The record-union., 1895-01-12

| satlon allowed their officials. Again,
| many counties have different fee bills,
| and while the Clerks fees in one county
might not exceed in a probate or con-
tested case the sum of So, in other coun-
/ ties they may run into the hundreds.
These unfounded and unnecessary differ
ences impose unequal burdens upon the
! people.
| The truth is that our existing scheme
OF county government is species of the
most unjust and unequal special legisla-
ton imaginable, along with being, as the
! courts have so frequently declared. obvi-
ously unconstitutional. The necessary
limitations of this communication do not
permit full consideration of all it's ine-
qualities and iniquities. The illustrations
presented, however, viii suffice TO draw
your attention to the condition OF the law
anu suggest the necessity for it's amend
! ment. We should lay aside all other con-
slderatlons than those OF public good and
devote ourselves assiduously TO this im-
| portant task. The members of the legal
profession in your respective bodies,
! comprising, as they do, some of the best
lawyers IN the State, should have the
matter referred to them, instead OF 10
! persons unfamiliar with the many de-
clslons OF the courts covering the matter.
! should yOu pass new Act, drawn in ac-
| cordance with the suggestions OF our Su-
| preme Court iii Dougherty VS.. Austin (94
| OSNyf
many oppressive and unjust burdens,
and freed from the necessity OF much
useless litigation.
! The laws under which city govern
! ments operate are in a scarcely less cha
! otlc state. Take for example the muuic-
! lpal Improvement bill, known as the
| Nroonlan Act, as amended, and under
| which public work is DONE This in
| many cases mposes unjust burdens upon
] property-owners and is essentially a con-
/ tractors law. 1t should be carefully
| amended. Property should have
| q right To appeal TO the courts against in
/ 1erlOr street " Ork or the failure OF the
contractors TO comply with any condi-
/ ton or specification of the agreement,
and every contractor should be put under
/ bonds TO keep the work in repair for
| three years, and during that period TO
| remedy all injury or damage thereto
/ arising from inherent defects. The cost
/ of preliminary street work under the
present Act can easily be reduced over 90
/ per cent.
| CONSTITUTIONAL AMENDMENTS.
There should be two constitutional
/ amendments submitted to the people.
one aDolishing the clause making the
i findings of one Railroad Commission
! conclusive and another requiring special
/ qualifications Tor eligibility to the office.
! Many other states accept none but men
Of special training for this most response
| BILE position. In some a lawyer, u man
/ experienced in railroad matters and q
/ business man, are required 10 constitute
| the commission. In California any one
! who can get the nomination may run.
! OF course this change might make neces-
/ sary an alteration of the method of Sc
/ lecting the commission, but as IN four
/ teen years experience in this state we
! have not covered ourselves with glory
| through the operation OF the law as ii
! stands, almost any kind OF a change
/ would be an Improvement. The finding
/ nigh, be pTtHtu Juctc, allowing either
! party TO apply 10 the courts in case OF dis
pute or manifest wrong. l bere state
/ nothing new 10 the people and intend no
/ reflection upon any individual member
| OF the Railroad Commission, past or
present, when / say that the conduct of
/ this department of our state Government
| has been from the outset a scandal and
/ disgrace. 1t appears to have been im-
possible hitherto TO elect a commission
/ the majority of whose mem bers would
not fall under the influence Of the power
/ 1ul Interest whose relations with the
! people they were chosen TO regulate. Tho
/ scandal has not only been perennial
! topic OF discussion in the newspapers,
! but 1t has gone into permanent literature
/ as an example OF the low standard OF
/ official morality in the community.
| a second amendment greatly desired
/ - one CIV ll4S 10 local communities more
/ liberal seli-gUVernmeuC in matters purely
! local, and each community should be al
! lowed TO have a charter passed TO meet
| Its own peculiar municipal needs. AS the
law now stands, a city with a charter has
/ to keep watch at Sacramento during each
session OF the Legislature TOR fear of
/ changes being attempted under the forms
OF general laws, for the special benefit of
some other city. Let US have provision
| OF the Constitution submitted to the peo-
pie which shall be sharp and expressive
and beyond all question, giving to cities
! the right OF regulating their purely local
! affairs without the interference or dicta-
tlon of a law-making body composed of
representatives from every other part Of
the State.
PROBATE REFORM.
Bills largely remodeling our probate
| laws were introduced by All able member
| from Los Angeles two years ago, and the
good work then begun should be taken
up and carried to completion. Among
other matters that might with profit be
considered Is the regulation of Public
Administrations. Except in the larger
! cities and counties, such as San Francisco
and Los Angeles, the County Treasurer
should act as Public Administrator His
office IS convenient OF access, his deputies
ample in number and the additional
! duties would not OverWOrk either him or
them. The District Attorney should be
| compelled TO act for all resident orphans
and minors in estates of less than $1,000,
a man should be allowed to apply to the
! Superior Court to prove will. deed or
other instruments by serving citations
on his known heirs in the State and by
! publishing the same for time to be pre-
scribed by law. A jury should be al
lowed either party to the proceeding, the
! judgment to be final as to his capacity at
the time OF trial and of his freedom from
duress, menace, fraud, etc. Such bill
Will be introduced, am told. during the
present session.
Another needed change in thelaw is one
requiring the acknowledgment hereafter
of an IIIegltlmate, 10 entiIle him or her to
inherit from the father, to be III a signed
writing, specifying the person intended
to be Iegitimated, and indicating the in
tentlon TO legitimate, which writing
should be signed by some person as a
subscribing witness thereto, in the de-
clarants presence. At the same time 4
bastardy law, permitting the proof i'll
| court by ample evidence OF the paternity
OF a child aud requiring its support DUR
Ing minority by the father, should be
passed. The Judgment as To paternity
before the fatEer'S death should legitilniZe
the Guild equally and for the same pur-
pose as an Acknowledgements. IN all So
cIetleS, barDarOus as well as civilized, the
doctrine is accepted that man who brings
new life into the world should be forced
to care for it during the period Of depend
ence. Ii Is bad enough tor the babe and
mother to bear the shame, while the
father passes often times as a citizen of
unquestloned respectabiiity.
BALLOT REFORM.
Our ballot system, W hile an improve
ment on the old, is still in need Of amend
meuL. The Australian plan is excellent.
and assures f1eedom aud Independence to