Year: 1874




of thousands of dollars.
sUBMITTEDINN NO SPIRIT OF DIcTATIoN.
These recommendation are respect
fully submitted in no spirit of dictation
to the law making powers of the
State, but under the sense of our obli-
cation. as officers specially charged
with the duty of protecting the State s
interest, and of citizens cherishing the
warmest affection for, and interest in
the welfare of the Commonwealth.


OTHER CHANGES.


There are other changes which may
be made In the whole system of crimi-
nal prosecutions. 1t is not however
every change which is reform or bet
terment of existing inconveniences,
and while we do not pretend to have
exhausted the catalogue of judicial re-
form, we have abstained from further
or more Radical changes in our time
honored system, for fear that a spirit
of innovation might be evoked which
would rudely shake or overthrow the
well-settled and salutary provisions
which in time past proved efficient for
protection of law-abiding citizens and
the punishment of malefactors.


THE INCREASE OF LAwLESSNESS.


1t is scarcely necessary to allude to
the well-known fact that the evil times
upon which this generation has fallen,
the result in part of the decadence of
virtue, consequent upon the direst Of
all political calamities, a civil war, is a
full and sad explanation of the increase
of lawlessness requiring prosecution in
this State. An honest man and law
abiding citizen cost the State nothing,
but, on the contrary, is her support and
ornament. A law breaker, on the other
hand, is continual source of trouble
and expense, who must be punished at
any cost, or the State given over to be
bound and slain by malefactors.


W. P. HICKERsoN,


J. III. RUSSELL,


w. II. WILLIAMSON,


S. NJ. FITE,


T. N. FRAZIER,


NEWTON HACKER,


A. j. CALDWELL,


The resolutions were adopted.


THE PRESENCE OF THE PRISONER.


Luke E. Wright, Acknowledgement
of Shelby County, suggested the fol-
lowing: That after a criminal case
has been appealed to the Supreme
Court, the presence of the prisoner is
not reqired at the Supreme Courtroom
on the trial of the cause before that
court.


The suggestion was received favor
ably and referred to the Committee on
Reforms.


After some further discussion the
convention adjourned to meet this
morning at 8 o'clock.


1t is hardly thought they will con-
clude their deliberations until Fri
day.


Third Days Proceedings.


THURSDAY, Jan. Is, 1874-Conven-
tion met pursuant to adjournment,
Judge Guild in the chair.
COLLECTING TAXES AND OTHER DEBTS


DUE THE STATE.


The committee to whom was referred
the question as to what defects exist in
the law and what legislation is neces-
sary in order to collect the taxes and
other debts due the State, reported as
follows:


The undersigned committee to whom
was referred the resolution of inquiry
as to whether there exists any defects
in the law and what legislation is nec-
essary to secure md facilitate the col
lection of debts due to the State, beg
leave respectfully to report that they
find the following defects in the law as
it now is:


l. The duty is not imposed upon any
one to bid for lands levied on to satisfy
executions in favor of the State.


2. That when land is bought for the
State at execution sales, no provision is
made to obtain possession for the State,
or to realize the amount due the State.
3. Since the decision of the case of
the State VS.. Alder, it is doubtful
whether any power exists in any officer
of the State to institute proceedings to
set aside fraudulent conveyances made
to defeat the collection of debts due
the State, or to institute any proceed
ings in a court of chancery where the
State is complainant. And no provis-
ion is made for any compensation for
any officer for such service.


t. There is no person upon whom the
duty Is imposed to redeem lands from
other creditors, or funds provided for
that purpose, on judgment due the
State.


5. There is no provision by which the
value of the homestead can be paid to
defendant in cases where it can not be
specially set apart in case of judgment
in favor of the State.


Your committee would therefore res
pectfully recommend that the laws be
so modified


l. That it shall be the duty of some
person in each county or judicial circuit
to bid the judgments of the State upon
the land of defendants to satisfy exc
cutlOns in favor of the State when de-
PENDANTS have no personal property.


2. That when land is bid in for the
State, provisions be made for obtain
ing possession and making sale of the
same.


3. hatprovisions be made by which
the State may redeem real estate, as
any other creditor may now do.


4. That provision be made by which
the State may pay to defendants the
value of the homestead, and subject
their real estate to sale for debt as an
individual may do.


5. That no personal property should
be exempt from execution as against
the State.


6. That the Attorneys General for
the Judicial Circuits be empowered
and make it their duty to file bills and
institute all other proceedings to set
aside fraudulent cOnveyances made to
defeat the collection of demands due to
the State, or to institute any other pro-
ceediDg in behalf of the State the
the same as a citizen may now do in his
own behalf, and to provide reasona-
bic compensation therefor, to be paid
by defendants.


Z. That exclusive jurisdiction be con:
ferred upon the courts having criminal
jurisdiction of all suits in which the
State is party or may be interested
except such cases as the officers of the
State may elect to bring in some other
court.


With the notifications here suggest
ed. it is believed by your committee
that debts due to the State will be more
promptly paid, and that many thoIs,