Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1856-01-11

r with diminished yigor to the trial of iarg
) er ones.
At present all the actions to be hear
and decided are in one court and thu
number for trial on the docket in the sew
eral courts is understood to be greater thar
usual. When so many actions stand io
trial, especially in the large counties, grea
expense is occasioned to sultors by delay
and in the difficulty Of knowing when t'
be prepared for trial. A party must wal
term after term the slow action Of the law
before his term will come Not uuire-
quently witnesses are summoned and at
tend court at great expense, aud ii Is found
that the court cannot SIT long en- 1ugh tc
reach the cases in which they are to tes-
tlv, or that they must wait many days,
and the consequence is that the actions
are continued These eyils are more OF
less incident to all courts, bat more espec.
lalIy to the present organization. 1t Is
the duty of the State to provide sulii-
cent number of courts, so that there
should be no unnecessary expense or de-
lay ia the administration Of justice. In
mY Judgment, the establishment OF a
Court of Common Pleas would Improve
the condition Of the judiciary and be a
measure OF utility and economy tn our CIT
izens. Il another court is formed it "lll
be necessary 20 diminish the number OF
judges OF the Supreme Court. \ reduction
can be made to the desired number as fast
as vacancies may occur.
1t is somewhat remarkable that in the
changes our Judiciary has gone through,
the highest court for the decision Of legal
questions, should not be formed IN a
strictly legal manner BY the present
law, four Judges are designated to decide
questions of law and equity and for the
trial of capital ofienses, leaving four II
attend jury trials. The four last named
are not precluded in express terms from
acting with the former, but such is the es
dent Implication. Three OF the mem
/ bers 50 designated as "a law court, may
hear all questions which may come be-
fore the eonrt but a majority may decide
them. Two judges out Of eight can de-
teImne all questions Of law.
By the Constitution Of this State
there is no subordination Of one Judge o.
the Supreme Judicial Court tn another
they all stand upon the same footing o
equality their powers are the same
The Constitution does not even pro-
vide for a chef justice. The Judges to-
sether con>tltut the Judicial power OF tht
government. The legislature maSes the
laws aad prescribes the jurisdiction O
the court, but the judges constfue ant
expouad them. The title given to tire
"Supreme Judicial Court, by the con
stitution, implies that each member Of il
belongs to tribunal Of final jurisdie'
ton. No power is given to the Lagi,
latura 10 apportion their labor, Nher
called upon by the Governor, Council
Senate or House of Representatives, II
the language of the Constitution, '-tt
give their opinions upon important ques
tons Of law and upon solemn occasions,
a ma i1rity OF the whole number can de
tcumina them. If those who arc not en-
bracei h the law court should insist up
on uniting with those who are, and in tax
ing part with them, who could prcyen
it If the Legislature may prescribe tAei,
respective duties, it might say that somt
fthem should try one class OF cases ant
some another some should eontiua then
attention to actions originating with JUS
ices OF the peace, while Others should cx
anime Cases Of more importance.
The preservation of the distinct an
separate powers Of the government for
bids that one branch should exercise Over
.tanother supervision not contemplate
blythe Constitution. 1t does not seem
to fall within the province of the lcsisla
ture, but belongs to the several member
OF the court alone to divide and arrange
their labors among themselves, each on'
having equal authority to act as a mem
Der of tribunal possessing final juris
diction, whether presiding at jury trial.
or aiding in deciding questions OF law.
, No one can be insensible 10 the abso
ute necessity of an upright and lntelll
gent administration Of Justice. Ourludg 9
, es should be unintluenced BY passion o
, prejudice in the discharge of their duties
looking only to what is legal and Just, II
/ respective OF the persons whose cause
, are brought before them, 1t should b
! the aim and endeavor OF good men OF a.
, parties sedulously 10 exclude from ou
courts all partizan bias and not ALLOW
them to be moulded or influenced b
) party politics. All classes of citlzen