, 1874-02-05
PLAN FOR INCREASING OUR JUDGES.

~ tic Editor af The Chicago Tribune:
Bln: 1t must DO apparent to every one at all
familiar with judicial proceedings in Cook Couu-
ty, that it ia impossible for tho proHont judges
to do the vast amount Of work required Of tho
Courta. How to increase the iudicial force
without increasing tho number Of courts. and
thereby multiplying expensive machinery, is a
question worthy Of confederation,
It eoems to mo the way Is clear, by adding ono
Judge to each Of tho Circuit and Superior
Courts.
"Courts Of Cook County" providos that:
The General Assembly may Increase the n1sn-
Der Of said Judges 1y adding ons to either Of said
courts for every additional 80 900 Inhabitants in
said county ouer and aboue a population Of
4o00oo.'
It ia undoubtedly true that Cook County now
oontains over 100000, which will give our courts
two additional Judges.
asoertaining the population. Other portions Of
the Constitution authorize legislation with rotor
euce to population, viz: Soc. 2S, Art. G. iii ro-
Is, in regard to warehouses; Soc. 9. Art. 10, in
regard 20 Recorders Of Deeds; seo. 90. Art. O. In
regard to Probate Courts.
Under the head Of - ..Apportionnment-Repro-
80 tic Foderal oensus, but this is tho only IN
Stance, and hero 1t ia limited to Representative
,apportionment Theso various provisions re-
latipg to population [except tho last) authorize
certain legislation when tho county or city shall
contain the requisite population.
Tho terms usoa arc May increase eho
number OF said Judges by adding etc., ''for oy-
cry additional 5o,o0O";, IN case Of i Probato
Courts, shaving o population Of 10000; IN
case Of salaries, " In counties not excooding,"
"'" lin: counties containing; in case OF ware-
houses. Tin any town or city Of not less. than
100000 inhabitants"
Thoso terms do not mean to limit the popu1a-
ton to the time OF tho adoption Of tho Conati-
tuition, nor to tho time when the Federal census
was taken, nor to any particular conaus or modo
Of asccrtainmens OF population. They are lim-
itations unon tho power of the General Aseem-
bly,. That body can exercise tho power .chen tho
county or city, as the case may DO, contains tho
requisite population, ,-whetlor 1t Ia In 1874 or.
1S77. =.
So long as tbero ia no modo provided by tho.
Constitution for aseertaining population, It Ia
competent for the General Assembly to ascortntn
t1lnt or any other information IN the manner 1t
.pleaAeH.
An emergency clause states fact as a reaHon
why al act should take effect before the 1st Of
July. Tho Court cannot inquire into that fact
and ascertain that 1t did not exist, and, thero-
FORE decide that tho law did not tako effect at
the time It statea. The Legislature must detor-
mino when the population is sulictcnt surpoao
no Federal or State census wore takon again, and
suppose the population OF the county should in
croase to 100000, 1t cannot be claimed that We
. could not have the relief which tho Constitution
is intended to afford.
J, It seems to me, therefore, that It the Gener-
al Assembly Ia satisfied that tho county has
100000 inhabitants, 1t las tho right to provide
for the election OF IN additional Judge for eaoh
of said courts. JAMES T. Roor.