The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-01-17
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+ TO S0loNS o.. N!
Judge Mitchell Still Points Out
Defects in Present
Statutes
Culdesac. Jan. 16, 1905

To The Ieller.
In my last / spoke of the many dis
advantages experienced by reason Of
the crudeness of the labor lien law.
now wish to call the attention Of the
legislature to another grevious pro-
vision on the statutes which might be
cinct officers (constables especially
larger Jurisdiction in cases where a
sheriff can now only act. For instance
we will say that Brown has a chattel
mortgage on 20 head of Jones' cattle
for $3.50 with interest which has be
come long past due and Brown wants
TO foreclose, his lawyer can get out all
the necessary papers but the precinct
constable can not serve the execution,
il must be sheriff. Now suppose that
Brown lives in the far west of the Sho-
shone addition to Nez Perce county, he
has got to bring an oficer 100 miles
who serves the paper, gives the 10 days
which include 100 miles at S5c per mile
He then goes back to the county seat
waits 10 days then comeA back again
another 100 miles at 35c per mile and
sells the cattle. Now after he has
charged up all his mileage, costs Of
serving papers and commission and
paid Brown where is Jones going to
get off at While a bonded constable
is all the time on the spot sucking his
thumbs. This statute bears most un-
mistakably the earmarks of the law
maker who resides at the county seat
and wants all grist brought to that mill
This is species of Capitalization
which is not fair to the county at large
and therefore every precinct omcer
should be enabled by law to have or
iginal Jurisdiction over the largest pos
sible measure of both criminal and
civil cases in his precinct, thus not
only lessening the burdens of the high
er courts whose dockets are now
gorged to such an extent that demands
are being made for extra courts. IL
this legislature would devote more OF
its time to rectifying some of the de-
fects in the plethora of laws they al
ready have, than to making more Oh
the same kind, they would in my hum
BILE opinion be doing the state better
service and in this connection case
in point has already appeared. A
county road law is being introduced
which has "nigger in the wood pile
already. / allude to the roadmaster
What in heavens name do We wan'
with county roadmaster when VIC
have a county surveyor under a salary
in every county or state l have beer
in. where they have good roads the
county surveyor has charge OF all ths
highways in the county all poll taxes
and road taxes are paid in cash and Il
the county is bonded all this goes int
road fund. The county surveyor
knows to a dollar. what he has to spent
on roads each year and If he onl!
makes ten miles of road they are tel
good ones, he having surveyed givei
the grades, made an estimate and hat
the work done, under bonded con
tract, and he accepts or REJECTS IN
work. not the county commissioners
for as a rule a county commlsslohe
knows very> little about how roa'
should be built and we have plenty
evidence Of this fact all over the stat
but by this plan in few years ever
main thoroughfare in the county woui
be good and the peoples money woui
not be frittereL away in mud holes
The new road bill now before the leg
islature is in my humble opinion
good one minus the 'roadmaster. mo-
the question is will the legislature CIV
any time to these necessary amend
ments of our present laws or will the
consume the entire term by discussin
the merits or demirits of every mem
bers own bill," or bills by cranks, hk
Day OF Ada county, wanting to pt
fool laws on the statute book OF
sumptuary character which neVe
were or ever will be respected. Sine
commencing these articles my after
ton has been called tocthe law or pei
jury which will take up in my ne'
together with some other matters in
the statutes of Idaho. Yours,
JAMES T. MITCHELL. j. P.