Ypsilanti sentinel. [volume] (Ypsilanti, Washtenaw Co., Mich.) 1843-1900, 1848-01-12

whole state-to him had been given oriRiosl
jurisdiction in all cases W here resort was 10 b6
had to remedies purely equitable, and his de-.
crees terminated the litigation, in very large
proportion Of the suits brought before Fin.
The business Of that court, from its organza-
4 ton to its abolition, steadily and rapidly in
creased. and during the last years of its exist
ence, accumulated largely uponits dockets, not
| withstanding the ability and untiring ininsIiy
of the distinguished individuals, who, al diff t.
ent periods, sat upon its bench. -
BY the same revision, the district court. atri-
bunal established for the administration of crir.
inaI Justice alone, In four of the large counties
was abolished also and its duties thrown O, 81
the judges of the Supreme Court. -
In the Supreme Court, too, there has been
great increase of business during the last few
years, especially in the First Judicial Circuit,
where causes had accumulated from term to term
uhli at the close of the last session, hong CAL
endar remained undecided.
Delay of Justice, to the man of busne So, ID
almost equivalent to its denial; for its speedy
administration, therefore, every practicable "a.
ciIitv should be afforded a IS
With a view to relieve the Judges Of the
Supreme Court, from the great pressure spti-
cipated. from casting ON them, the business u
the Chaneery and Criminal Courts, arosher iris
bunal was created, The effect Of which has been
1t is true, to reduce somewhat the labor Of the
Judges, presiding at the Circuits. -
Such reduction, however, bears but small
proportion to the increase of their labor conse-
quent upon the abolition of the two Courts just
mentioned.
tits apparent, then, that with our present ja-
dcial force, with the system now existing. JUS
tice cannot be administered with the promptf-.
tude which the public interest requires, and
which private suitors have right TO demsni.
How shall the evil be remedied!
Several modes have been suggested. One 4
restoration of the system superseded by the re-.
vision of 1916, with ali additional justice # tho
supreme court.
Another, an eplarg ement of the powers ellie
county courts, giving to those tribunals gene.
raj Jurisdiction in all ections of the law, ci,a
and criminal: and again il has been proposca
to retain the present system unchanged, except
by the addition of two justices TO the coaI, If
last resort. s
On the score of economy, the first, cam ..
double is entitled to decided preference. be-
lieve no system has yet been devised, under
which so large an amount of judicial labor caa
be performed, at the same expense, as the ono
adopted on the organization of our state govern
ment.
Seren individuals, Of competent ability, wouli
unquestioHab7y, perform the whole judiciei SER
vice of the state Except such as more pfuueriv
falls within the jurisdiction oftheProbate courts
and Justices Of the peace) for many years TO
come, and that too, witout the aid of local udy.
es.
We now have in Office, thirty six Judges, and
four Injunction masters, who are for many pur-
poses under the laws now existent, yice-chaa>
cellors.
Strong objection exist, in the minds IF ma
ny, to court of chancery, as distinct tribu-
nal; but it has always seemed to Inc that SO
long as distinction be observed between legal
and equitable remdies, those remedies could bs
most conveniently, safely and cheapy adminis-
tered when committee to separate jurisdictions.
If, however, you Should deem it inexpedient
to revive the court of Chancery, and vet be-
lieve it judcious to restore the former syste ds
excluding that tribunal, the appointment of al
ditionai judges ofthe supreme court may be pre-
vided for with corresponding number Of Judi
cial circuits, and each Judge, as now, mao a
chancellor for his circuit.
In case it may be determined to retain Aa
present system, | respectfully recommend 4
careful revision of the law establishing county
courts, many of the provisions of which are, be
their practical operation, shown to be defect
i've: and should you think 1t unwise to Increase
the force upon the bench of the court Of last
resort, it would seem necessary that the iur;s-
dcticn of the county courts Should be mach enA
larged.
Should those courts be invested with cere.
raj jurisdiction in all actions at law, civil ana
criminal, relieving the Judges of the supreme
court from the trial of issues OF fsct doubt ncA
but those judges would be enabled to perform
all the duties of the latter tribunal, and of the
chancellors also, in their respective circuits.
With such reorganization of the county
courts, compensation should be provided for the
usges, proportonate TO the labor to be ucr.
formed, and The responsibilities assumed by
those officers.
Their salaries, should, I think, be paid ont of
The several county treasures, the amounts be-
ng either fixed by law, or determined bv the
according to the business of thelt
counties.
The compensation of Judicial officers Of Sd
considerable dignity and Importance as the coup:
y judges will be, invested with jurisdiction,
AVE supposed. ought to be derived from suit
rs at their bar, as fees, for the performance Of
fficial du.yAcertainly not directly.
Our constitution teaches an instructive les.
on upon this subject.
The sixth article of this instrument, after
roviding for he appointment of the Supreme
cart declares that ssthey shall receive an ad.
quate compensation &c. But they shall re-.
Give no fees nor perquisites of Office. That
revision will be applicable in all its force, to
he county judges if they be clothed with gen.
raj Jurisdiction in all actions at law.
If general criminal jurisdiction to be confer
ed on those tribunals, jurors both grand and
etit, must be summoned before them, at stated
erms to be fixed by law.
That some further provision is absolutely NJ.
essary for the administration of criminal JUS
&c, in the large counties, more especially ia
he counties of Wayne, Oakland and Washtc-
aw, does not admit of question.
Under the present system. with semi annual
,rms only, of the only court of original inriss
lotion in criminal cases, persons charged ~i.D
rime, accumulate in the county iails. sn5i' go,
ne counties to great expenses for the car.
nd support, and frequently the prisoners thorn
elves, to great suffering. and that too. before
aev are convicted of any crime
The restoration of the district conrt. or ~.
reation of another tribunal with the powers
that court would afford an ample, and il i.
elieved an economical remedy for those evils