Semi=weekly graphic., 1896-12-19
NEEDED LEGLSLATION.

to,,tarv next. Since its last ad- .s,rnment the newspapers Of the stofe have discussed in theireolumns manv questions relating to our inter naI administration and pointed out ,aanv defects in laws on the statute hoolSs. which obviously could be im- nroved by iudicious legislation. But .nfortunately for the people the ngesept Constitution stands as an a4ecfnal bar to the passage Of many e ramedial statutes. We have hereto fore had several Legislatures which sow and felt the need of certain re- forms. and were willing to apply the nrnning knife. but they found their hands tied by constitutional provis- ions. Still, it is the opinion of many oi the ablest lawyers in the State that much relief can be brought home to the people by wise and well considered legislation, notwithstand- Ina tine cra1npad and confining pro- vision of our present Constitution.
 The fact is, our first need is d new Constitution. When our present organic law was formed the mem bers of the convention were sur rounded by such conditions that they did not feel free to make such a Constitution as they would have made if the restraining conditions had not been present. For six years our State and county treasuries had been raided under the forms of law by irresponsible carpetbag-office- holders and their pals and con federates. until the real citizen and taxpayer was exhausted both in pocket and patience, and when they were permitted, through the elem enc1 of the Federal government, to meet in convention and form a Con- stitution. the idea which dominated all their deliberations was to SO tie the hands of the Legislature and ofice-holding class, that no chance should be left for fraud or peculation. This was done. but in accomplish ing this result they also so restricted the powers 0f the Legislature as to prevent the passage of laws which experience has demonstrated would be wholesome and tend to the devel- ooment of the resources of the State.
 The country is to beeongratulated, however, upon the fact that there will be in the present Legislature several able lawyers who are thoroughly in sympathy with reform and progress, and to them the peo- pie look, confidently, for the passage of such remedial legislation as will pass muster before the courts, and not be overwhelmed by eonstitu tional breakers.
 But, Notwithstanding the restrain ing hand of the Constitution. which will lie upon the will and judgment of the Legislature, there are many wholesome and remedial statutes which can be passed which would not be in contravention of the. or ganic law. Several might be men, toned. We will name few:
 As the law now stands both the general and local officers who have to give bond for the faithful dis charge of the duties of the offices are required to furnish resident local bondsmen. This could be so amend ed as to allow the officers to arrange with some responsible security and guaranty company to make good any default and to answer for any damages which might come through any misconduct of the officer. Ex- perience has demonstrated in cases where individuals stand on the bond 1 and default occurs and the indiyid- uals are likely to be financially ruined or greatly embarrassed in order to make the default good, that the peo- pie sympathize with the bondsmen, 1 and if suit be instituted to recover the amount, the iuries will not find | against the defendant if they can find any excuse for not doing so. This dsinelination of juries to find for the plaintiff in such cases has solid | foundation to rest upon. Why | should few men in county or State make good the default of an officer elected by the whole people, and is as much the officer of one citizen as another? When the prop osition is stated but one answer need | De 0eexpected from the average man. But how would the case stand if a guaranty company was on the bond? Every man would at once say, and honestly believe, the com pany ought to make the default oood, for the reason that the com -------s--.----.-