The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
STUBS TO SOLONS.
Continued from Page one.)


giving them means and power to OBJ
tain physical valuation of the property
and plants of these corporations, to
fix and adjust rates upon their own
motion and to regulate rates and ser
vices in the interest of the people of
Kansas and the investors and en-
ployees of these corporations.
3. I recommend that the city
council. or city commissioners in cities
that have commission form of gov
eminent be constituted a public
utilities board to have control OF local
public utilities such as gas. electric
light. water supply, telephones and
utilities of this character; giving the
right to the corporation, the local
public utilities commission or any
tax payer to appeal to the statewide
public utilities commission in cases
of disagreement, similar to the pro-
visions of the Wisconsin law, which
have proved beneficial and satisfactory
to citizens and public utilities alike.
Laws Delay and MistriaI.
l. The laws delay and mistTial of
cases has been the subject of much
bitter criticism throughout the nation
for many years. Perhaps the most
fruitful source of delay in trial OF
cases has been the requirement of
unanimous verdict by our petit juries
in civil cases. Several states have
recently provided for a threefourths
jury verdict with very satisfactory re-
suits. The law requiring a unanimous
verdict of a jury in civil cases is
greatly to the advantage of big cor
porations and powerful or influential
litigants, who are able to hang jurieS
and delay the final decision of cases
by securing one or more friendly jur-
ors. This is especially true in personal
injury and death loss cases brought
against employers of labor.
,. Some states withhold the salar
les of judges who delay decisions be-
yond a limited time. Kansas can
Appeals on technical errors, which
are not material, or technicalities
which the supreme court decides have
no merit, should subject the appellant
to substantial costs.
g. recommend that the law be
so amended that the judgment of nine
jurors out of twelve shall decide civil
cases in Kansas.
f. l recommend that a law be en-
acted requiring the supreme court to
disregard errors that do not affect the
substantial rights of parties in crimi-
nal as we'll as civil cases.
5. I also recommend the enact
ment of a law providing that no GRIM
inal judgment shall be set aside, or
new trial granted, for an error in the
admission of evidence, unless the sub
stantial rights of the complaining
party shall have been affected
Power to Remove Derelict Officials
1. In some counties in Kansas Of
ficers charged with the enforcement of
the prohibitory law have utterly failed
to do their duty. The consequent bur
den and expense of law enforcement
in these counties has falle-. upon the
state and caused heavy expense in
the employment of special deputy
sheriffs and assistant ATTORNEYS gener-
al to do the work that should have
been done by the regular local Off
GERS. Under our present law the gov
ernor is charged with the duty and
obligation of enforcing the laws of the
state, but he has not corresponding
power to require effective enforcement
of law by local authorities. If the
governor is to be held responsible for
the enforcement of law in all the
counties of the state he should be
given full authority to compel if
necessary, local executive officers to
do their duty. In several states of the
Union the governor is authorized by
law to remove from Office sheriffs
county attorneys and other public Off
Gals who fail to do their duty. set
ting forth in writing his reasons for
such removal, after giving them a fair
public hearing.