Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1859-01-09
The now JuAgeship Question. ---- ssvcM
DaOcultles la Prospect. Duty OF J"ose
oO0Oeos

The people determined upon rev's-
ION Of the Constitution, solely for the
purpose of repeating or amending that
portion which prohibited the establish
ment of banks of issue, and when the
delegates had accompli-h that object
those who appointed them, intended
that they should adjourn and come
home. But after they had provided
elaborate systems Of banking which 10y
reference TO another article, 1t will be
observed have already begun to pro-
duce difficulties most unlimited
confidence, in their own capacities as
statesmen, they determined upon
complete reorganization of the whole
system Of government. Under the
wise and equitable provisions OF the Old
Constitution, the people had lived IN
peace and harmony, crime had been
punished, the wheels Of government
had moved on smoothly and economi-
cally, business Of all kinds had been
successful, and universal prosperity had
reigned; but the assembled wiseacres,
unmindful of the proverb "let well
enough Alone" thinking that they
could improve upon matters, set about
overturning, altering, upsetting, chang
ing and amending, in every part and
portion, susceptible Of alteration, change
or amendment, and the result was the
production Of that extraordinary docu-
ment the New Constitution.
Notwithstanding the protcstations,
predictions and WARNINGS of the demo
cratic press--notwithstanding the fact
that the inevitable difficulties and
embarrassments were pointed ont, the
people, bent upon the establishment Of
banks, swallowed the pill entire but
no sooner had it, by the proclamation
Of the Governor, taken effect, than our
predictions began to be verified. One
difficulty after another has arisen
question after question has been
brought before the Courts, until AL
most every department Of the govern
ment has become involved in complica-
tions, which it will be almost impossi-
BILE to unravcl.
Among the Thousand questions
which have arisen, not one, however,
has created and is destined to create
30 much embarrassment, as that ,sug
gested by the Democrat Of yesterday,
regarding the validity of the election
Of all Judges chosen at the election
held in October last.
As might be expected, the mere sug-
kcstiOu vi JHc iIldllcI WAS Suiilcicill W
create a profound sensation through
out the city. 1t is matter in which
every man in the community is deeply
interested. Doubt will be thrown mp
on every judgement rendered by Judge
Dillon, who is now in possession of the
office; the conviction Of every criminal
will be questioned, and suitors, Judges
lawyers. witnesses, jurors, and all vii
be involved in inextricable confusion
The lawyers will thrive and tattcn OF
tho "confusion worse confounded' il
which we have been plunged while
every one else, having any connection
with the business of the courts, will b,
delayed and injured.
1t is not the desire Of Judge Bennett
We understand, to question the RICH
of Mr.. Dillon to the office. The pco
pie have rendered verdict in iavo
of his opponent, and he has been will
ling to submit to IT but ii he is still
the Judge Of the Seventh Judlcia
District, we are unable to see how h
can, in justice to the interests Of tn
people, refuse to test the matter a
once. The civil business of the Dis
trict might not be SO much retarde
by the illegal sitting Of Mr.. Dillon i
the capacity Of Judge; for the ques
ton as to his authority, could be Sc,
led by stipulation ; or perhaps the judg
ment of an officer de tacto would b
valid: but in criminal cases the matte
is different. In order to constitute
legal conviction for criminal offens
the presiding officer of the court whic
tries the prisoner, must be Judge {
jure, as well as de tacto.
We hope therefore, however niue
he may be d,sinclincd to do so, aft
his defeat before the people, tn
Judge Bennett will Immediately s,
out writ Of quo warranto against N
Dillon and have the matter settled
once. This course has been taken
other districts and should be also
this.
Trouble In the State Banks