Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1874-08-06

| BY that means the capacity of the
! Common Pleas will be nearly doubled,
the dispatch of business promoted, and
the administration of justice render
ed speedy and certain, and every
possible failure provided against. 1t is
otherwise under the present system.
How many times have we seen term
of the Common Pleas fail from non-at-
tendance of the Judge on account of
sickness or other cause; witnesses sum-
moned i'm large numbers and at great
cost dismissed, and the controversy Of
parties continued from term to term at
ruinous expense-all of which may be
successfully averted by wise legislation
under the proposed system.
CIRCUIT COURTS.
The Circuit is substituted for the Dis
trict Courts, with like powers and juris-
diction. To iDaugurate it the State is
temporarily divided into seven circuits,
in each of which Judges are to be
chosen who may exercise their judicial
functions in the several circuits. Three
of these Judges constitute full Bench,
but two are sufficient to hold a term.
Two tcrms of this Court are required to
be held in each county annually, and
the Judges to labor the same length of
time required by Common Pleas Judg-
es, which will be on an average about
nine months. Two or more Circuit
Courts may be cotemporaneously held
in the same circuit if the exigencies of
business demand it.
Ten Courts, composed of two Judges
each, may be organized. Hence, when
each bench is full, the Court working
nine months, will have capacity of
sixty-three months, or more than three
times the capacity of the present Dis
trict Courts, If ten Courts, with two
! Judges each, shall be constituted, they
I've. when working nine months,
-'nety months in the year,
oanae;tv mn nc -"rity OF the Dis
or five times the caL..
trict Court. 4
BY providing an additional Judge in
any circuit, two Courts may be perma-
nently constituted for each Circuit.
In case of disagreement, when but
two Judges are sitting, the cause can be
reserved or passed until the three
Judges can be present. The General
Assembly has discretionary power
to increase or diminish the number of
Judges and the number of circuits.
Should ten Courts be insufficient to
transact the business, any additional
number may be provided. Should sew
en- Courts be more than sufficient, the
may be reduced. Thus the
system is entirely flexible, and may be
adapted to any exigency.
The Judges being chosen from wide
field, no reason exists why the Court
may not be one of learning and ability,
in hose decisions the public will have
and with which they. will
be conteul, generally, without troub-
ling the Supreme Court to review them.
From three to five weeks of time
may be given to the business of each
county; in larger counties more, de-
pending on the number of Courts that
may be put iD operation, which, it is
believed, will be ample time for the in
vestigatiOn and mature consideration
of all causes that may be carried into
the Court during the year; and as two
terms are required each year, justice
can not be long delayed, as under the
old system. :
Nothing more need be said of
THE SUPREME COURT
Than that in jurisdiction and numbers
it remains unchanged. The Judges
being relieved of district duty, can de-
vote their entire time to the Su-
preme Bench, uninfiuenced by hasty
Or ill-considered decisions ON the Cir
,uit.
OFFICIAL TERM OF JUDGES.
The principle of biennial elections
made it necessary that official terms
be fixed at an even number of Years.
1t will be impossible to dispense with
IN election one year in two, if the
terms were i'm length AN odd number
Of years This is too obvious to need
The supply ofjudicial qualifications
Of real superiority is not excessive. OF
what there is the public should be per-
mitted to avail itself in some of the
Courts. If all judicial terms were of
the same length they must expire at
the same time and be filled at the same
election. The different political par
ties will select their ablest lawyers as
candidates for the higher Courts. But
Ill cannot be elected. The defeated
candidates of the Supreme Bench
night, nevertheless, be eminentIy fit
ed for the Circuit, and the defeated
for the Circuit might be bet
er fitted for the Common Pleas than
many who are on the ticket for that
Court.
But it is obvious that the same per-
ous can not be candidates for more
han single position at the same time.
Therefore, if all the terms are of the
anne length, and all the Judges are to
,e elected at the same time, it is quite
lear that the public must lose the SER
'ices of all the defeated candidates for
my Courts, though eminently quail
led for another and entirely willing to
erve in it. Whereas, if the position
n the different Courts are to be filed
q different years, candidates defeated
q any year for one Court may never
heless be invited by the public at the
ext election to accept a position in
mother, and thus their qualifications
e secured to the judicial service. This
vas the controlling reason for making
he terms of different lengths.
Again, it is not fitting or prudent
bat the Judges of all the Courts should
q inexperienced. III, however, the
srms were of the same length il might
ccur that the entire judicial force
1ould be changed and inexperienced
1en successfully placed on the bench
t short intervals. The tendency Of
MS and its almost inevitable results
'ould be to revolutionize the practice
nd destroy the stability of the judo
Try. Accordingly the official terms
Tere fixed for the Common Pleas at
x years, for the Circuit Court eight
ears, and the Supreme Court ten
ears.
But independent of the above con-
derations it was deemed of the great
IT Importance that judicial terms be
'ngthened. Few men are born Judges.
minent fitness for the position is gen.
ally acquired by experience and SER
ice in the position itself. The men
ho have become illustrious as jurists
ere rarely distinguished in the earlier
af 4l,.ai. ;..diaiai Mi. L.