The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-06-23
was diminished by their withdrawal from

was diminished by their withdrawal from
one to three months in each year to re-
view their own decisions in the District
Court; while the few days or hours allot-
ted to this Court in each county rendered
its decisions judicial farce, and caused it
to fall into popular contempt. From
general want of confidence in this Court,
a large proportion of the causes have
found their way to the Supreme Court,
and thus have overwhelmed it also.
To mature a system that will secure
stability, learning and efficiency in the
courts; command public confidence and
respect; relieve existing, and prevent
future blockades; and of such Aexibility
as to be readily adapted to the exigencies
of business, was the aim and effort of the
Convention. This, it was believed, could
be done by creating an independent tri-
bunal intermediate between the Common
Pleas and Supreme Courts; lengthening
the Judicial tenure 30 as to give it greater
stability, and to offer an inducement for
legal learning to accept it; requiring
semi-annual sittings of Circuit Courts in
each county; providing commission to
dispose of the accumulated business of
the Supreme Court; and starting the Su-
preme Court upon new calendar.
Accordingly, it is proposed that the
State be divided into twelve Common
Pleas districts; that the fortysix Common
Pleas Judges provided for be distributed
to these districts and the subdivisions
thereof, according to their necessities;
that the judicial service of each district
be equitably apportioned among the
Judges therein; that quarterly terms of
this Court be held in every county; and
that each Judge be required to annually
perform two hundred and forty days
labor, unless the business assigned to him
be sooner disposed off,
1t is further proposed that the General
Assembly shall provide by law for supply
ing the place of any Judge who may be
temporarily unable to attend to his du-
ties; and in emergencies Judge of one
district may be transferred for a time to
aid in another. The force thus provided,
if faithful to its official trust, and the peo-
pie elect competent men, will be ample
to discharge all the business brought into
the courts, with promptness and delibera-
ton, so that the delay of causes will be pre-
vented, the attendance of witnesses from
term to term, at ruinous costs, avoided,
and speedy justice done without denial or
delay.
1t is proposed to divide the State into
seven circuits, in each of which there
shall be a Circuit Court, to consist of three
Judges, two of whom shall be quorum;
and that semi-annual terms thereof shall
be held in each county. 1t shall have
Jurisdiction to review and correct the
findings and judgments of the Common
Pleas and other inferior courts. With a
wide scope of territory from which to Sc
lect competent Judges, with a power in
the General Assembly to diminish or aug
ment the capacity of this Court according
to necessity, and with length of official
term guaranteeing reasonable stability, ii
is believed that the Circuit Court may be-
come in all respects, except in authority,
the equal of the Supreme Court, and COM
mand such confidence and respect as to
satisfy most litigants and prevent them
from further prosecuting their controver-
sies-thus relieving themselves from a
great additional expense, and the Su-
preme Court from an excessive accumula-
ton of causes. The Circuit Judges may
serve in any part of the State; and as any
two of them will form quorum, it will
be seen that ten of these courts might be
held at the same time if necessary.
The Supreme Court remains unchanged,
except that the official term of the Judges
is extended to ten years. Atthe first elec-
ton it is provided that no elector shall
vote for more than three of the five Judges
of this Court. This method of election
was applied in New York in the choice OF
the Court of Appeals, and is conceded to
have worked well. Each of the great po-
litical parties is certain to elect portion
of the Judges, and will therefore be re-
sponsible for their character, integrity and
ability. 1t is supposed that better class
of nominations will thus be secured, the
Court divested of any appearance of po.
litical bias, and its decisions command a
more general and hearty confidence.
The schedule submits to a separate vote
of the people, under the title " PROPOSE.
tion number one-Minority representa-.
tion," an additional section, by which, il
adopted, this method Of election by the
restricted vote will be made Permanently
applicable to all elections of Judges of the
Supreme and Circuit courts for a full
term = so that each elector can thereafter
vote for but three of the FIVE Judges oi
the Supreme Court, and two of the three
Judges of Circuit Court. If this section
be adopted, the majority party III any cir.
cult will generally elect two, and the mi.
nority party one, of the Judges for that
circuit; while the majority party in the
State will generally elect three, and the
minority party two, of the Judges of the
Supreme Court-so that the bench o.
each of these Courts will thereafter be
composed of lawyers selected rom both
the great parties.
Vacancies on the bench Of the Supreme
or Circuit Court will be filled by appoint
ment until the next biennial election
when, if this proposed method of electine
Judges be adopted by the people, such va
cancies will be filled for the unerpired term,
otherwise, for the full term. b.
Until the General Assembly shall other
wise provide, the salary of the Supreme
Judges is temporarily fixed at five thou
sand dollars. In learning and genera
ability, these Judges ought to occupy the
first rank. 1t can hardly be expected
however, that men of this character viii
sacrifice the remunerative practice O
their profession for a position on the Su
preme Bench at salary which scarcely
pays their expenses. They must remain
at the Capital nearly the entire year
where the cost of living has largely ad
vanced. Their families must be supported
and educated. When they shall hav,
ceased to serve the State they ought no
TO be thrown penniless upon the world, tt
begin professional life anew, and depend
upon regaining the business they sacrificed
to serve it. While in Office they are for
bidden to engage in any other employ
ment; they ought, therefore. to be reason
ably rewarded, so that something shall re
main to them when age and infrmity
shall come upon them. But the who'll
matter is within the power of the Genera
Assembly, which may, at its first session
reduce the salary if it see proper.
The business Of the Supreme Court il
at least four years in arrear. 1t would b.
unwise to overwhelm the new Court BY
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