Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1874-01-21

IJuuBVe ill uilcc WHEN t'llS tonStltu
tion is adopted shall serue for their un
expired term" .Scrue in what courts
10 the Common Pleas only, or us here
tofore /?
| Understood according TO its com
mon acceptation, this term serve
means nothing less than no intorrup
tion is intended, but that the power,
and Jurisdictions heretofore exercised
shall continue TO be exercised without
diminution. This is tho meaning
which tho minds OF the people natu
rally ascribc to II. Courts OF Justice
in order to arrive at tho true intent
must ascribe 10 the words used in Il
consttution tho meaning Of words
which IL generally understood as being
their meaning
"Consiilutions." says Judge Story,
care not designed for mctaphy sical OF
logical subtlelies, for niceties Of cx-
preston, for critical propriety, for
elaborate shades of meaning, or for
the exercise Of philosophical acute
ncss, or judicial researches. They
are Instruments of practical nature,
founded on the common business OF
life, adapted 10 common wants, de-
signed for common use aud fitted for
common understandings. The people
make them; the people must. be sup
posed TO read them, with the help of
common sense, and cannot be pre-
sumcd to admit in them any recondite
meaning or any extraordinary lloss."
(.SforyS CONT; See 45l.)
If To serve ont their terms Of Office
vice means, rs have no doubt it does,
that tho Associates in the counties
forming separate districts shall con
tlnue to perform all the functions, and
to exercise the same power aud iuris.
d.ction us heretofore, then the ninth
section cannot 20 into operation
lion in such districts until the Asso-
ciates have served out their term
Thus construed, sections five and nine
harmonic, and the intended force and
effect is given to each.
The necessity for Associate Judges
is much greater in counties whore the
President Judge does not, ihan whore
he does reside. Much OF tho business
in tho Quarter Session and Orphans
Court, such as road and bridge views,
appointments o! township and other
officers, taking bail and the like and 10
the Orphans Contemplating guard.
ans Tor minors approving sureliesinre-
cognizanceS, and many Other matters
require "A local knowledge which non.
resident Judge cannot have Its not
reasonable TO believe that the conven-
ton intended by the ninth section to
take from tho Office OF Associate Judge
the power most needed aud useful, all
and yet 10 continue the Office or TO
conclude that there existed an inten-
ton TO abridge the power and author
iiy OF those IN districts composed Of
several counties, where they are most
needed, TO an extent TO render the Of
fee Of little practical value, and al
the same time to allow them in the
separate districts where their services
are really not much needed, to contin.
ne TO serve fortle time being in all the
Courts, and to the full extent Of their
previous power
IN considering the several sections
referred to, together with the schcd-
ule, | have no difficulty in arriving at
the conclusion that, for the time be-
ing.the office of Associate Judge is not,
aud was not intended to be effected by
the constitution Its continuation as an
Office, which as we have seen. consists
OF the powers and jurisdiction grant.
cd, was provided for by the twenty.
sixth section of the schedule, embrac-
ing all the right aud power incidout
under the old constitution, at least un-
I'll he present terms expire.
Whether after that time the judges
learned in the law, are TO be the sole
judges OF these courts. is not now
question before US; befure it can arise
there will be ample time TO give to it
full consideration
What is now decided is this, aud
this only, that the Associate Judges
of Cleartield county, now in commits
sion, have not only the right, but
there rests upon them corresponding
duty to net as Judges in the several
Courts of the county and to perform
all the functions of their office as here
toiorc, WILLIAM ELWELL,
President Judge Special Court
January 13, 1874.