in which they were sevcrally elected. This encourages spirit of procraStinattag accommodation in the matter Of delaying the trial of cases which would not exist in the absence Of the kindly relations which prompt the asking of such indulgence This however, is not the important objection Of the present system requiring judges to conhne their service to the districts in which they have been elected.
 It is always the case that In some of the dis trctS there \ buSinpSS ppn1Iue- one judge can dispose of promptly and with out delay" while in others the judges In the pay of tho state are idle in consequence ot the lighter service assigned to them. would pro. vide for the division of the state into con. yenient number Of districts, at the present time not to exceed fifteen, in which q judge should be elected as Is now the case.
 After their election the judges should be subject to assignment to any district by order Of the supreme court at the beginning Of the spring and fall terms of the courts; and if in any ease 1t should be found necessary to d proper dispatch Of business, the supreme court should be authorized to assign more than one judge to any circuit or county The saving 10 the taxpayers of the state fin the way of diminished court expenses and jail fees would In single year more than compensate the cost involved In holding convention to re. vlse the constitution, to say nothing of the wholesome effects of cultivating Il broader and more independent spirit among the circuit judges. or course, in the event this arrange. ment is affected the judges should receive a salary Of three thousand dollars year. sum that many of them should now be receiving because they are fairly earning tt.
 As matters stand we are constantly in creasing tho number of judges and arc expend- ing nearly much money as would be required to carry this arrangement into effect. We are acting upon the principle that 1t is quantity and not quality that is desirable in the organ ization of courts. In fact we do not get the best results from the quantity" that we thus secure.
 This system of ndiscriminate assignment is now in operation in many states, and it is said by those familiar with 1t that 1t Is a feature that is never discarded when once tried It seems 10 me to be peculiarly fit for introduction into our policies
 This plan will furnish to every one of the seventy five counties in the state two months court service in each year, and leave to each judge two months for rest So much time is not required in all of the counties, and in some 1t will not prove to be sufficient But in malS ing the assignments these differences may be provided for without giving to any judge more than his share Of the labor. We would then then cease to be importuned to create new cir cults and iudgeships and the necessity for call ing upon special judges would be Tn great measure removed
 With reforms in the matter of selecting and paying the judges could then enter upon improvements T procedure for bringing causes tq an issue and speedily trying them The ser vice, and the consequent expense of the grand jury could be reduced by allowing the prose cutting attorney to have concurrent authority to file information in misdemeanors and in certain of the lesser felonies, The grand jury has been wholly abolished in some of the states and the right to do so has been affirmed by the supreme court Of the United States. The state should also be allowed to change the