Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1874-08-13
The New CONSTITUTION.

ferences between the two. In the
great substantial provisions the
two are alike; and are these diff
ferences such as to lead US to reject
or to adopt the new one?
The main cause or reason for the
convention was the Judiciary system.
The present system had become un-
popular and inadequate to the dis
4 patch of the business. The docket
of the Supreme court was four years
in arrear, and the other courts were
becoming overloaded with business,
and delays were becoming almost a
denial of fiustice. This evil was the
crying evil, which rendered the con-
vention a necessity.
The convention has undertaken to
remedy this evil; and in my opinion
the change made is for the better.
One complaint to the present sys-
TEN was that the common pleas
Judges sat in the District court to re-
wise their own judgment. The press
of business in the Supreme court had
compelled the judges of that court to
absent themselves from attendance
on the District courts and had thus
entirely changed its character.
The convention has provided for
this complaint by electing separate
judges for the Circuit court which is
the District court under another
name. There was no other way to
avoid the difficulty. In so acting the
convention only obeyed public opin-
ion. This creates some new judges
for the Circuit court, but in so doing
the number of common pleas judges
is decreased.
1t is said that the new Constitu-
tiOn increases the number of judges.
The increase is eighteen judges over
the present number. But there is
more work to be done under the new
than under the present Constitution.
There are to be four terms of the
Court of Common Pleas instead of
three as now, and two terms of the
Circuit court instead of one as now.
The dispatch of business requires
these additional terms especially in
the Circuit court 80 as to avoid de-
lay.
But there will be no more judges
than the business requires. If there
are, the Legislature can abolish the
office. But this increase in the num-
ber of judges will not be found to
exceed the needs Of the dispatch of
business. If the new Constitution
should not be adopted, the Legisla-
ture must create new courts and new
Judges in order to secure dispatch
and avoid delay. There can be no
economy here; you must have courts
and judges enough to do the business
of the people. The additional costs
now imposed upon litigents by this
delay is greater than any increased
cost of the judiciary. A government
which does not provide a judiciary
which can dispose without delay of
the business of the people in courts is
no government; it is an absolute fail
ure of government.
The Supreme court must have re-
lief. Business in that court is four
years behind; that is, case which
goes there has chance of being de-
cided at the end of four years, and at
the end Of another ten years, a case
cannot expect to be decided under
some eight years. This is an abso-
lutte denial of justice and must be
remedied.
The objection of expense in the ju-
dietary is no objection at all; because
no one claims that there are too many
judges for the business. This bust
ness must be done; and the people
have right to require it to be done.
The business of the courts would
justify and require the adoption of
this Constitution, if there were no
other reasons.
There are other reasons. The
cumulative vote in Hamilton and
Cuyahoga counties is another reason
for its adoption. Hamilton county
rules the State by its large delega-
tion, all elected of the same party.
| would have preferred dividing up
these counties into single districts as
the balance of the State is nearly. |
But single districts not being provi- |
ded for, the cumulative voting is the
next best thing. 1t will secure di- |
vision in the politics and party re-
latiOns of these counties, and largely
diminish their influence over the |
other parts of the State. This is not |
a party question; but question of
securing fair representation of pub
lie opinion in the Legislation of the |
State.
Some object to the qualified veto
given to the Governor. The object of |
all Legislation is to secure good laws.
We have for this object two houses,
so that each law may be twice con
sidered. Now this qualified veto
looks to the same object to require
further reflection. The Governor is
required to examine each law and see
if there are any objections to it, and
if he finds any, he is required to sug-
gest them TO the Legislature and the
two houses are to reconsider the law
and vote again on it, and if three
fifths of each house vote for it, it will
still become law; but if it cannot
secure that number of votes, it does
not become a law. No law that
ought to pass will be vetoed, or if it
is it will be passed Notwithstanding
it. The Governor will have no mo-
tive to object to good law; and he
will protect the people by vetoing
bad one. consider this power a
great conservative provision, calcula-
ted to defeat only bad and dishonest
Legislation. The honest part of the
people should, therefore, approve of
this provision. 1t is provision in
aid of honesty and blow only at dis
honesty. |,
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