, 1873-04-22
THE CIRCUIT JUDGES.
Whom Do .Tlloir Terms Of Office
Expire ?
4 Tour Among the lawyers Onin-
ions 4 RoyloW Of
tho LnW.

Judges is ono that is apparently IN aB groat
muddlo as almost every other election question.
It boing generally understood tLat Judge
Williams torn expires in the month Of Juno
noxt, reporter OF this journal waited on him to
ask his opinion as to tho Inv. Tho Judge said
he Ind no doubt whatovor that Ills term expired
In tho month roforrod to, but ho waH not a,1ro
what tlo lnw contemplated as to tho otlor
Judges.
After waiting on sovoral Of tho most promi-
mont lawyers tho reporters attention waB direct
ed to tho following:
~ seo. !, art. 9. ot the Constitution, the Judi
Circuit oourtp, County Courts, justices Of tie Peace
po!cs and In ouch courts ba created
y eo q E ea In
donncd and It Is doclased that Tho tora Of oco Of
Judges Of tho Circuit Courts shall bo sig years.n
HHc Is declares that tho State, exclusive Of Cook
snnS b. ns5Rs sra S
tho circuit oorI shall DO old On .ho 1rst Monday of
dTcd and sovonty-shreo, and overy s1 Jeafs thero-
ny Sec. %, tho County Of Cook ie nado one judi
i've, until Increased by the Legislature. This section
sns s II ss ses ssa4 5ss sa as.
for tho ets for which thor rospestiyely o1oete
Aod. Dy this section the Superior Court IL continued
y is then sa!d. "Iho tsrs ot once 81 % Judges
sec Of to soholule n,atea provision tor tic elec-
ton Of three Judges Of TUG Circuit Court in Cook
Judiciary, lhe day the Constitution should 10
0onstitution Should no bo raod no certiticatea Of
The Vote ep e @ Constitution was asen On tho first
sntardsy of Jnly 1874 s9 ahd went into force on tho
5njg wna ,YIi1r
tho day tho Constitution was zatlcd by tho people, re-
signed The ol9q Of necorder snd never sctea e Or
as IT,
on tho to o soms
Tae teFm fos xSoh Judge Williams vas elected er-
rhe question IT, When DO tho terms Of Judges Rog-
era Booth, Farwsll, and Treo expire? When arc tho
will DO observed tho. tho election which provides for
fSo Judges Of tho Circuit Court Of Cook County and
aes % tn tbs viii bs 5 5 % Tho
bench in tho Circuit md Recorders Court and nxes
tho time for the expiration Of tho terms Of thoae two
d!tonal Judges should 60 out Of Office Tho only lh-
guago In that section in relation to tho !ougsh term
terms OF oce Of thu Judges Of Batd Courts hereafter
elected shall DO Si1 yoars" The Judges referred to
Si % s # @ eps ases5 1d G %
rules u construction tho word hrreaitcr" is to 10
conE1dogod aH referring to tho t1mo when the Con-
81 agus o0 ,ea As "s 5ags a'' Rogers noo
and Farwell were elected on tho I'd DAY
Nor M oseu It Jadses i p!a9s
in the twelfth section Of tho judicial article. which
fixes tho terms of olco Of Circuit Judges yeara
Constitution went nto effect and they aro not entitled,
% nattor Of right to hold office for aix years from
the time of eloction eonmlason, or qualification, or
Tie Language q tho Constitution not Retrospective.
tho fundamental aw Il thcso Judges can hoid bo-
you'd June noxt, It is becauGe thoy were elected and
Commissioned before the adoption ct tho Constitution
within t4o meaniug Of Sec. o. tho Schedule. Il viii
aoarce'y be contcnaed that thoy included within
There ia no provision that they may hold for more
than ai1 yca or until their successors Inay ccct
sna e n a m sa n Of sas 9s
otAce Of Supreme Judge, given by the Supreme Court
ITSELF tho Incumbent muat retire from office Mt tho ox
piration OF hg torn, whether there Is SUCCESSOR
ready TO tako his place or not.
Tho Legislature cannot provide for m election Of
&c., Il Of tho aea arca ess1shes 5 sY fop
tho election Ra tho first Moulay Of June, 1875 anu
every atx years thereafter.
A prominent lawyor, being questioned on tloso
points, said:
Ono drivento tho conclusion that there must
DO vacancies in tho ocea Of Circuit JugrB from 1876
to 1870 or tho terms Of Office Of Judges Rogers, Dooh
Successors Gun only Is elected on the rst Monday Of
June 1e7sor 1870 Ags!n the provision II tho Oolsti.
tuition that the election for Judges Of tho Circuit Court
shall ba held on tho lrst Monday Of june 1871 covers
al Circuit Judges without qualification OF limitations
When to this consideration IA added the fact that mono
Of these gontiomcn became Judges utter tho Consu-
tion took effect and not therefore, covered by tho
provision that oil Circuit Judges shall hold for six
years. to bo cloar that their gucccasora cau
antl must DO elected next Juno,
It was aoubeas the intention Of tho framera Of The
Constitution to provide temporarily for tho organlza-
ton Of tho Circuit Court Of Gook County natIl tho
tion, and then have tho election Of n Circuit Judges
uniform throughout tho 6tato II iB true that Judge
Trce was elected after the Constitution was In force,
and, therefore, ho would be included In the class q
persons "barcafter" elected But tho other hand
hewas not chosen under apy act Of the Lcaisasuro
Constitutional provision. On the contrary, he only
entered tho otlco tho theory That there WAS va
canoy causod by the promotion of Judge blcAstor 10
tue Supreme bcnch, md, therefore, It would Bcen,
t,lat he could not have any groater rights Taking oil
aooms to be eseape from thu conclusion that i've
Judgea Of tho Circuit Court OF Cook County must bo
elected tho ArGt Monday noxt Juue The result Of
any other reasoning ia TO Continue hom in office to
January, 1879.
4 GOOD COMMENCEMENT.