, 1862-06-04
CONFLICT OF JURISDICTION.
Section 10 Of Article VI. says:

ttAppeals and wFits Of error nsy be takon and
prosecuted from tho circuit court Of any county to
clndes such county OF by Of the parties,
to the supreme court in any other division"
The supreme court, as ne have seen, is to
be held ct three different places in the third
clerks, and the other left in general state Of
lunacy. To which Of these place will the peo-
pie Of the third grand division take their up
peals? Will they 60 to Ottawa, Or Peoria, or
Chicago, Or may they go to either at tnetr
option May the appellant at Peoria drag tho
appellee up to Chicago against his will, OF may
the appellant at Waukegan send the appellee
down to Peoria in spite Of himself? Can any
/ body tell?
TIE COUNTY COURT NUISANCE.
The organization Of the circuit courts IL
left very nearly the same as heretofore. The
number Of Judges is reduced to nineteen, but
asswe shall shortly see, 1D3 other judges are
clothed with powers and jurisdiction almost
| them.
| The county courts under the old constitu-
tion, except in some few counties where spe-
| simply the duties Of 3 probate court, and Of
| justices of the peaee. Now they have been
put upon platform nearly equal to the cir
/ cult court il point Of jurisdiction They have
exclusive jurisdiction Of appeals from magis-
trates, and they may exercise concurrent
jurisdiction with the circuit courts in all civil
cases except those where the title to real
estate Is involved, and actions for libel SANDER,
malicious prosecution and seduction.
| THE LIBERTY OF THE CITIZEN ENDANGERED.
But The most astonishing provision Is that
Of section "a, article VI, which confers upon
this court Jurisdiction in all criminal cases
not extending to death or confinement in the
penitentiary, without aEy presentment or in-
| dictment from grand jury" This jurisdic-
ton is conferred absolutely by the very terms
Of the constitution, and is not subject to leg
is1atige restriction or amendment. a large
portion Of the crimes known to our laws, and
some OF them Of the gravest character, are
punishable by fine and Imprisonment in the
county Jail. Persons guilty Of swindling, for
Instance, by fine not exceeding 81 900 and by
ing six months. Persons obtaining gooda
under false pretenses may be punished By \
fne not exceeding &, 900, and by impgison-
nent in the county jail not exceeding one
year. Any person destroying 3 public jail
shall be punished by fine Of not more than
5000. Many other cases might be cited
where very grave offenses are punished only
By fine and imprisonment And yet under
the proposed constitution any person charged
with any Of these offenses may be tried and
convicted In the most summary manner, with
out presentment or NEUTRALITY-SUSPICIOUS. safe
guards which have SO -long been thrown
around the citizen. Was there any any
reason for Buch changer HlEo the
people called for OF expected itF But the
enormity Of the provision does not stop here
It is well known that. under our laws, persons
under the age Of eighteen years, cannot be
sentenced for any felony, except arson, rob
berry or burglary. Ali such persons, therefore,
Eay be brought up summarily before this
court, and tried and convicted for any felony,
| larson, burglary and robbery excepteD with
out presentment or Indictment. They may
, even be tried aud convicted for manslaughte1
| In this summary, helter-skelter way. Thu
the humane provisions, relieving such per
sons, on account Of their tender years, from
the more severe punishment in the pentten
tiary, Is perverted from its original purpose
and made the Instrument Of destroying thos'
r safeguards which still surround and protec
. older men.