The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1895-01-18


the amount recoverable therefor should not b
subject to statutory limitation The power @
the courts to set aside excessive verdicts Is
sufficient guaranty against abuse OF the right
There should be clear and well-defined limi
tations of the powers of corporations. and tn
legislature should be restricted in its modes o
authorizing the organization of corporations
and reasonable tax should be imposed 70
every charter.
The present constitution provides that "a
laws of a general nature shall have uniform
operation throughout the state, and in al
cases where general law can be made applica
BILE, no special law shall be enacted" Tn
early decisions of the supreme court. that IN
legislature is the proper judge of whether tn
general law should be made applicable (de
cisions that have been so long followed tina
they have become practically part OF tn
constitution by long-continued usage). practi
cally renders this clause OF little force Their
should be q prohibition Of special legislatio
which should te universal. except in cases G
the most urgent necessity.
Trusts and combinations to enhance prices
should be prohibited in the constitution.
There should be limit to the value OF tn
homestead exemption allowed. so that proper
ties Of great value may not be held beyond tn
reach Of creditors. The present clause in tn
constitution was placed there when very FEY
quarter sections were worth more than 81 .OOl
while now many with improvements are wort
each from $4,000 to $4,000.
The provisions with regard to the electiv
franchise should be so changed that partie
guilty OF betting on elections. or OF giving o
receiving bribes or OF promising or receivin
promises Of emoluments, should not be entitle
to vote.
The receiving OF passes, franks or specla
privileges from railroad, sleeping car. tele
graph or telephone companies should be pro
hibited to all public officers.
The constitution should absolutely prohibi
the appointment Of any member of the legisla
ture. during his term, to any office created By
the legislature Of which he was a member. AM
no member Of the legislature should be eligibl
to appointment by the governor to any office
during the term for which he was elected
member Of the legislature.
The constitution vests the full management
and investment Of the school funds with tn
secretary of state. Encouragement and super
intendent 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 finalciers. The!
are liable to be changed every two years. Tn
care OF the school fund. now amounting to NOR
than S60OO,0O0, involves great responsibilities
and ought not to be left to the absolute contro
of two or three inexperienced men. a change
in the constitution in this respect is impera
lively demanded
Many other reasons, in my Judgment urgen
and unanswerable, might be presented in favo
of a 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 u
appropriate money and to allow the incurrenct
of debt by municipalities, and the further pro
nj no To IN e1n
in an appropriation bill. would save the state
more every five years than the entire cost Of a
For these reasons it seems to me
impracticable to make any violent or radica
changes in our laws now, but such amendments
might be made as will correct present incon
sistencies or repeal unwise laws. A new con-
when adopted will necessitate re.
vision of the laws to conform to new limita
tionS
The Supreme Court.
Unless 1t is intended aud desired to deny
justice to a large class of our citizens, it /:
imperative that immediate steps be taken tC
relieve the supreme court of some OF its bur-
dens. The increase OF business has been so
gr eat that the court is now hearing cases thai
were filed four years ago. and at the rate OF
progress 1t has made since the commission
expired, it will be six years before the case
filed to-day can be heard. The constitution
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 tC
the supreme court to those involving constitu-
tional issues, or where the title of real estate
or the question of franchises is raised, oil
where the amount exceeds $500. 1t is doubt
less true that the fact that the court is five OF
six years behind with its work. induces the
filing of many appeals which would not other
wise be taken. There would be less induce
ment for litigants in many instances to take
their cases to q higher court if they knew d
decision could be reached in few weeks. Liti-
CATION ought to be discouraged rather than en-
and while it may be heaven-borI
right for the average citizen to go to law when.
ever he pleases, could never see the justice o.
taxing a community several hundred dollars tC
defray the expenses of a court In order thai
two stubborn men might have the ownership
OF a ten-dOllar calf decided.
There is now a general demand from the peo
pie of the state for an intermediate or appel
late court There seems no other feasible
method OF relieving the present congestion
which works great hardship to many worthy
litigants, especially those who have suits pend
ing against corporations, or persons wealthy
enough to be able to to take appeals for the
sake OF delay. II, however, court OF this
is established. L earnestly recon-
mend that it be temporary one. 1t could b'
SO arranged that it would terminate in Of
six years, and any future legislature cou
vide for its continuance II 1t was found neces'
sary.
"uuicial Districts'
curing tne years When tne population OF
hahsaS was rapidly increasing anu ne" couh
ties were Deing organized at each session OF tht
ieglslature' ne" Juulclal olstrlcts were created
many OF them anticipating future CROWN o
the western portion OF tne state that mas ho'
oeen reallZeu Ihere mas Deen III certain sec
lions OF the state marked decrease III the pop
IA