Pine Bluff daily graphic., 1895-01-19

Il which amounts almost to intimidation.
 Our criminal laws are fairly well executed
 except as to the crime of homicide and stealing public funds by officers entrusted with their custody In respect to these crimes our record Is not one of which we should feel proud
 When we come to account our achievements along this line I do not intend 10 speak in a spirit of leVity when I say that it will appear that our most brilliant victories have been gained when the contest was with moneyless men. This ought not to be and many things that will make it's continuance impossible must come through change in constitutional provisions. This address has now been ex- tended to such limits as will make it i'm proper to suggest anything that is not con- nected with revision of the constitution, but i I should feel that l had omitted a matter of the first importance if did not impress upon you the necessity for an amendment of the statute i by which the right 10 change of venue ln a civil or criminal case should be made to dc
 pend upon the existence of such prejudice as will prevent fair and impartial trial, and not
 as now, upon the willingness of party to make an affidavit in which this state of affairs is set | out pro forma The right to change of venue is a remedy that ought not to be surrendered, but 1t should be guarded by such restrictions as will prevent it from being resOrted to as a means of delay, without any effort to disguise | the purpose, as is now done daily in our state
 to the great expense of the people and mani fest obstruction of the enforcement of justice. Some better system of selecting speeIat jurors must be provided if popular respect for the jury system is to be maintained
 Except as to the application for relief to which have made reference, there is very little necessity for changes in the constitution in the provisions for organizing and governing the supreme court. The salary of the judges should be increased to at least four thousand dollars per annum. Under the present eonsti- tuition this cannot be done so as to make the increase apply equally to all members of the bench. An increase can only include such as are thereafter chosen. Yet all are expected to perform an equal share of the work which is i deYolYed upon the court This argument upon the inequality of the pay where equal service IS rendered will prevent any increase until our constitution Is changed Unless there is some sensible limitation placed upon the right | to prosecute appeals in unimportant cases, no one supreme court can keep up with the num- | Der of appeals that will be sent up by our eighteen circuit and three ehancery courts
 If this unlimited right to appeal is to be pre- | served as settled policy then it will become necessary to provide for six judges, the court l to be divided into two divisions, except that when causes involving constitutional questions or where there would otherwise result differ ence in the judgements of the court on the same question, the bench should sit as one court.
 This system is in operation in some of the states and seems to produce satisfactory re- suits.
 The usurpations of the judiciary have been so marked and persistent that it cannot now bs denied that the judges of the court of last re- sort in this country are the government in every practical sense of that term. All other officers in the government exercise a permissiYe au- thority merely. The courts measure and fix limitations upon the power of all others in authority, and outside of for that matter, and in turn declare the limits Of their own author. ity If that can properly be said 10 be limit which can be changed at pleasure. In this condition Of affairs 1t Is matter of She gravest importance to attract to the service Of the judiciary the Wisest and best of our citizenship. To do this in competition with other caltngs, where such persons are sought for and liberally compensated, we must embrace in our offer at least equal terms. Even if the retort be made that persons Of frst-class ability are found who are willing to serve in judicial positions at ex- isting salaries there IS room to suggest that this is for season only. Snch in- yariably servo with no purpose to make career of the service, but to quit t upon indin2 an opening where better results for themselves can be had We thus lose the value that comes from training and experience, clements that in the dispatch of business are Of first impor tance.
 Much oE the present delay in the dispatch of business in our supreme court is doubtless due to the fact that the frequent changes in it's membership has required certain sacrifice of time to enable the members Of the court to become accustomed to the working methods of each other Then as an abstract matter of justice the state ought not to expect the judges of her highest court to serve for a sum which is barely sufficient to defray the current expenses of q family of not unusual size.
 Something in excess. as provision for the infirmities of advancing age. ought to be in ciuded in tine salary tIe service is in it's n Ft. increases IS experience and training are added up to the point where the physical powers necessary tO their proper discharge dec inc. when the incumbent should retire without feeling required to proong his service means of subsistence after his period Of usefulness has passed, to the detriment Of the service and the annoyance of his associates. Nor is this parsimony in the matter of salaries the result Of a want of ability to be more liberal for the state is amply atle to pursue the course Of wisdom in this particular. IL appears to result from gratuitious denial Of the fact that the laborer is worthy of his hire. fl he happens to belong to the legal profession.
 The advocates Of a revision of the constitu- tion understand perfectly we'll that the people of the state will not approve of any measure looking to an an increase Of the public bur dens. but they insist that the people pos sess sufhcie nt intelligence 10 discrmi- nate between an increase Of taxation and a measure to adjust. with view to elualizing those burdens Theoretically, all persons ard interest, under the protection of the govern ment should contribute rataby to it's support In Arkansas this is not true. And the rule cannot ke made effective without Il change in constitutional provisions. The growth of cor porations and agencies that conduct large and profitable business enterprises, in which they employ very little tang ble property that is subject to taxation on our adyalorem basis, has made il Fl matter Of justice 10 the other tax payers of the state to proviee system Of taxing privileges In no her way can equal ity Of burden be established. An examination of the taxing laws Of any well governed state will disclose this fact that at least one third Of the state revenue is derived from the taxation of privileges.
 Our state ought to hare the right to pursue the same sensible course for it is estimated by those in position to do so intelllgsntly. that at least one third in value of the profit producing enterprises of the state contribute nothing to the support of the government from which they enjoy protection Ihave no douol that all the constitution makers who ever as- sembled in the state except those who framed the constitution of 1888, believed that proys- ion had been made for tue levy of such taxes in proper cases by the legislature In fact they went further n this direction than was neces-