Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1858-04-22

one, Northampton ana lItHlSui cACCeuS ~
only about one thousand Adopting the return
of taXables made in 1851 as the basis, and the
Thirteenth still stands the largest district IN
the twelve, save three-Nor orthampton and
Lehigh. Schuylkl, and Luzerne. 1t has to-
dav ninety thousand OF inhabitants, and an
amount of legal business not eXcelled by ten
districts in the State, having but one Law
/ Judge 1t is larger than the District OF Lyco'
ming Northumberland and Montour-arger,
! by Thousand taXables, than the District OF
Dauphn and Lebanon-larger by thousand
] taXableS. than Cumberland, Perry and Ju-
nata. Would proposition to destroy either
! of these Districts be entertained Tor a mo-
mCut.
| have no data for presenting to this Com
mittee the amount Of business in other dis
! trcts but will maze an exhibit from the re-
cords of the business in. the 18th. The Nos.
on the Appearance Docket of Bradford CO.,
| to the Sep term in each and every year from
| I849 or 1887 inclusive were from 400 to
! $40 and the causes on the trial list at the
several terms during the same years, average
near one hundred per term. In Susquebanna
county the Nos on the Docket for the four
terms Of the last year vary from 2G6 to 467
per term, and the trial list from 81 to l38
per term The business of the latter county
| is rapidly increasing. The Lackawanna and
Western Railroad passes through the entire
county, north and south and the \. Y. 4 f.
runs some fifteen miles through the country.
! This latter Company can only be sued In this
! State in the counties of Susquehanna and
| Pike and this gives rise to very considerable
important business of the Courts Of SuSque-
| hanna.
At the session of 1856 the 26th Judicial
| District was established The necessity for
| this District arose out of the increasing buSi-
ness of Luzerne, which had become so large as
to make it impossible for Judge COnyngham
properly to perform the heavy labors of the
! District This was the only public reason as
signed for the creation of the 26th District
| 1t relieved Judge Conyngham, by taking off
| from him the two counties of Columbia and
! Wyoming in both of which the business is
small. The Bill under consideration proposes
to attach to Luzcrne the county Of SuSquehan-
ma having at least double the business Of both
of the counties taken off two years ago.
| submit to the Committee letters from
! Judge Conyngham and Woodward in opposi
ton to this scheme, to load down one District
and to disfranchise the people of another.
With a Constitution securing the right Of
election, the personal enemies of q man, who it
is feared will he candidate for the sufrages
of the people, come to the Legislature aud aSk
that the people shall be diSfranchised-
they shall not be allowed to exercise those
rights common to the whole people, and en-
| joyed by all the citizens Of every other part of
! the State This is the measure of wrong and
injustice that the Legislature is asked to sane
| tion--a measure insulting to the intelligence,
and hostile to the rights of the people.
! To my mind it is clear that the proposed
! legislation is in violation of the Constitution.
! 1t will be admitted as a sound principle, that
! a construction should be avoided that impairS
or puts in jeopardy those rights of the people
/ that the Constitution intended to secure and
! that such Interpretation should be favored, as
makes those rights forever certain and abiding
/ The enjoyment of mmunitics and rights under
Constitutional guarantees do not and cannot
depend upon Legislative discretion. This
would virtually abrOgatc all written ConSttu-
! tiOuS substituting in their stead the dScre-
/ ton of the Legislature. The value of a writ
ten Constitution consists in placing certain
! fundamental rights Of the people beyond the
arm of the legislative power. The rights Of
/ the people are primary and fundamental
they uuderlie the whole structure Of our pOt-
cal system. Legislative prerogatlvcS and
powers are subordinate, and must yield to the
vita, and primary rights Of the people intended
to be secured in the organic law If the leg
! Slative power to arrange Judicial Districts, cX-
erciSed at discretion prior to the adoption of
! the Amendments Of 1850, can no longer eX-
erciscd with the same unrestricted freedom,
without impairing the rights secured to the
people by those amendments then it is clear
that such power must henccforth be exercised
under such limitations as shall cffectually Sc
cure those rights from invasion or danger
A right constantly exposed and open to viola
| tion is a m)ckery and no right To be of
any worth, the rights oc freeman must be
! placed beyond the possibility of invasion I'M
der the forms of law. Keeping in view these
/ primary principles as the safe guards of liber-
| ty and popular rights and as axioms in the
construction of Constitutional law, now call
the attention of the Committee to that part of
the Constitution which provides for the cleo
ton of Judges by the people
The Judges Of the Supreme Court Of the
several Courts Of Common Pleas, and such
other Courts of Record as are or shall be es-
tabshed by law, shall be elected by the quail
/ fed electors of the Commonwealth. in manner
following to wit: The Judges of the Supreme
Court, by the qualified electors of the Common
wealth at large the President Judges Of the
several Courts of Common Pleas, and such
other Courts of record as are or shall be es-
tabshed by law, and all other Judges requir-
ed to be learned to be learned in the law. by
the qualified electors of the respective districts
over which they are to Preside or act as
Judges"
Here the right to elect their Judges is guar
anteed the people and the constituency point.
ed out that shall vote in the election of certain
Judges, to wit: The qualified electors of the
State at lage, in the case of a Supreme Judge;