The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-10

I have given you the figures only o
Sedgwick and surrounding counties t,
show you their proportion of this enor
nous raise of the year previous. Th'
per cent of raise in some of the othel
| counties is Atchison 30.5 per cent; Bar
ton 1913 per cent; Comanche 40.1 pei
| cent; Crawford 29.9 per cent; Edwards
69-5 per cent; Ellis Ali per cent; Lin
Pratt 5S.4 per cent; Republic 1852 pei
| cent; Rush 55.S per cent; Saline 45.4 pei
cent; Stafford 38.4 per cent, and Wash
/ ington BIG per cent.
| The railroad taxes reduced and yours
raised the enormous sum of $4S3, 141 and
| the officials who did this were all re-
| nominated 1 want you taxpayers to
think OF this proposition.
The Nominating Contests.
And now to other matters which !
will not have time to argue at length,
but hurriedly touch upon. After noting
the proceedings of the nominating
board in ignoring all the facts connect
ed with contest matters and after read
ing the decision of the supreme court
that the action of that board is final,
we want the law repealed allowing
three people or majority of the three
the power to disregard the rights or the
other motives disfranchise the voters OF
We favor some legislation relating to
assessing property that would be uni
cutting down the profits now being
made by the state printer graft, ana
the constitutional amendment Wnlcn
will be submitted to the voters this
fall allowing the governor to veto Ger,
tain parts of appropriation bllls anu
approve others ought to be carried.
The legislature should pass bill d.
viding this state into eight congreSslon-
al districts, and we favor legislation III
relation to public utilities, and also
some change in the law concerning state
funds if they are to be Immediately
turned over to the state treasurer when
taxes are collected; and the gas and OIL
productions becoming such an import
ant factor in this state, we are IN 1aVor
of the immediate enactment OF such
laws as may be deemed necessary 10
properly care for and protect the same
L have not the time now, but shall
discuss on other occasions the Wllful
extravaganza of the last legislature; the
change of venue in felony cases that we
in the pardon and parole system that L
believe to be necessary
Change In Jury System.
We also need come changes in our
jury system and procedure before the
courts; something that will tend 70 eX-
pedite court trials and do away with so
much of the court costs that are now
a burden upon the people. Eight years
of judicial experience in TINS great
county has taught me that some actlon
not worth cents to the community
goes out and commits crime and 1t
takes months of delay and a cost OF
thousands of dollars to try him. He or
his friends hire some astute lawyer,
and files a motion for con-
tinuance His ingenious lawyer
draws up an affidavit and the court
must consider the motion upon that.
The state is not allowed to file counter
affidavits and let the court get at both
sides of the matter, and after a hear
ing decide it. You know that a l1t1gant
willing to do the usual amount of swear
ing can force a continuance for several
terms. Suppose an amendment were
passed allowing a motion of that char
acter to be heard on anidavits or oral
testimony furnished by both sides, what
would be the result? Not one motion
filed then where there are twenty-five
now. Less perjury committed, and less
costs for the litigants and the county:
1t would expedite trials and we would
have the testimony given to the jury
while fresh in the minds of the witness
es. The public is irritated by long de-
lays and the taxpayer is groan1ng I'M
der the burden of great court costs.
While we are thorough believers in the
Jury system, we want it changed so that
the jury can legally be empanelled
without such great effort and costs.
This country is being gridironed by
rural delivery routes. The energetic
man follows up the post
office inspector and furnishes q box and
daily paper to the farmer. The swift
publishes in full everything
court matters. 1t follows
almost as regularly as the market and
stock reports. The county telephone
system is being installed and soon ev-
cry farmer in pOpulouS counties ana
will be reading the news
paper about or talking over the tele-
phone with his fellowman concerning
the events of the day, and it will be al
most an impossibility to get a juror on
MT
has not read or heard something of the
case. In fact q juror that doesn't read
DIT talk of events is hardly competent to
serve as such. Now the rules that OBJ
tanned fifty or a hundred years ago,
under altogether different circum-
stances, are not fitted for the present
order of things, and q change ought to
be made. No one is better able to de-
Lermine the competency of juror than
a trial Judge, and the retention or rejec-
ton of a juror ought to be left solely to
the discretion of such Judge He has
the Juror before him, and in the exam
nation can better determine the fitness
Of that juror than an appellate court
simply reading from the records. Busy
men frequently return answers toescape
Jury service, that seemingly disQualifieS
hem, when in fact they would make
The best and most competent jurors in
he very case in which they are being
examined. and it would be very seldom
hat a juror had such an opinion from
-eading newspaper articles or talking
With some one not a witness in a case
,r to the transaction, that ought to dis
Iualify him as q juror, yet some loose |
Expression of his, wormed out of him |
0y some lawyer in the examination, |
,auses the trial court to excuse him for |
ear the supreme court might grant a |
lew trial on account of the retention of |
hat Juror and thereby cause another |
big bill of costs to be taxed up against |
he county. / have run across a juror |