The Topeka state journal., 1919-01-30
ORGANIZE COURT
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Continued from Page One)
anything but the merits of the re-
spective claims.
TN wrong determinations of the ex-
istence of the ultimate facts in issue
when such determinations are due to
hindrances of the trial agencies.
I'm wrong determination of the ex-
istence of the ultimate facts in issue
when such determinations are due to
inherent defects in these trial agencies.
I'm the wrongful application of just
laws, in the wrongful application of
unjust laws. or in the rightful applica-
ton of unjust laws"
In addition to recommending that
district and probate court sessions be
limited to five and a half hours a day
Higgins asserted that district judges
during trial sessions should be relieved
of every other duty. Higgins urged
that the convention take official ac-
tion on his recommendations either by
committee or resolutions.
Judicial System Defective.
T. A. Noftzger, Wichita, who opened
| this afternoons session with an ad-
dress on court procedure, said that
while he is not in sympathy with much
of the criticism of courts and proceed
ure, there are reasons why the pres
ent court system does not meet the
requirements of modern business sit
uations.
ut seems to me the judicial system
of our state is defective in four par
ticulars." he said. I'm the first place
the jurisdiction exercised by the courts
is too much circumscribed. There is
no reason 0hy they should not take
cognizance of the controversy at its
very inception rather than wait until
damages have been entailed and the
situation has become involved. When
two men claim to have been elected to
the same office there would seem to
be no good reason why such matter
could not be inquired into Immediate
ly. The charges made by a corpora
ton are exorbitant; one can bring
suit and have the rates enjoined, but
the court will not make an investiga-
ton and declare what the proper rate
is. Under our system. SO far as the
courts are concerned, there seems to
be no way to learn exactly what the
law is until some one has violated it.
The legislature. itself. in performing
it's own functions. is compelled to
guess not only what the statute it may
be passing at the particular time will
mean, but also what has been the law
prior to the passage of the statute.
Legislature System Inefficient.
"Since the foundation of our gov
ernment it has been a fundamental
political precept that the legislature
must be composed of two houses. This
idea arose, not only on account of the
L
extent, of course. ON account of the
form of government in Great Britain
at the time state governments, began
to be established in this country. This
arrangement was established in order
that the constituency of neither house
of such a system has long been ap-
parent to every person not blinded
by political prejudice. No machinery
could be contrived better fitted to
present the enactment of wise laws.
In our form of legislature no indi-
vidual ever becomes responsible for
any law that is enacted in fact every
law is likely to be the result of com
promises between conflicting theories.
If any one theory should be carried
to a definite end, the legislation might
be logical, definite, and on the whole
/, fairly satisfactory. but. under our
method of legislation by compromise
laws often become indefinite, illogical
and not satisfactory to anyone"
Noftzger entered into a discussion of
the proposed constitutional convention.
The members of the legislature
will not let the people rule" he said,
after calling attention to the fact that
popular government is supposed TO be
effective by this system. "If we should
/ have a constitutional convention, in
stead of submitting a constitution un
| der which the people can really rule.
that convention would submit one
which might allow something that the
people want, but would circumscribe
and limit them in many other re-
spects."
He warned against a bulky consti-
tuition. and called attention to the evils
caused by the cumbersome constitu-
tions of several other states.
/ Decries Wilson Attitude.
\ David Ritchie, a prominent Salina
lawyer, who also delivered an address
dthis afternoon, called attention to the
N fact that congress has almost abdi-
Gated its power to President Wilson
land other executive departments He
declared that the Wilson attitude of
X not consulting congress in the peace
n problems of the day could not be al
lowed to continue without striking at
Hthe very vitals of our institutions" He
said in part:
H Again. during the last four years,
BTt seems to the writer. that conforming
l to the notions of concentrating auto
cratic, arbitrary and discretionary
power. in the functionaries of govern
ment, that the congress of the United
States has almost abdicated its power
L to the executive; it has, at least, at
Il tempted to vest more discretionary
power in the executive departments of
Y the government than could have been
\ dreamed of a few years ago. This
f. may. or may not have been necessary
Z during the conducting of the great
\ war. that is just drawing to close
/ but however that may be, ii certainly
{ cannot be necessary after the war has
I oeen closed, and. as it seems 10 me- it
/ now becomes the duty of the intelli-
! ~ent citizenship of this country to see