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

dLlOhCu W oJdut III Jui0 lptNNA NNHANSeiSh
until an election has taken place, and new
Judge commissioned for the 26th District,
when Bradford is re-anneXed Thus 1t will be
seen that it remains discretionary with the
Legislature, whether or not the citizens Of
Bradford County shall ever be permitted to
vote for the Judge who presideS over them
The same could be done with Susquehanna
County, by alternately attaching it to the Lu-
zerne, and to the Wayne and Monroe Districts
1t would enable either political party holding
the power of the State Government in its
hands for three or four Successive years, to
prevent the election of Judge obnoxious to
such party by legislating into particular
Districts, Judges elected by the people of 9TH
er Districts. 1t may be said that We are not
to presume the Legislature would exercise its
power thus arbitrarily, and for purposes mere
ly political. | answer, that the Constitution
al rights Of the people, do not depend upon
the presumed forbearance Of the Legislature
Again, it would be easy so to arrange the
Districts, as that in a majority of them a
Judge should be presiding where not an cleo
tor of the DISCREET ever ad the opportunity
to cast vote for or against such Judge. Sup
pose you carry the Bill under consideration
a little further than it proposes to go, and at
tach both Bradford ald Susquehanna Coun-
ties to the 26th District and as a compersa-
tion, put back the small County Of Wyoming
on 10 Luzerne. At the next Session it is
found that Judge Woodward's District is too
large, and Columbia and Sullivan are attach,
ed to the Lycoming District, from which take
Northumberland and put it on the small Dis
trict Of Union and Miffln Here the equality
and fair proportions ofthe Districts are preserv-
ed, and the result is that Bradford and Susuue-
hanna have lost the No. l3, and gained that of
2G. In counting up the districts there is blank
the number thirteen is annihilated-not Brad
ford and Susquehauna Counties, but the mum
Der thirteen IS 6L0tted out. The number twen-
ty-siX stands IN full vigor but the Counties
once constituting the 2Gth Judicial District
are all attached to the other Districts and
the Judge elected by its p ople has been
transferred to Bradford and Susquehanna ::
and all this by the magic power Of the num-
Der tWeatgS1r. VIII it be said that this is
carrying the case too far ? that some people
must be left in the District who voted at the
election of the Judge? How many, l ask Z?
Ii a majority, then Bradford cannot be attach
ed to tho 26th District for it has ten thousand
more of population than that entire District
But | submit that no limitation can be found
here, against the discretionary power of the
Legislature We must look for limitation
elsewhere than in the fraction that would re-
main in District, and who might have
voted in the election Of the Judge, if we would
preserve to the people the right to elect their
Judges
Allow me to frame two or three successive
Bills, and | will so arrange the Judicial Dis
trictS OF the State, preserving to each reason
able limits and population as that not ten
Judges in the Commonwealth shall preside in
Districts where a vote was cast for or against
them ; and if the Legislature has the polrer to
do this, il is idle talk about the constitutional
right OF the people to elect their Judges They
have no such right but only a "prObable
chance" entirely at the discretion Of the Leg
isIature. The numbering Of the Districts is
nothing. They are just as we'll defined without
the numbers yet You blot out districts by
giving them other numbers. Change the Ian
guage Of your bill somewhat. Let it provide
that after the lst Of December next the
counties Of Bradford, Columbia, Wyoming and
Sullivan shall constitute a Judicial District,
and that w. J. Woodward shall be president
Judge Of said District, until the expiration of
the commission he now holds. Is not this le-
giSlating Judge into a new District! 1t is
the coHHtlcs, not the numbers, that mark and
define a District. The Legislature cannot
change Bradford and SGsquehauna counties
into another and different District, by giving
to it new number. The counties remain the
same-the people the same-the District the
same ; and the passage Of this Bill is only to
legislate other Judges into those counties. and
thereby deprive the people of the right of cleo
ton. This is the substance, aim, and ONLY
effect of the bill under consideration.
Neither is it necessary for the preservation
of the powers of the Legislature in full vigor,
that it should possess the power, at pleasure,
to change judicial District. There is, |
repeat, no vital necessity for such a power
Occasions rarely present where any such change
Is demanded by the public interests. There
are but one or two examples of any such change
since the election of the Judiciary in 1851 :
and no very strong necessity existed for it in
those cases but they were made for the con-
venience of the Judges, and with the general
consent OF the people, no question of consttu-
tionality being raised The Legislature could
by law provide, that upon the next election to
take place in particular District, the people
of county, not then connected with such
District, should take part in the election, and
thereupon that said county should be attached
to and form part Of such district. | submit
that it is on y under some such limitation as
this, that Legislation can be exercised over this
subject otherwise your break down the con-
stltutional guarantee, and place the right of
the people to elect their Judges, entirely at
the discretion of the Legislature.
The establishment of new Districts is wholly
a different question. Here the discretion of
the Legislature is unlimited An election
must follow the erection of every new District
Il is believed that this is the first time in the
history of Pennsylvania, that an effort has
been made to annihilate ,Judicial District :