Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1874-06-18
The New Constitution.
JUDICIAL.

| VIC Huu III Iue lTOHCoH heytStCi
from the pen of Hon. H. S. NEAL,
statement of the changes made i
this article which we adopt:
The change of our judicial syster
was imperatively required. Th
Courts were everywhere blocked u
with accumulated business, to sue
an extent as to almost amount to
denial of justice. These evils wer
universally felt and recognized; and
consequently. the best talent of tn
convention, as, also, much time wa
devoted to a consideration of thi
most important article. will briefly
state what the new system will be, 5,
that all may see its great improve
ment over the present.
Justices the Peace are to b,
elected for four years in each town
ship. Vacancies will be filled by ap
pOintment until the next election fol
other township officers. This will
prevent the holding of special elec
tiOns, which were SO expensive
troublesome and unsatisfactory. Pro
bate Courts continue as at present
organized.
Courts of Common Pleas are also
continued as at present organized.
1t is expected the second trial system
will be abolished. Courts must be
held four times in each year in every
county in the State, and the business
OF each term must be disposed of be-
fore the Judge can adjourn the same.
Every one who has been compelled
to attend Court term after term. with
numerous witnesses, urging the trial
OF his case, only to be disappointed
time and again, until costs and lawyer
fees nearly eat up his substance, will
be able to appreciate any provision
that will give him fair and speedy
trial. The only persons whom have
heard complain of this are lawyers
who think they will have to work too
hard to suit them. Well, the Con
StitutiOn was not made in the inter
est of lawyers, but for the benefit of
the people whose wellbeing we en-
leavOred to consult.
Another provision is the following,
which counties having been afflicted
With drunken Judges can well ap-
)reciate:
''SEC. %. Drunkenness of a Judi
.ial officer, during term of his court.
" when otherwise officially engaged,
hall work forfeiture of his office;
md upon such fact being established,
IS shall be provided by law, his office
hall become vacant. 1t shall be the
luty of the general assembly to pro-
-ide for carrying this section into eff
ect."
In the place of the District Court,
which has been highly obnoxious to
very right minded person, since the
supreme Judges suspended their la
'Ors upon the circuit, Circuit Courts
re established which shall hold two
erms of court in each county every
ear. This court will have jurisdic-
ion in cases of error and appeal from
he Common Pleas and other inferior
Ourts, and such other jurisdiction as
lay be prescribed by law. If the
eOple are careful in the selection of
Judges for this Court, it will he found
} be entirely satisfactory, and will
emedy the evils now found to be APP
endant to the District Court.
The present Supreme Court is con
nued as a commission to close up
S business. 1t Is now four years
ehind, and the business is accumu-
lting from year to year, so that it
ecame matter of primary impor-
lnce to provide some adequate re-
ef. A new Supreme Court will be
Iected at the October election to
Ike charge of new business that may
e brought into i, and it is hoped it
ill be able to keep pace with its bu-
mess, that no great delay will be ex-
erienced in the future. This is, in
rief, the judicial system the Con-
entiOn framed. 1t will be found,
OF only for the present, but for a
years to come, fully ade-
uate to meet the growing wants and
of the State, and will reme-
y every recognized evil if care is ta-
en- in the selection of able, honest,
pright and experienced judges.
18th bad, inexperienced or inefficient
zen upon the bench, no judicial
7stem, however perfect, will give sat
faction. Did the proposed COnsti
ltion make no other change, this
one ought to secure its triumphant
The judges of the Supreme Court,
the first election are to be elected
Y what is known as the restrictive
stem, which is, that no electOr shall
,te for more than three out of five.
his will give one party three, and
Ie other two, of the five judges.
he object of adopting this plan was
secure the best talent in the State,
of political parties, and
case political questions should
Use for adjudication, it was thought
reater confidence would be placed
the opinion of a court thus cOnsti-
tied, than in a court composed ex-
of one political party or the
her. Theoretically there is no
olitics upon the Bench. Judges are
ected with reference to their judi,
al requirements and their personal ]
laracter. They are representa- I
YES of the abstract principles OF
1stice not of political parties, prac-
cally however, politics enters more I
!. less into the selection of the man, '
ID in that view nothing is lost by c
.oyiding for a mixed Bench in the c
amer proposed in the new Consti-
tiOn.