The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1851-05-22
From the Cincinnati Ga=eus.
Shall 1 Vote for h New oOnStitutiOnI

SAAuA \ NOLo y tho NOW
VII,
In answering this question, "Shall I
vote for the new constitutional to myself,
| have examined article four, which pro-
vides for the judicial department OF The
government. This department was in
sufficiently provided for in the present
constitution, for want of sufficient power
iof expansion tn accommodate itse If To the
growth of the community whose laws II
was TO administer. This was in fact the
only part of the old Constitution which
r%eouired amendment. There was tn be
sure, some looseness aud iucongtuity of
language in some Gifts provisions, which
might have been simpli6ed and rendered
more perspicuous and mor cougruity
given to them; but | much mistake, ifthe
Ingenuity offuture critics does not show
that they have been at least equally un
fortunate in the terms they have employ
ed to convey their meaning. The deli
cheney in the present Constitution is, that
i, allows only !our judges oflhe supreme
court, requires two Of them to form a quo
rum. and provides for an annual term of
the court in each county in the State.
AT that time there were but nine coun
ties aud about sixty thousand inhabitants
IN The State. He would have been a san.
guine man who in 1902 should have ven
tuted the prediction thatin 1851 the State
would contain eighty eight counties and
two millions nt inhabitants. Yet such is
the fact, In the progress oflhe State TO.
wards its present greatness, the supreme
court has long been inadequate to the eff.
hcient discharge of the duties devOlVed
upon it. In other respects the Judicial
department under the present ConslitI
ton is adequate to its duties. The State
was originally divided into three common
pleas districts. There are now twenty
districts and three specill courts, all Of
whose decisions are subject, by writ Of
error or appeal, To re examination in the
supreme couIt. The consequences ray
be readily conjectured. On the circuit
the court decides from first impressions.
without time or means for investigation
and the rights of suitnrs are often dispos.
ed OF so Enthusiastically to the court it
self, that the decisions is never allowed
to he cited as a precedent before the
court.
AS a substitute for this organization,
the new constitution provides five gudges
of the Supreme Court, twenty seven uL.
ges of the Court of Common Pleas, and
a Probate judge for each county. The
associate Judges Of the Court of Common
Pleas are omitted. There are thus, as
will be seen, one hundred and twenty
law Judges under the new constitution in
place oftwenty seven Except the asso
ciate judges under the present conStitn'
ton, aud only une of all this increase is
added to the point where the present
force is Inadequate to the duties required
of it. Much Of the jurisdiction now ex
%ercised by the Supreme Court, is sought
To be transferred To an %intelinr tribunal
called a District Court, composed Of one
Judge ofthe Supreme Court, aud three
Judges Of the Common Pleas. There are
nine Districts having three common Pleas
Judges each. am much deceived ii the
new order of things does not result in 0
large proportion at The business being
carried from the Common Pleas and Pro
bate To the District Court, aud from there
to the Supreme Court. Should this be
the case, the avenues Of jusli Q will be
even more lhrouged than they now are,
and the court of last resort will be una
| Bile to despatch in a reasonable time the
, business brought before 1.-THE mum
, Der Of Judges ofthe Supreme Court may
4 be increased, aud the difficulty may by
that and ny limiting very strictly the cas-
, es which eau be carr ed into that Court
be obviated,-The new system will be
r far more expensive than the present
The present system may be estimated
thus:
Four Judges Of The Supreme Court, at
~ 500 each, 50 00l
| Twenty Judges OF tle Common Z eas,
at 81 900 each, 20,0O
, , Three Judges Of Special Courts, ut
81 300 each, $500
. Two hundred and sixty four Associate
= Judges, at 30 days, each $3.50 per
day, SIS each, is 1880
Total, $l1,4OI
+ Tho new system will probably stand a
s bout as follows:
s Five Judges of the Supreme Court,
$500 each, $500
Tweuty.seven Judges Common Pleas,
$1,000 each. 81 ,lOC
EiShly.eight Probate Judges, $500 each, 7O,4OG
Total $lIO3 800
| should not object to the increased ex.
pense, or even TO a larger expenditure
were the vigor and ability ofthe Judiciary
increased in a corresponding degree,
hope it is, aud it may be so. But | con
fess | fear it will be found in practice
cumbrous rather than strong, dilalory
rather than prompt. Had three Judges
been added to the Supreme Court, the
State divided into three Supreme Cour
= Circuits, neoJudge authorized to holdiht
Court on the circuit aud reserve question,
as now to Bank, with two terms annual
" of the Court in Bank, %juries dispensed
with in the Supreme Court, and the
Court required to sit in each county IN
I'll the business was carefully disposed of
t, | would have much preferred it to the
plan adopted. As To the Associate Jnd
ges. something oflhe kind seems neces
{ sary, and tho Probate Judge is substi
, tute for them at a greatly increased ex
; pense. FRIEND.