The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1873-04-03
Judicial Reform.

The primary cause for the calling of
the Constitutional Convention, which
is soon to assemble in Ohio, was the
necessity for important changes in our
Judicial system. "A I present il is no.
toriously defective; SO much SO in
many cases as to amount 10 a denial
of justice. What is desired is the Or
ganizatiOn of such tribunals as will
speedily determine any litigated case,
aud determine it right. There is no
greater evil than the ''laws's delay"
Justice should be administered speed
lily and cheaply. Now it is no unu-
sual thing for Il case TO be two years
in the lower Courts and three or four
years in the, Supreme Court before it
is settled. This is simply outrageous.
1t may be necessary to have more
Judges, for we cannot expect TO al
ways maintain the same force when
population is increasing and Judicial
business is multiplying. In the or
ganizaiion of Tie new Courts one great
mistake of the Constitution of 1851
should be avoided. We allude TO the
association of Judge who tries case
in an inferior Court with other Jadg-
es in an Appellate Conrt. Nothing
more absurd aud improper than this
can be imagined. "A judge who de-
cides suit in certain way below, of
course Will have pride OF opinion TO
maintain it when u reversal OF his
Judgment is asked Tor above. Being
familiar with the case, he enjoys ad-
yantages over his colleagues, and they
generally defer to his judgment. No
Judge likes TO be overruled, and thus
there is a mutual sustainment of each
other. .,....-.
The appellate Courts should be
composed of men entirely unbiased.
ganiZed upon The New Yvrk plain of a
Chief Justice and six Associates, no
voter having the privilege of voting
appointed from those who receive the
candidates. This would
give the minority party a representa-
ton on the bench, which we regard
as an essential consideration, A
A Judgment given by a court where
the Judges are; divided politically
much. more weight with 1T
than if it came from one that belong
ed to a political party. Between the
Court and Common Pleas. |
:here should be an intermediate Court,
whose, decision should be final in q
large multitude of cases where ,he |
of property was small. Only |
cases where life or liberty, or large
of property, or questions of
a constitutional character are involv-
ed, should go to the higher Court.
There. ought to be Judges sufficient to
clear the docket at every term, and
no case should go over from one year
to another. The judges should, of
course, be elected by the people, for |
the elective system has proven a sue
cess. There are very, few. we pre-
sumo, who viii favor the appointing
method. The plan, however, of All
exchange of circuits and districts
Judges of one county or district go
ing into another-is worthy of con-
There. are often local 4
questions unpleasant. for a judge of
that locality TO decide which a judge
from another county could decide
personal feeling. We should
give the Judges handsome salaries, in |
order to induce .he best legal talent OF |
The State to accept judicial hopots;
Their compensation should be, cer-
tainly equal to that made III their pro-
fession by ,frst-class lawy ers. Their
term should be of considerable length, |
say six years Enquirer. ,,.a.
H Il