Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1848-02-05

The Convention resolved itself into COM
mittee of the whole. MIR. KING ia the chair,
for the further consideration of the article
ON THE JUDICIARY.
Mr. NANDERPooL moved to amend, by
adding section, as follow:
SEC. The legislature at its first session
after the adoption of this Constitution shall
provide for the appointment of three COM
missioners, whose duty it shall he to inquire
into, revise and simplify the rules of prac-
tice, pleadings, forms and proceedings, and
arrange system suitable to be adopted to
the courts of record of this state, and to re-
port the same to the legislature at such time
as may be prescribed, subject to their modiii-
cation and adoption, and then their commits
sion TO cease.
MIR. MARTIN moved to prefix to the fourth
section, the words, g for the term of five
years and thereafter" which motion was
agreed to.
Mr.. KlLBouRN moved to amend the
18th section by striking out the word SC abol-
ished" and insert prohibited" which was
agreed to.
On motion of Mr. Dunn, the committee
lose and reported the article back to the
convention with amendments.
The question was on concurring in the
amendments of the committee; they were
severally concurred in.
While the question was pending on con-
curing in the amendment reducing the
term of judge to FIVE years,
Mr.. o. Cole spoke at considerable length
in opposition TO the amendment. He ex-
pressed himself very doubtful as to the pro-
priety of electing judges at all; but it they
were to be elected, he was in favor of the
long term.
Mr.. GALE said that the arguments of the
gentlemen from Grant (Mr Cole) only
went in opposition to an elective judiciary
instead Of being against the five years term
of Judges. He wanted gentlemen should
meet the question fairly and if they were
opposed to an elective judiciary that they
should say so and he would prepare to meet
them.
While the question was pending, relative
to the adoption Of Mr.. Vanderpool's amend
ment, and relative TO the appointment of
commissioners of revision of the laws,
Mr.. HARVEY offered the following as
substitute for the amendment:
SEC. 90. The legislature, at its first ses-
sion after this constitution shall take effect,
or at the next subsequent session, shall pro-
vide for the appointment of three commits
sioners whose duty il shall be to revise, sim
pity and arrange the statute laws; and to.
revise, reform, simplify and abridge the
rules Of practice, pleadings, forms and pro-
ceedings of the courts of record in this
state; and to suggest and report TO the leg
such amendments as they may
deem proper; which amendments the legis- !
lature may adopt, or modify and adopt, and
alter from time TO time, as in their judgment |
the public good may require"
The debate was continued by Messrs.
VANDERPooL, CHASE and HARVEY.
JANUARY %.
Mr.. EsTABRoo1 reported that it would
be proper subject of legislative action, for
the Legislature hereafter to provide for Civ
ing settlers upon school lands the prefer
ence in the sale of such lands.
The Chair appointed Messrs. Lewis, Do
ran, o. Cole, Judd and Wilton a commit
tee to prepare an address to accompany the
constitution.
MIR. CHAsE's resolution of yesterday rel |
alive to the election of u. 5. Senators was
adopted.
Mr.. BIGG's resolution Of yesterday, rela-
tive to admission of Wisconsin into the
Union, vas postponed until Monday.
The Article on the judiciary was then ta-
ken Up
MIR. WHrroS moved to amend the 9TH
section by adding the following:
The said separate supreme court when /
so arranged, shall not be changed or dis
continued by the legislature, and the term of
office Of said judges, shall be the same as
herein provided forthe circuit Judges. The
said judges shall be so classified, that but
one of them shall 60 out of office at the
same time;" which was agreed to.
Mr. BARIN moved 10 amend the 9Th Sec
ton so as 10 fix the term of Judge at seven
years, which was not agreed to.
MIR. CHASE moved 20 amend the ID sec
ton by adding the following: "The term
of office Of the judges of the said munich /
pal and inferior courts, shall not be lon I.
ger than that Of the circuit Judges" which I
was agreed 20.
Mr.. LAgIN moved to strike out the 18th I
section, which was not agreed TO.
VT. oANDbhe ihofth 10 huu the lDbOWiHH I
section, which was agreed to.
SEC. +" The Legislature may provide for
the appointment Of one or more persons, Il
10 each organized county, and may vest in
such persons Judicial power as shall be pre-
scribed by law; PrOrided, That said pow
sr shall not exceed that of circuit judge at
chambers"
Mr.. LAETs moved to amend the 9TH sec
ion 30 a. to provide for the election Of SUI
Dreme Judges ia single districts, which was
not agreed TO.
Mr.. GALE moved to amend the 10Th sec
ion, By adding, " and the legislature shall
have power to provide by law, common
ilnns Of procedure for remedies arising /
under both Jurisdictions Of Law and equity" 4
which was not agreed to.
The Convention adjourned. i