Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-01-09
PRIMARY ELECTION Law
Continued from page 81

PRIMARY ELECTION LAW ]
CONTINUED from page 80
that an appeal may be taken from the
county court to the district court, OF
1t may be taken direct to the supreme
court. II the appeal be to the district
court 1t is taken in the same manner
as an appeal from the justice court
. II the appeal be to the supreme court
1t is taken in the asme manner as II
taken from the district court. This
practice does not relieve the district
court from the work intended and, at
the same time it entities everyone to
two jury trials. If a defendant is
convicted in the county court, he can
appeal to the district court and there
have his case started anew on the
facts, and before another jury. The
party losing civil action before
jury in the county court, can appeal
to the district court and there have
his case tried anew before another
jury. This is no relief to the district
court and is an increased expense to
the county. The judge of the county
court with increased jurisdiction, must
be a lawyer. He is governed by all
the rules in the trial of civil and
criminal actions in his court that
govern the judges in the district
court He in3tructs the jury on the
law and if he does hot err there is no
reason why defendant should have
another trial on the facts, therefore
recommend that
Section 1922 Of the Revised Codes Of
1905
be amended so as to provide for an
& appeal from the county court direct
to the supreme court. This will re
1ieve the district court of such work
and will save the counties with in.
creased jurisdiction great deal OF
expense.
School Fund.
The moneys realized from the sale
of school lands have increased enor.
mous1y and, under the constitution
and the law, the same may be in.
vested in first mortgages on real
estate, not exceeding one-third the
value of the land. This I regard as
the best possible investment and the
4 best possible security, and I believe
/ that the loaning Of the school fund
upon real estate under the foregoing
limitation, ought to be encouraged. ]
am informed, however, by farmers
who have made application for loans
that there was SO much fred tape
about it and so much delay that they
were obliged to abandon the loan and
borrow the money from the bank and
4 loan agents. The law in this respect
ought to be simplif1ed in such a way
as to make the state safe and at the
same time enable the borrower to
procure his loan without unnecessary
delay, to the end that this school fund
may be put to work accommodating In
terest and at the same time assisting
the pioneer in the building up and
developing of the state.
Drainage.
The conditions prevailing in the
Red river valley for the past several
years require Of us, at this time, some
additional legislation on the subject
Of drainage. know that the repre-
sentatives from that district have
been studying the question for years
and are well Informed as to the means
necessary to secure proper drainage
and as to the laws necessary to enable
them to secure the means. The peo-
pie of the Red river valley are most
interested in this subject, that in any
other portion of the state, and, while
whatever law is passed upon the sub
ject must be general one, I think
that the representatives from other
portions Of the state should, In fair
ness to the representatives from the
valley, assist them in every way to
secure such a drainage law as will
meet the emergency In that portion
of the state, and which is consistent
with conscience and the constitution.
In this connection I call your atten-
ton to the fact that in 1905 twenty
one states and three territories passed
( rainage laws which may be found In
the state library and which no doubt
will be Of great assistance to you in
the enactment of drainage law.
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