The Globe-republican., 1895-01-18


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 tina,
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 to
which debts may be created, rs well as for the
purpose for which the same may be incurred.
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 OF
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
it 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 pcOp!e by constitutional provisions, and
the amount recoverable therefor Shou d not be
subject to statutory limitation The power of
the courts to set aside excessive verGictS is a
Sufhcient guaranty against abuse OF the right.
There should be clear and well-defned iimi-
tatiOnS Of the powers of corporations and the
legislature should be restricted in its mo les Of
authorizing the organization Of corporations,
and a reasonable tax should be imposed for
every charter.
The present constitution provides that .'all
laws OF q general nature shall have uniform
operation throughout the state, and in all
cases where genera! law can be made applca-
BILE. no special law shall be enacted" The
early decisi>@s 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 a part Of the
constitution by long continued usage), practi-
cally 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 ,O)O
while now many with improvements are worth
each from $4,000 to 5000
The provisions with regard to the elective
franchise should be so changed that parties
guilty of betting on elections, or of giving or
receiving brides, or Of promising or receiving
promises of emoluments, should not be entitled
to vote.
The receiving Of passes. franks or special
privileges from railroad, sleeping car. tele-
graph or telephone companies, should be pro-
hibited to all public officers.
The constitution should absolutely prohibit
the appointment o. any member of the ieyisla-
ture. during his term, to any Office created by
the legislature Of which he was member. and
no member of the legislature should be eligible
to appointment by the governor TO any Office,
during the term for which he was elected a
member Of the legislature.
the constitution vests the full management
and investment of the school funds with the
secretary of state. encouragement and super
of public instruction. and provide.
that any two of them shall constitute quorum.
These officers are chosen without any refer
ence to their special fitness as financiers. They
are liable to be changed every two years. The
care OF the school fund, now amounting to more
than S5.GOO,00o, involves great responsibilities,
and ought not to be left to the absolute control
Of two or three inexperienced men. \ change
in the constitution in this respect is iInperl-
lively demanded.
Many other reasons, in my judgment urgent
and unanswera5le, might be presented in favor
of Il constitutional convention. The expense,
presume, would be the most serious objection
urged against it, but am satisfied that a simple
clause limiting the power OF the legislature to
appropriate money and to allow the incurrencc
of debt by municipalities, and the further pro-
vision allowing the governor to veto any clause
in an appropriation bill, would save the state
more every five years than the entire cost Of a
For these reasons ii seems to me
impracticable to make any violent radical
changes in our laws now, but such anne ndments
might be made as will correct present incon-
or repeal unwise laws. A new con-
vision Of the laws to conform to new limita-
tiOns.
The Supreme Court.
Unless it is intended and desired to deny
justice to a large class Of our citizens, it is
imperative that immediate steps be taken to
relieve the supreme court OF some Of its bur-
dens. The increase Of business has been so
great that the court is now hearing cases that
were filed four years ago, and at the rate Of
progress it has made since the commission"
expired. it will be six years before the case
filed to-day can be heard. The constitution
limits the supreme court to three judges, SO
there is no possible way Of getting immediate
relief by increasing the number, as Only an
amendment to the constitution would afford
that relief. Partial relief could doubtless be
reached by allowing the judges to dispense
with written opinions in all cases where, in
their judgment. the same questions had been
decided in previous opinions, or where only
questions OF fact were at issue. Further
relief could also be reached by limit
ing the cases that could be appealed to
The supreme court 70 those involving constitu-
.iOnal issues, or where the title Of real estate
Dr. the question of franchises is raised, or
where the amount exceeds 800. It is doubt
ess true that the fact that the court is five or
six years behind with its work. induces the
fling Of many appeals which would not other
wise be taken There would be less induce
nent for itgants in many instances to take
heir cases to a higher court if they knew a
decision could be reached in q few weeks. Liti-
cation ought to be discouraged rather than en-
outraged: and while it may be a heaven-born
right for the average citizen to go to law when
ever he pleases. could never see the justice Of
.axing a community several hundred dollars to
iefray the expenses OF a court In order that
.wO stubborn men might have the ownership
II a ten-dollar calf decided.
There is now general demand from the peo-
pie OF the state for an intermediate appel
ate court. There seems no other feasible
method of relieving the present congestion,
which works a great hardship to many worthy
especially those who have suits pend
rg against corporations, or persons wealthy
enough to be able to to take appeals for the |
'ake of delay. II, however. court Of this
character is established. earnestly recon-
mend that it be a temporary one It could be
20 arranged that it would terminate in FIVE or