Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1874-02-18
The Judicial Apportionment.


While the judicial apportionment
bill was before the Senate on the 10th
instant, Mr.. Wallace made the follow
ing remarks: n1
Mr.. WALLAcE-Mr. Speaker i move
TO amend the first section by striking
out in the thirteenth and fourteenth
lines the words "to which the county
Of Perry is hereby attached also by
striking out in tho thirty-sixlh and
thirty-seventh lines the words ito
which the county Of Juniata is hereby
attached" ard TO add at the end Of
the section, as the sixtieth line, con.
stituting tho Forty-frst district, "and
tho counties OF Juniata and Perry"
Mr.. Speaker, desire TO state the
reason for this amendment, as il may,
perhaps, become proper on this con-
sideration of the subject matter Of
the bill, to make other amendments
My view of the constitution differs
somewhat from that of the Senator
who has this bill in charge (Mr. Ru.
tam. | regard it as necessary that
counties having population Of 40,-
900 inhabitants shall be q separate u-
dicial district under tho provisions Of
section five, article five, Of the con
stitution, and that where a county
that is contiguous to such an one and
has less than 10000 population il can
be attached to any other county with
less than 10000 Inhabitants. We can.
not attach il TO district having 40
900 inhabitants; or, in other words,
that tho necessity that is contcmplat-
ed in section FIVE Of the constitution
is such as to require the addition of
that county 20 another county Of tho
same character. The constitution in
section five OF article five, provides
that, "Whenever county shall con
I" tain 10000 Inhabitants il shall con-
"stitute q separate judicial district,
"and shall elect one Judge learned in
I" the law and the general assembly
"sball provide for additional judges,
"as the business Of the said districts
I" may require"
This clause is mandatory and com
pulsory. In connection with that
read the next clause, which provides
that counties containing population
less than is sufficient to constitute
separate districts shall be formed into
convenient single districts, or, If nec-
cssary, may bc attached to contigu.
GUS districts, as tho general assembly
may provide.
Now, as to county that contains
less than 10000 inhabitants, which is
surrounded BY counties that have 40
900 or upwards, the necessity contem.
plated by tho constitution exists. 1t
is necessary to attach that county to
a contiguous district, which has 10000
or more. Why? Because we havo
no adjoining counties of It's own class
to attach II TO; and the constitution
did not intend 20 permit us to leap
over an adjoining county with 10000
inhabitants and attach IL to county
containg less than that number. Such
an arrangement would be anomalous.
Here arc two mandatory provisions
of tho constitution. One is that
separate judicial district shall exist
wherever county contains forty
thousand inhabitants. Tho other Is
that counties containing population
less than sufficient TO constitute sop
arato district shall be formed into
convenient single district These, be-
ing compulsory provisions, we are
bound TO follow them, unless the noces.
sity exists to do the other thing that is
provided for. What is the other thing?
If necessary, counties containing q
population less than sufficient to con
stitute q separate district may be at.
tachcd TO q contiguous district What
is contiguous districty II is not two
counties composed of less than forty
thousand inhabitants each but o con.
tiguous district as contemplated by
this clause and tho first clause Of soc.
ton five, article five, Of the conslitu-
ton. When you ind a county situa-
ted as Adams is, with county
containing forty thousand or more in
habitants on every aldo OF ", II be-
comes necessary to attach II TO the
adjoiningor contiguous district. There
Is no other county Of its class to which
II can be attached or with which It |
can be formed into district That
county, therefore,, comes within tho
provision Of tho constitution that per.
m Ia IA 10 Ia. ,,ti...f...f 4. !. l.x.tt.-f