Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1859-01-08

sONs
laden. - ~ 30 10 JuAsei
At the head Of all the bunders re-
sulting from the insane desire Tor
change which occasionally takes pos
session Of the people, the New Constr
tuition of the State Of Iowa may be
placed. 1t has been productive OF no
single iota Of good to the people. IL
has changed the entire system OF gov
eminent, adding new powers ana
creating new branches, tie operation
Of which has been but to involve us IN
inextricable and inconPrehenslbie
complications. 1t gave US the Board
ofEducation, and the illegal school law,
with ali its attendant difficulties, ex-
peuses and embarrassmen,s. 1t reduced
the number Of Judicial Districts, pro-
longing law suits, and lengthenlng out
litigations. II curtaile4 the powers o.
Justices Of the Peace, leaving them no
power to try petty criminal cases ana
thereby throwing large amount OF
petty business upon the already over
loaded aud restricted District Courts.
Il has been the cause of much lllegel
legislation, the prolific father Of in
Vulnerable law suits, and perfect
mirs of wealth to the lawyers. We
have, however, managed, by frequent
no -i,catlons TO the courts, to procure
settlement Of some OF tie questions
which are constantly arising but nov
it seems that even tbs resource Is to
be taken away, for 1t Is now asserted
that the elections o. all JudgeS IN Oc-
tobey las; are votd under the new Con
s,i,ution.
Tho question has been raised IN the
Burlington District, between Judge
Cl4gget, who cams to hold the oiiic'
OF District Judge by virtue Of his cleo
ton 10 eighteen hnndres and ility-
seven, :urce ycars .onger, and Judge
Springer, who claims the bench under
the election N October la,t. Tie lnl-
tlatory steps iE the contest were taken
at Burlington n Monday lat, when
the r.vsl claimants Of the judicial err
niue frst came Ia collision.
ON the manner in which the press,
f. eddy 70 Mr. Clagget, speaks OF the
contest, it i, apparent that they aIe
con ident of result in his favor. The
Font Madison Plum Deater says -
"W o have expressed the opinion sew
eral nues that Judge Clagget holds
over, IS against Springer or his sue :cs-
aor. and we now reiteratc the opinion
and IN our readers tha. Thomas W
Caggct is legally and consttntlonally
Judge OF The First judicial District o.
Iowa, and will hold that office fer The
term he WAS elected to fill under tb,
old constitution.
The question, we understand, al
though depending upon numerous sec
tons of the constitution, is principl'
based upon Section Ten of Article
Five, and Section Seven Of Article
Twelve.
The case Of our own Judicial Dis
trict, is precisely similar. Judge Ben
net was appointed by the Governor t.
fill the vacancy occasioned 10y the re
signation of Judge Mitchell, who wa
elected in eighteen hundred and fifty
seven, and Judge Dillon was electec
at the October election of cightcel
hundred and fifty-e ght, in the SAM
manner and at the same time, tina
Judge Springer was elected.
II, therefore, it shall be decided tina
the Interpretation put upon the constl
tuition, 10y Judge Clagget is correct, an
the advocates OF the legality of hi
continuance in office be sustained, i
will follow, that not only the decision
CT his opponent bat also Of Judg
Dillon, N this district, Will bccom
invalidsted.
There are difficulties in prospect
Fun for the lawyers, but death T.
suitors.