, 1870-06-17
POINTS OF CONSTITUTIONAL REFORM,

The present organization OF tne conls "
the State has long been felt to be radically !
DETECTIVE; first, in having too few md too
in-paad Judges il the Supreme Court ae:~
oudis, in hnving no intermediate tribunal
between tho Supreme Court and the CU-
cult Judges, wberein the Judges OF the Ci1-
crit Courts could ait in revision over each
others decisions, so as to introduce uni
fo1nity of practice between the various cir |
cults, and avoid the necessity Of carrying
many cases 10 the Suprsme Court for final
decision thirdly, in the prepostenous pay
granted to the Circuit Judges (sl,ooo
year); fou.thly, IN tho system OF fees to
the Clerks Of the Circuit Court, aupunting
in Cook County to forty times the con
stitutional salazy Of his superior,
the Circuit Judge, and, filthy, in the
iupossibzNty Of getting good Justices Of
The Peace, md, inter time, good Judges
of any grade, in lnrge city, by election.
All these defects are wisely remeaied in the
new constitution. Instead of three Judges
Of the Supreme Court, it provides for
seven, in whom the three now in Office shall
be included nntl theis terms expire
Instead of pretending to pay the Supreme
Court Judges 81 zoo year, md the Circuit
Judges 81, 900, o sum that would scarcely
hire dag laborer, and would not hire q
bookkeener OF mechanic, tho constitution
proposes to pay the Supreme Court Judges
$1,000 O year, and the Circuit Judges
$4,000. Tie actual cost to the State i
not much increased, because, to proeuzt
tbe services OF competent men. We have
heretofore been compelled to evadt
and annul the present constitution
hv giving The Judges severn
thousand dollars each extra compensation
for fictitious serv1caa, in reporting as to th
revisious necessary in t1p laws, when
was well understood that no such reylslol
vas wanted. except in the constitution, an
that no such reports, worth mentioning
would be made. IndAsd, taaa tho ~"l'ass
OF these extra compensations been col
tested, every Judge in the State woul
have been compelled to decide, Us matts
of Law, that be had, himself, been il
duced> with the connivance of the Leg
latute, 10 reach his arm nn1awfully into X
State Treasury every time he drew b
salary. OF course, such system OF for
ing even tho Judges OF cur State to CO
nive at an Unconstitutional n
Of public money, is 3 aoz
nuisance, not to bo. tolerated
moment after it can be abolished. II
present constitution merely enablea +
Judges to draw legally and without blu
about tie same salaries as they have here
fore drawn By virtue Of enactments VIII
eyaded the constitution.
Three Judges are too few to lay down
Inv in the court Of last resort to the wh
State, and, in many respects to the Lei
lature itself. As two Of thoso constitpt
majority, Il really reduces the appellate
rispradence Of the State to very nasz
and despotic compass, 1t Is hardly
tLat anr two men should have 80 hig
power over the decisions o. all the COT
and the acts of the Legislature
eularging this body to seven,
is brought 10 about ths nun
Of Judges who have usually sat in the
preme Court of tho United States anf
most of the States So far As purs In
the perfection Of human reason. It can
.esais from balancing against each o.
the conclusions Of various learned and
minda, in such manner As TO eliminate
di7idaM bias and preiudice from the gen
judgment. This can certainly be bt
done in court OF seyen than in one Of t
members. Nor would it be possible,
the rapidly incteazing business Of the col
that Supreme Court Of only three per
could dispose Of the cases with that ptou
tude which il y chief essential to jus
For Justice delayed is justica denied.
The constitution has not itself ere,
but has authorized the Legialatu1e to Ct
what might be called q General TIE,
Circuit Judges, or General Circuit I
to be held BY the Circuit Judges, fc
review OF Circuit decisions, before pa
them up to the Supreme Court. III
much practical law that does not &c
books ut all, or not In time for use.
is sort Of sixth sense whereby good
yers, in steady practices, peroeive Il
without referring much to decision
painters perceive the harmony OF {
from daily familiarity with the mo
which points are decided. Herctoto1
Circuit Judges hare sat separately
little or no chance to compare their
ions with those Of their br
OF other circuits, and q
relop uniformity Of p'
in regard, not only to modes {
cedure, but to rules Of evidence u
leading points OF cases. Hence, n
practising at the circnit in one part
State finds himself utterly ns sea in
cause before Judge Of another
AZ many syztems OF law and as ms
hons Of the sduisaihility Of sviden
.7 as fhere are Judges. This can