| Show A SUITABLE LAW NEEDED A law is greatly needed in this territory which shall be valid and of a character to suit the requirements of the people the besent I 1 law aw Is ig oun bungling gling in construction constructs and unsatisfactory unis udis in its ita operations anad in addition to its other defects it is open to the charge ot of being unconstitutional in its method of confiscating private property unclaimed estress to a public use the benefit of corn com men schools without compensation to the owner and there was lately rendered by judge zane a decision invalidating the provision which empowers appraisers to fix the amount of done tres stock to determine the amount ol of damages in na a legal lebal action is a judicial act which rau can be performed only onley by a court provided for by the laws of congress re lating to thia territory the territorial legislature is po powerless erless to conler confer judicial junctions on any person officer committee or board no matter by what name krown or for what purpose constituted adlof the judicial power of this territory or which can lawfully ay be exercised within it vests aclus exclusively ively in the courts this position is in harmony with t found oo 00 ad logic and has been repeatedly affirmed med by the courts notwithstanding this a bill was introduced into the lp bu the ath dinst by the live vac an amending unending ending the pres so idt astray 14 law dhigh retained the feature pt giving judicial powers to appraisers and the questionable one of conti canti cati cation ont the law like toe the school law has not heretofore received the intelligent consideration from our legisla tore tora which it requires in framing a statute designed to cure existing de lepto ts 1 in it provision should be made r the owner of trespassing tres passing animals and 45 the party damaged to settle if tey pan an and d will and to refer the 46 keao r to Q the justice of the pence peace of kofl ep preempt in I 1 n case legal proceedings too become mp ne necessary if however the mount claimed 1 as kamages should or exceed the case would have to go to the district court direct it if the parties failed to agree TUIs question of ana tres passing animals involves grave considerations of constitutional law and public policy and is no trifling matter to be disposed of by means of a few sections of a statute drawn hastily and aad carelessly and without due regard for the important and f fundamental principles underlying it practically the ibe territory is now without an sy a which covers the ground te to be covered a vital feature p K ahe present law baying a ng been held to to W V and there aeng good reason to 0 belleme el p aeve that oth other portions Q would be so held it tested aut to leave the people orith without out a law upon so important a subject would be a serious neg eject lect of duty on the part of the legislature 11 could not the live stock committee of the abe house glean from the accumulated wisdom and experience of other and older communities as expressed in their statutes and I 1 judicial decisions material for an law which would woold be valid in all its provisions previsions and yet 4 meet the luary requirements of our territory to if the committee have not time ame E woe 9 this the assembly would undoubtedly do grant a request tor for bermis go don n to employ the necessary legal or ou other er assistance to amend the present law be like mending an old garment h i new cloth or putting new wine ko slid old bottles A new complete e pie pe and consistent statute is wanted abed which the agricultural com ra anity can understand and comply W with t ah and which shall be equitable in 1 U operations |
