Year: 1876

OF 1t because such law would be
untitled To the poor counties with a
sparse population. What is known
as the "no fence law has excited
the attention Of farmers throughout
the State, and many believe that
the time has come when such a law
is needed in certain sections. Other
States have dispensed with fencing
or other Enclosures, and the result
has been most satisfactory. The
large sums of money yearly ex-
pended in the building and keeping
Ia repair Of fences is a heavy
draught upon our tarming indus
tries. In some sections the value
and scarcity of timber is an impor-
tant item.


Previous to the constitutional
amendments of 1888 the judges and
chancellors were elected by the leg
islature. From the organization of
the government till the amendments,
there were thought to be cogent
reasons why the judiciary should
be elected by the legislative depart


ment; and even at this time
that belief is still entertained by a
large portion of intelligent and
thinking people, and especially those
whose habits of thought and obscr-
walton have fitted them to give cor
rect opinions. This generation has
seen the workings and feltgthe in
fiuences of both systems; and with
out detraction, there are those
whose observation and experience
have confirmed them in the belief
that under the old system of ap
pointment, a higher order of judi
cial ability was secured in the dis
charge of public duty, and that q
just and more vigorous administra-
ton of the laws were attained; and
that the legislature in the selection
of the judiciary, being removed
from local interests or prejudices,
and less influenced by the arts of
the demagogue and popular har-
angue, looked with a single and
steady regard to the public welfare
for the best man. When the cleo
tion of the Judiciary rests on popu
lar suffrage, and he who has more
talents for the little arts of popu-
larity, intrigue and cunning, than
for judicial station. can be elected,
then it is that men of sound legal
ability and frmness can seldom
occupy the bench.


BY the constitution the State can
not become the owner, in whole or
in part, of any bank. II is proposed
to change the constitution. so as to
permit the legislature to establish a
State bank at such time as in its
wisdom may be necessary. There
is great diversity of opinion as to
the policy of establishing a State
bank, but it is thought that if the
necessity for such an institution
should arise the legislature should
be clothed with the power to estah
llsh it. The constitutional inhibi-
ton cuts or the exercise OF such a
power 1t is believed that it was
unwise in the trainers of the consti-
tuition of 1870 to incorporate in the
| fundamental law a provision affect
ing all future legislation regardless
of the varying wants and financial
changes in the country. At the
time the late constitution was
adopted, whatever may have been
the prejudice against a State bank,
there was no necessity for incorpo-
rating in that instrument a provi


sion anticipating that no emergency
would ever arise when such an in
stitution would be necessary. The
inhibition is calculated to embar-
rass the wisdom and financial policy
OF all future legislatures The leg


islature should be free to act as the
emergencies of the times may de
mand.


Courts of Chancery are secured
to the people by the constitution.
and from the formation of the gov
ernment to the present time the


Jurisdiction exercised by courts OF


equity and courts of law have been


separate. 1t is proposed to change


the constitution, so as to permit tbC


legislature to consolidate the ju


risdictions in a court of law. Tn,


chancery system is not a favoritC


with many persons, and in some


places. it is decidedly unpopular


1t is believed that this prejudice /,


owing to the want of an intelligent
apprehension of the system rather


than to any substantial defects il


the system itself. Many person!
believe that if the Chancery cour
was abolished that litigants would
: be rid of the expense and long an,
tedious process of the court as nov
constituted. This is a popular er
ror. II the courts of CHANGER,


were abolished, and the Circui
, courts were empowered to try sue.


causes as are now heard in Chan


Gerry, equity would assert its juris


dlction in the Circuit court and W
would have the filing of bills an
] answers, the taking of deposition
} and accounts, and the preparatio


and trial of causes would be til
/ same as they are now. The eS
5 peDses of litigation would not h
e curtailed, nor would the admin;
. tration of justice be expedited
/ | Those who favor the union {
the two jurisdictions assign rs re,
b sons that the salary of the Chance
t lors would be saved, and cause
n would be tried without the delay


of the Chancery court. The al
# swer is tins, if the jurisdiction
!. were consolidated there would
r such an amount of business in I'll


Circuit courts as would necessita
n a division of the judicial clrcui
e and the election Of more judge
o Unite the jurisdictions, and wit
n the present number Of our Ia
l. judges, there would be a virtual d
d NAL of justice. The complain
20 urged against the chapcery syste
II are not we'll directed. There is &
e fault in the system itself. The u
n. popularity OF that court, and q
re- tardiness with which justice is a
Of ministered, IS, it IS feared, attrib
70 table, in some instances, to 4
It Chancellors.


: In this article ! have referred
a and endeaYored to explain the O
hi ject and scope of, the proposl
al amendments and have given sol