The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1913-01-10

is necessary that the state provide
more money for the publicity pur-
poses. The immigration commission
has been greatly hampered in its
work by lack of funds. / will not
suggest the amount necessary but
leave it to the best judgment of the
legislature, hoping that the appro-
priation may be based upon the re-
suits already achieved by this COM
mission since it's organization to-
gether with the possibilities of flu
ture development. A law should also
be enacted authorizing county COM
missDners to aid properly organized
local development associations in Sc
curing for the commission all neces-
sary local data and descriptive ma
terial.
Legislative and judicial Reforms.
Judicial Procedure.-That a change
in the present system of judicial pro-
cedure is necessary has long been
recognized. The present system is
not chargeable to the courts or the
bar of the state. All courts and law
yers are bound by legislative enact
ments and judicial presidents, but
the federation of a system of judicial
procedure unnecessarily complicated
and which does not afford speedy JUS
tice at a minimum expense is rather
chargeable to a general indisposition
to interfere with any well established
system of courts or their procedure.
There is today manifest every
where growing prejudice, against
our courts caused largely by delays
as well as technical and complicated
procedure for which the courts are
not responsible. Approximately one
third of all the appeals taken to our
supreme court are based on questions
, of procedure. Under the present Sys-
tenn, cases can be kept in the courts
for years without any determination
as to the merits thereof. The poor
litigant is often exhausted and COM
PEELED to dispose of his claim as best
he can, while the wealthy litigant
can carry on his numerous appeals
to the courts without financial en-
barrassment Therefore, the first
important reform necessary is the
F, adjustment of all appeals except on
final judgment.
This is equally true as to criminal
matters. Criminal prosecutions are
often hampered by technical ques-
lions of procedure which delay the
enforcement of the law and inspire
the criminal with the hope of finally
escaping punishment.
In the selection of jury the in
telligent juror, who admits that his
knowledge of the case has created in
his mind an opinion as to the guilt
or innocence of the accused, which
will require some evidence to re-
! move, is disqualified, while he, who
is neither intelligent nor informed,
or, if intelligent, is willing to swear
that he has no opinion whatever as
to the guilt or innocence of the ac-
cused is quickly accepted as juror.
Technical questions are often per-
mitted as a basis for appeal in i'm
portant criminal cases, and when the
case is finally tried on it's merits wit
nesses have disappeared and the
community lost all interest in the
prosecution of the crime. These are
some of the considerations which
have prompted me to request from
you the modification and reform of
our judicial procedure.
Uniform egislation.-Closely re-
lated to the question of legal pro-
cedure is that of uniformity. Owing
to modern methods of transportation
and Accommodation the various
states and cities of the nation are be-
coming more and more dependent
upon each other These interdepend-
ent relations require the adoption of
more uniform legislation. The Min
nesota commissioners on uniformity
of legislation have recommended that
this session adopt the uniform nego-
table instruments act and the uni
form law relating to divorce and fam
lily desertion. In this recommends
ton heartily concur.
Minnesota at the special session
ratified the federal income tax amend
ment and it is only a question of time
when a state income tax will be
adopted. When that time comes, it
is essential that the tax should be
uniform throughout the various states
1t has been found by experience that
a high income tax rate in one state
will operate to the advantage of
neighboring states which have lower
rate Capital will naturally seek in
vestment in the states which are most
liberal in regard to taxation, and if
the rates were uniform, or nearly so,
no advantage could be gained by
transfer to another state. Careful
consideration should be given to this
question, for | am confident that in
the near future all taxes on personal
property will be abolished and an in
come tax substituted in lieu thereof.
as that is unquestionably the fairest
and best method of taxing personal
property.
Legislative Reference Bureau.-An-
other important agency that will aid
in the reformation of judicial pro-
cedure and the enactment of whole
some legislation is legislative refer
ence bureau. There is very little diff
ference of opinion as to the value of
such bureau. The serious obstacles
to be overcome are usually with ref
erence to it's organization. 1t is
fundamentally necessary that it
should be closely connected with the
state university. The state should
have at it's disposal all the activities
of its university which would make
such reference bureau available to
every department of state. On the
other hand the university should have
for the benefit of its students and
teachers the training and experience
which the original investigation and
research of such a bureau would af-
ford. An earnest effort should, there
fore, be made to agree on the best
plan of organization so that Mime
sofa may have legislative reference
bureau which will be a permanent in
strumentality for research. investiga-
ton and information available to
every citizen OF the state.
Prevention of Crime.
1t has been stated by an eminent
a11thnritE q, nennlnuY that the I'M