Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1895-02-01
VIII T JUDGES THINK
Opinions of Idaho Judiciary on Reducing
Public Expenses.


With a view of being able to make
suggestions to the present session of the
Legislature, looking to a reduction of
public expenses, Governor Mcconnell
recently addressed letters to each of the
five district judges, asking them for
suggestions of needed legislation to
bring about a more economical admin
istration of our laws says the Boise
Statesman.
Judge Piper, of the Second; Judge
Stockslager. of the Fourth, and Judge
Standrod, of the Fifth district, ans
wered the communication and for
warded their opinions which together
with the recommendations of the SUI
preme court judges have been trans
mitted to the house and senate.
The supreme court judges suggest
an amendment to section 1912 revised
statutes, so as to allow party dissat-
fled with the Cost claim of the opposite
party in suit 10 days in which to file
motion to have the same taxed by the
court in which judgment was rendered
instead of three days as at present.
Representative Wyman introduced a
bill covering the ground 1t has al
ready passed the house.
Attention is also called to section 107
of page &c. first session laws, as being
in direct conflict with the constitu-
ton in this, that it provides, that if
any two or more persons have an equal
and the highest number of votes for
member of either house of the legisla-
ture. for judge of the supreme or dis
trict courts. for district attorney or any
state office, the state canvassers shall
proceed a nv lnf toh 81
the candidates shall be declared elect
ed" The constitution provides that in
such instances the two houses of the
legislature shall by joint ballot elect
one of such persons.
ROAD OVERSEERS.
The judges also make the following
recommended tons
Amend section SS7, revised statutes.
so as to extend to towns and villages
the power to appoint road overseers,
which. under the present law, is only
granted Incorporated cities
Amend section 4,139, revised statutes
so as to require clerks of court to in
dorse the hour and minute complaints
in civil actions are filed.
Repeal of section 1873, revised stat
utes.
Amend section 1850, revised statutes
so as to obviate constitutional objec-
lions found in Caterill VS.. L. p. Ry., re-
ported in second Idaho reports, $40.
Judge Standrod thinks the present
law allowing sheriffs 35 cents mileage
each way in arresting criminals and
taking them before the magistrate.
should be modified
Referring to the law enacted at the
last session, providing for the payment
of fees of witnesses Judge Standrod
says: This law gives every defendant
at least five witnesses absolutely and
then provides for more in case of neces-
sity. This law is an outrage upon
the law abiding citizens and the tax
payer. Whatever may be the wealth of
the defendant the county must furnish
him witnesses for his defense" The
matter of providing witnesses should
be left to the discretion of the court
He also suggests that the mileage of
jurors be reduced one-half.
Judge Piper would fix the mileage
for all jurors 20 cents per mile one way.
He also favors reduction of sheriff's
mileage from So cents to 20 cents and the
reducing of keepers fees to 81 per day.
CLERKS FEES.
He suggests the following reductions
in clerks fees; In all cases where copies
are furnished for parties, the fee for
certifying to the correctness thereto
shall not exceed % cents; for issuing
decree or order of sale, reduce to Is
cents; strike out provision for 10 cents
for swearing witnesses. In cases of
appeal from justice or probate courts,
where the judgement exclusive of costs
does not exceed $25. 1t should not be
appealable.
A change in the law so as to allow
constables and justices more reason
able compensation for their services Is