, 1870-02-28
Gbe Grihuttp.
6CBsJKYFfIUN TEEME:
t4YAAnu ApYAxn
MONDAY, FEBRUARY es, 1870.


MONDAY, FEBRUARY IS, 1870.
THE STATE JUDICIARY.
The changes proposed by the report Of
The Judiciary Committee Of tho Constitution
al Convention, in the organization Of the
consts Of tic State, and The further changes
which they permit the Legislature hereafter
TO make, are OF considerable importance.
The Supreme Court is enlarged FROM three
Judges to seven, Of whom the Northern
Division will furnish three, the Central two.
snd the Southern two, including the Judges
from the three divisions nov in oasse.
Their terms OF Office nre extended from
zine to twelve years. Unlike the constitu-
tious Of many Of the States, the report does
not propose 10 limit the sge at which judges
shall retire frora Office. The Legislature is
empowered to change the Supreme Court
divisions. always preserving the proportion
of Judges to population, aud requiring each
Judge TO reside in his division. In addition
to tho usual terms now held, ole or more
Terms mry be held in Chicago, Whenever
the city OF county shall provide suitable
1oooas ana .ne use OF aiorafy' 1he increase
Of the salaries Of these Judges, as well IS Of
all the otters,-a refolm SO much needed
sslae' with fua powers, to the Legislature.
We presume the committee have weighed
thofooehly the reasons for leaving the pay
Of The Judges Of the Supreme Court in the
discretion OF cEet5 succeeding Legislature.
me usual PROVISION IS that their salaries
s:'sA no' ''e a..n'n1saeo out1n9 saeaf con-
unaanee ~ o1nee' WINE .nefe arc oo)ec-
oons 10 imposing eas','ron im'tauon
upon 'ne SALARIES o, 'uosea tnere are
ssf'0os oo]ec''oa' 10 iea''ne tnei1 Salaries
open ~ teo4s'ion y every Legislature
LEGISLATURES eonsls1 1atge!y oa as"yefs-
~, ooiaepe .'ui =, 'Nou'a os 4uaepenoeat
VI 'ne"' III a'1 fespee.s' "netnef In tue
ptae.'ee e 'oas aA'e - ~. .oatt As ao-
..,.. .oe4,ss :, - passs ep'a .ae conss'lo-
tA t1o .,' s',s-as y. ;A - a. 49, ~ s 4.s neas-
tNs ~ ~ w e" open Al en.s
=. ,'''ass Is = feature N toe tepo,. which
1Le so1'e1N1oA VIII o0uo''ess 'olls con-
esaes'
1ne e'e'en1n sec''oa empowers the Leg
.s1A.u !.aS ~. a..e' we sea1 io'4' 70 create an
lA.ei ut 4's.s VI natnea Appellate Coutt,
cs4o. 'ns sup.e'oe aoa ABOVE the Circuit
80 ~ AmouL.ue ~ eneet 70 dene1ai
I.im y, .se Nneu' eoor1' as tnese terms
~ Al'p'tru Al o,uet States" LOIS Appellate
1o"'. va oe ne'u " sucn namoef OF the
Nne1l' ouoses as ms Legislature may pro-
49, @ c:1.a:. aa W. neA sppsa.s from
.ao Hneu1I eo'e. created, 1t Will,
ooooaess' pe an improvement IN some
1.'.'es" wiz aecnstom me Circuit
1uuses 10 s't Ii review OF each others
uee'alons' ana III tais way VIII harmonize
Tue 1o'es, placice' ano construction Of Law |
oes"een tue Judges OF clrcuits, among whom |
,nefe Is low too little concurrent notion, |
hnd hence too great coutariety OF |
decision and procedure. Il it should lead,
also, to a greater habit Of regarding The
Circuit Judges as Judges for the State at
large, and net merely for the circuit |
IN which they nre elected, and
to q more frequent exchange OF
ciFcoits between the Judges, the advantage
would be equally decided Rarely, ai pres
~ ~AN r. 49, N07e"7 ~ LIZ oA<AAGa5 VI NtAtI
inability OF Judge, is his place filed By
Judge from another circuit. This certainly
tends to retard the progress Of both the
bench md the bar. One Judge constantly
listening to one set Of lawyers, and trying,
'e15 Ize!s, one class Of cases, does not
acquire the range o! Information and the
n0olt OF ln1pa1tlality which are acquired by
one who Is constantly dealing with new
questions and Few faces Neither are the
oss.os county or circuit 80 we'll drilled By
frequent practice before one Judge as be-
7ose seVeral. In the former case the quisks
@Ea temper OF Judge come to be the rules
Oh PFacsice for his circuit, mud in tho latter
a 'a~!et comes to study, not his procedents,
oot LIS 1ooee, to know whether he has
so9a case or not.
ane nanoef OF Inc circuits, nov thirty,
"''i not oe g.eatly changed " the reported
p'o''S'ons' ~hseh propose that there shall
u u one c'rcah 10 every $4,000 population.
Inc Term Of oflce remains si1 years, as at
present. Circuits may be divided by the
Legislature SO as to include three OF more