The representative. [volume] (St. Paul, Minn.) 1893-1901, 1897-02-10
A PROFOUND PLEA.
A Colorado Judge Makes Some
Very Valuable SUGGESTIONS.


Political parties. through the cor
ruptiOn. conservatism or divided
counsels of their leadership, frequent
ly fail to express in their platform all
that they stand for. This has been
the history Of the Democratic and Re-
publican parties for years. and meas
urably Of the Peoples Party. Leaving
Democrats and Republicans to work
out their own salvation, as POpulists,
let us study to honestly place before
the people the real place of Porulsm
in history. II we are fully under
stood, our opponents will not hereaf-
ter gather victory from fields of ignor-
ance.
In general, all Populists commend
the Omaha platfrom as the one and
only authorized expression of Populist
doctrine. 1t is great in substance and
an inspiration in expression. 1t deals
with the cardinals Of government;
land, transportation and money.
Within these lines. it proposes re-
forms. But holding by the faith we
have as expressed in the Omaha plat
form. it is not saying too much to al
lege that the Populist party stands
today for more than it stood for when
Ii.
will continue to stand for more and
more until the prominent evils we
complain Of shall have ceased to null
tiply machinery tor their own execu-
ton. The DIES truction Of the effective
means Of evils is the only practicable
reform.
Prominent among the equipment Of
present economic conditions, is too
compliant judiciary. Change in the
methods OF legal procedure Is there
fore desirable to the end that Justice
may be admins tered by the courts
fully, freely and speedily. At pres
ent, the judge has too much power,
and is too frequently offensive to the
public conscience in the use Of this
power. Commenting upon this fact,
The American Lawyer Of New York,
ia non partisan journaD. in it's March,
stances, of late, wherein judges have
been charged with corruption, private
or official, and seemingly with suf1i-
Gent cause, is deplorable. 1t would
almost seem that we are approaching
the point where such official scandals
are the rule, and not the exception, as
in the fist period of our history"
And aside from this authority, public
belief in the decadence of the judi
ciary is so persistently assertive as to
warrant legislative attention.
The following propositions are tent
alive, but if they were enacted into
law in the various states and by Con-
gress, it is probable that much judi
cial misconduct would be avoided.
l. Amendments ought to be allow
ed as of right and without leave Of
court, at every stage of a suit, both
n TO ,f lct
ly upon reasonable notice to the op-
posite party or his attorney.
2. Practice decisions and judg-
ments should only be valid as bases
for amendment, or new trial.
3. Every civil judgment ought to
be mpeachab BILE, directly and collater-
ally, when not rendered upon the
merits, when obtained in whole or in
part by perjury, or when contrary to
justice, except when expressly based
upon statute Of Limitation, or upon
a constitutional or statutory prohibit
ton.
a. The jury should consist Of an
odd number of jurors; jury trial Sc
cured in every case; the jury made the
judges Of both law and fact in both
civil and criminal cases: a majority
verdict provided for, and the vacation
Of verdicts by the trial Judge pro-
hibited except upon proof Of miscon-
duct OF one or more OF the cOncurring
jurors without the fault Of the party
moving against the verdict.
5. Every judge, justice Of the peace
and juror, should be held civilly
and criminally liable for the miScar-
riage Of justice in any case where they
are engaged, except upon showing
that such miscarriage was not due to
their fault.
The inequalities Of taxation is an
other item in the aggregate OF causes
which have produced and continued
present conditions. The PopuliSt
party in relation to the question Of
taxation, stands for the taxation of
all property at its full. fair cash
policy eXempting from taxation such
property as is exempted from execu-
tion and attachment by the laws of
the several states. The following
propositions, if enacted into law ia
the several sta ties, would perhaps be
found fairly adequate to to the de-
sired result.
/. All property should be assessed
for taxation at its full, fair cash
value.
2. All property. private and corpor-
ate, including franchises, should be
assessed for taxation by the local as
SCISSORS, and the local assessments
should only be treated by the state
boards of equalization, (without re-
ducing tine grand aggregate OF assess
menU, with view to equal!ziGg tie
taxes to be collected for state pur-
poses among the several counties.
3. Owners OF property should be
required ia return tn the aScpSSor
with description OF the property,
the full, fair cash value Of their prop
erty in the several assessment dis
tricts, and the assessor should be re-
quired to assess all property not re-
turned or returned all than its full,
fair cash value, at double its full, fair
cash value.
4. TO the full, fair cash value OF
over-capitalized corporate property,
tue assessor should be required To add
such per cent thereof as will equal the
per cent of difference between the
market and par value OF the common
corporate stocks. (Ths is upon the
theory that the corporation has de-
rived the benefits OF over-capitalixa-
ton, which benefits are It's property
and ought to be taxed).
5. To the full. fair cash value of
undcr-capitalizcd corporate property,
the assessor should be required to add
such per cent thereof as represents
the per cent OF difference between the
par and market values OF the prefer
red stocks OF the corporation. (This
is upon the theory that under-capitaI-
ization is the result Of "freczing out"
the original or common stakeholder
and is u benefit to the preferred or
Il