Year: 1870

we have received pamphlets containing the result
of their labors and asking for criticism from
everybody. We like the way these Commis
sioners have gone TO work. The Laws of this
State are of the most cumbrous and muddled
character. More than this, if the last two ses-
sons of the Legislature afford any criterion, leg
isation in this State has run wild. Special legis-
lation has been the rule Take the volume of
laws passed by the last Legislature and search
its pages, and you will find scarcely dozen Acts
of a general nature We understand that this
Commission was appointed to frame code for
this State rs was done in New York many years
ago. This Code, when completed and accepted,
will not be lightly altered or changed. The ad-
vance sheets received by us show that the gen.
tlemen appointed to perform this work are not
only competent and laborous, but enter heart
and soul into their work. They propose dividing
the Revised Laws of this State into three subdi-
visions Codes, namely; Political, Civil and
Penal. Such laws as are of long standing and
therefore seem to meet the approval of the people
are, of course, retained. Where the Commits
soners think best. they make verbal alterations
and in some cases important changes. The most
radical change suggested by them, that we have
noticed, is in relation to the fees of County Of
icers. Below is an extract from their report on
his subject


The Commission have determined to present
two plans, either Of which, in their opinion, will
substantially remoUe tie subject from the legislature
The first (chapter ffteen) is in three sections,
and turns the whole subject over to the coun-
ties


A synopsis of the second Chapter fifteen, al
ternate) is as follows:


Frst-Ample salaries, in three grades, and
certain fund from which to pay them. Also,
rigid accountability.


Second-Fees, in three grades, to be collected
and paid into that fund.


Thud-Boards of Supervisors to determine
what grade Of salary officers shall receive.


Fourth-What grade of fees officers shall col
lect and pay into the salary fund.


FVh-Supery shall not change salaries
or fees from one grade to another during the
period for which officers shall have been elected, +,
or within three months prior thereto.


Sirth-The Supervisors may change mode of
compensation of any officer from salary to fees.
In such cases, he shall retain the fees he collects
for his compensation. (lt may be doubtful
whether this power should be giyen.)


Segenth-The plan is slidHg scaie in the con-
troll of Supervisors They can adapt it to the
poorest officer snd the poorest county in the
State, as well as the richest. They have the
whole power over the subject except that of
chdnging tie fees salartes in the respective grades
They may change from one grade to another, to
increase diminish the salary fund, when nee
essary.


ElgAM-The public business, whether civil or
criminal, must be paid for by the public. The
policy of making tigants in civil cases pay the
pf in crip mil nj po as
the price of the luxury of {" going to law, ought
not to be tolerated. Fees for this service might
be abolished under the salary system, but they
are retained to be paid from the general into
the salary fund, as the Supervisors may audit
or to the officer, if the Supervisors SO Direct in
stead Of salary.


Furthermore, County Officers may each appoint
a Chief Deputy, who shall, upon the decease or
removal of his principal succeed to the Off ce and
there shall be no vacancy.


In lawsuits, persons may, show to the County
Judge that they are INDECENT and unable to pay.
Upon his certificate and order the officers shall
not collect fees.


These are the principal changes proposed so far
which have fallen under our observation. We
have not yet examined carefully the Penal Code
framed by the Commission 1t is in the Revenue
Laws of this State that the most sweeping alter
ations should be made. Our Revenue Laws are
too complicated and too rigid. 1t is almost i'm
possible to enforce them in many respects. The
tax upon business interests should be removed
such as Traders Bankers and Brokers Licenses.
We see no good reason for taxing these occupa-
tions more than others. Why should not the
Lawyer, Doctor, IIotel-kecper, Butcher or Farmer
pay license to carry on their business as well
as the Merchant or Banker? One is as nds-
pensable in the community as the other Besides
we do not believe in this sort of taxation. 1t is
unequal and cannot be made otherwise How
many are there in this community who loan
money frequently and never think of procuring
license? There are persons who do pay that
they may carry on that business, but the majority
of money-lenders are liable under the law. This


is only one illustration. We will refer to this
subject again and more fully.


GENERAL BUTLER is credited with saying that