Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1851-04-24
TgeSs2 Ge.

I BILL.
TO the Honorable, the Senate and House Of Re-
presentatiUes Of the Commonwealth OF Pena'a:
/ GENTLEMEN-The bill entitled San act to pro-
vide for the election of Judges the several Courts
of this Commonwealth and to regulate certain Ju-
dicial Districts" which has just been presented
for my approval, contains some features so objec-
tionable in their character, and bears such marks
of hasty and inconsderate legislation, that feel
myself bound to withhold the Executive sanction
to its passage, and return it with my objections to
the House of Representatives, in which it orgna-
ted.
In the judicial history of Pennsylvania it never
has been considered essential to select gentlemen
learned in the law to act as Associate Judges
The Presidents of the several Courts of Common
Pleas were required to be learned in the law; but
early usage, sanctioned by various acts OF Assem-
bly,, had established the practice OF the Executive
to make the selection of Associate Judges lnds-
criminatey from the people, and had never confln-
ed the choice Of the appointing power to the legal
profession. The amendment to the second section
of the fifth article of the Constitution, gave addl-
tiona saction to the practice as 1t clearly dlstn-
guishes between those Judges required to be
'.leaned in the law" and the Associate Judges OF
the respective counties. / am unable to see any
good reason for restricting the choice OF the peo-
pie to peculiar class of men, nor can | believe
that in adopting the amendment of the Constltu-
ton by their yotes the people intended to restrain
themselves in manner unknown in the history of
our state The bill presented for my approval
clearly contains provision to that effect The third
section provides 'that the Judges of the Supreme
Court, and the President Judges and the Associate
Judges of the District Courts of the city and coun
ty of Philadelphia, and of the county of Allegheny,
and of the Court of Common Pleas of the said city
and county of Phla, and of all other Courts of
Record, shall be learned in the law; and all the a.
foresaid Judges shall be qualified electors OF this
Commonwealth, and shall be otherwise qualified as
required by the second section OF the fifth article
of the Constitution Of this Commonwealth"
The language of this section is so plain and un-
equivocal that comment is unnecessary and can
scarcely add to its elucdaton. 1t cannot be doubted
but that every Court of Common Pleas is Court OF
Record. In looking through our various acts OF AS
semby and the provisions Of the Constitution, md
a settled meaning given to the words $ learned IN
the law" when applied to Judges, and however de
sirable it may be to have our courts composed OF
men learned in the law, such restriction of choice
on the constitutional power of the people transcends
the authority of the Legislature and whether this
provision in the bill was inserted by design, or
through inadvertence, duty requires me to withhold
my sanction from law which comes IN direct con-
hlct with the Constitution, and does violence to
the wishes and intentions of the citizens.
The eleventh section of the bill provides that
the Governor shall issue commissions to the per-
sons elected" to hold their respective Offices from
and after the first Monday in December next fol- !
lowing such election, for and during their respec
tive terms of Office, as prescribed and limited by |
the second section Of the fourth article OF the Con-
stltutlon of this Commonwealth"
The section referred to provides for the mode OF
conducting impeachments before the Senate, and
certainly furnishes guide reference to the sub
stance or form, or extent of the duration ofa
mission to be issued do not comprehend the
reason or propriety of its insertion. 1t may be a
mistake on the part of the clerks or an inadver-
tence and wrong reference, but whether 1t arose
from either, it presents case of hasty and mcon-
slderate legislation, calling for correction.
The sixteenth section of the bill provides that
the counties of Huntingdon, Blair, Cambria and In
diana, shall form the sixteenth Judicial district,
and further provides that the courts of Indiana
shall be held on the third Mondays in January,
April, August and November, and in the county of
Huntingdon, on the days. and to continue the time
now prescribed by law. BY the existing laws, the
courts IN the last named county required to be
held the secoud Mondays in January, April, i.
August and November, and to continue taUO DeekS,
which will bring into direct conflict the counties
Of Huntingdon and Indiana Although this is un-
ioubtedly mere oversight on the part of the Le-
STATURE it amounts, in effect to denial of justice
% the people of one the other of these counties
It furnishes another instance of hasty manner in ;
which the bill was gotten up.
With view of diminishing the expenses of the
Commonwealth and for more effectualfy equalizing
ne labor of the Judges, recommended in the an
lual message reduction oflthe number of judicial
districts. The present bill, it is true has dispens-
ID with of the judicial districts, but far
can ascertain the amount of business in the re- |
pective counties, it has to a still greater extent
endered the labor of the Judges unequal Little
eneft can arise to the public treasury from such
artlal changes as the present bill contemplates,
'hlle In the alteration ofther judicial connections,
nd the times of holding their courts, great delay
nd injustice to the people may be the conse-
uence.
pressed upon the Legislature the propriety and c
ecesslty OF early action on all important public e
leasures demanding their attention, and if any in il
onvenience arises from the failure to legislate on
lis subject, shall feel absolved from all blame
nd responsibility A fair and just arrangement of
lie Judicial districts of the whole State, will most
earthly meet my sanction, if it reduces the num-