Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-05-12
! Ramarks of Ia. ToRnaend in fha OhioI

: wy OA !" Ha'iNEtI VI ~ iArN9Ns oh
regret ii exceedingly that l feel il TO b
M duty to occupy any time. on this
the last day of the Session, but l Shout
feel as though l had left undone a par
of the services expected o fine, did l no
=, with all the influence in my power, op
pose this measure. l am fully aware
, that in this opposition. l am treading OIL
dangerous ground. L am opposing
darling scheme of the takers of ,hi
body-of the speech-makers-of me-
whose business, whose constant employ
meni is 10 talk. Imean the lawyers. f.
with a singular unanimiiy, they appear /,
f.vor this bill.
Therefore, whilst attempting TO stem
this torrent Of e~loquence, as | canno
;eXpect to be head Tor my much speak
ing, ! will claim your attention for The
cause | advocate.
This bill, am ing other things, provides
for The election OF two more Supreme
Judges, making ,even in all. 1t also
provides that a majnIity oflhese, shall be
necessary TO render a verdict. The
proposition is, also, that Two of these
Judges shall spend their time in the Dis
trici Court in the several Counties Of the
State, leaving five on the Supreme bench
in this city, fur of whom must agree,
before anu decision can be rendered; il
l have read the bill correctly. Thus
making il more than p~robab;c, that a large
majority of cases that come up here for
trial, will be remaEdcd again, 10 pass
lhrough the slow tedious process of hi
CATION in the lower courts, through which
they have already passed, ai a great ex-
peuse of money, time, and justice per-
hapS; or hang here for years, al a greater
expense. linus defeating the very oh
ieci proposed to BE- attained by The bill,
the speedy settlement of claimS-Ihc
prompt adjudication of imporiand eases.
We are told by the friends of this
measure, that under the present arrange
meat, Common Pleas Judges are obliged
to Try. in the District Courts, cases they
have already sat in judgement upon in
The Courts of Common Pleas.
Now, Sir, so fIr as the Common Please
SOu.AS btG COiiCGItNh lbiH hlAAlNhhtN may
be obvia,ed, but, will not the same OBJ
%ieciion apply 10 the Supreme Court, if
this bill becomes a law! | understand
it is not contemplated 10 make it the dniy
of any particular ttcO Judges TO hold
District Courts, bn, they may alternately
perform that duty, and after the Two who
have been first selected, nave made the
tour ofihe Stale, they may claim a seat
on the supreme bench, Wills! two others
in turn, G liorm the more laborious
duties of the District Courts, and as The
Supreme Court has little. If any, original
jurisdiction, all eases, with very few *
captions upon which they act, must
necessarily come from the lower couIts,
and the judges who have Just returned
from The circuit Of The District Courts,
may not have been 4 week in their seats
on the Supreme bench, before the very
cases upon they passed whilst on the
District bench, will be before them n be
acted upon again. Now ! ask, Mr..
Speaker, if this is an abatement of the
evil complained of, as existing in the
Common Pleas Courts? /: it not rather
increasing ii, and making ii teniold more
dangerous and formidable, placing it in
stronger hands?
This bill claims to be for the relief Of
the District Courts. 1t may, indeed, re-
lieve the DIstric, Court, but its operation
will evidently seriously embarrasS the
SUPREME Court. can see il in no other
light.
Again, I look upon the increase Of the
number of Supreme Judges, as allogeth-
uncalied for, Unnecessary because
we have already made provision for the
election OF an additional Judge. | think.
in every Common Pleas district and
in one district two are added, which, in
addition 10 another Judicial district
formed by this Legislature, was all the
relief asked for The Courts at the com.
mencemen, Of This session.
What new light has dawned 10 make
this measure necessary, | know not. nor
would | say there were any aspiran;s for
the honors of the Supreme bench at the
bottom of it. but will let the people draw
their " differences, and arrive at their
conclusions. Ii might not be amisS
in this connection, 10 mention Il fact, In
cannot have escaped the notice OF an
attentive observer of the proceedings OF
this body, during the present session,
which is simply this, that Il large portion
of the time spent here, and a majority of
the measures acted upon, have been for
the advancement Of the legal profession.
| do not say this - impugn the motives
of any man, or class of men, for these
things can be accounted for without Il
such intention. For il is u well known
fact, that our Judiciary System is very
impcrfect, and men whose business nee
esarily makes them familiar with That
branch Of the ~governmint, can see errors
and faults in that department. thai IN
doubleday need correction. and there be-
ing many able lawyers in the Legisla-
il is not strange that with a Judi
system SO faulty, and a code that
appears to be equally imperfect, We
have many amendments proposed
each. Many of these measures will
undoubtedly. incidentally, benefit the
masses. | should not have occupied
any time at this late hour of The session,
mad | not seen matters that | deem to be
IF general Importance, postponed till
winter, or indefinitely, whilst This
md kindred subjects, of doubtful utiliry,
ire urged through. ,
Under the circumstances, | feel COM ,
to enter my protest agains; such
proceedings. I
The farming Interests have asked
,ut little al our hands, and that little
las, in several instances, met with
he strongest opposition that can posi-
,ly be brought 10 bear against any /
viz. riiicule, and that, too, ,
rom the men who have demanded, ;
md whose interests have received 4 large I
,oriion of our deliberations. I
Messrs. Elson, Raukin, Harrison, t
and others, interrupted 10 ask |
Iuestions, or make explanations. {
Speaker-Tiie gentlemen from Tram ,
D.