Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1874-01-21
AN IMPORTANT DECISION.
In the Court of Quarter Sessions Of
Ciearfeld County--ln the Matter
Of Jurisdiction ofthe Associate
Judges.


The Associate Judges of.this county
being desirous to conform to the pro
t visions of the new Constitution, uno
having heard doubts expressed AS tc
whether under it they have .iursdic.
ton as Judges OF the Oyer and Termin.
er and Orphans Courts, have requested
my opinion upon the subject. The
question thus informally presented, re.
lating as it does to the organization 0l
the Court, and consequently to the
legality OF its proceedings, is of the
first Importance. In view Of this fact
and of the necessity for an early de-
cison, | have given to the subject such
consideration as time would allow, and
now state my conclusion, and briefly
some of the reasons which have led
TO it.
Under the Constitution of 1898, and
the amendment OF 1850, Associate
Judges of the Common Pleas were, by
virtue OF their Office, Judges Of the
Courts above mentioned. They were
elected by tho people, and commits
stoned by the Governor for five years.
The commission did not designate the
Courts of which an associate was
Judge. 1t recited the fact of the elcc-
ton, and commissioned him to be an
"Associate Judge Of the county--io
have and to hold the said office, to
ge,her with all the rights, powers and
emoluments thereto belonging, or in
anywise apperlaining." Anotfioc con
sisls in right and correspondent duty
to execute u public trust. and to take
the emoumcnts belonging to it,
g Kent's Com, $50, 7 BIC. Abr. 279)
In Commonwealth Us Gamble, IL +. f.
Smith, 3lS, Thompson, G. j., declares
that the powers and jurisdiction con.
lained IN commission Authorized by
the Constitution, constitutes the Office;
that they arc the essence OF 1t, aud are
TO re exercised during the whole term
therein mentioned. The principle To
be deduced from these authorities is,
hat when Judge was commissioned,
under The old Constitution, he became
ipso facto Judge Of all the Courts
named. His powers and jurisdiction
in each and all OF them, constituted
the office 10 which he was authorized
TO serve.
The Office Of Associate Judge is not
abolished by The Constitution of 1874,
except in counties which form separate
judicia! districts, and in these il is cx-
pressly provided that the Judges shall
serre tor their unexpired terms By
abolishing the office specially in the
separate districts, ii is clearly implied
that it should continue as TO districts
composed Of more than one county
But we are not lett To nscertaining the
intention by constfuction in this in
stance, for in the sixteenth section of
the schedule Tia provided that "Asso-
ciaic Judges not learned in the law.
elected after tie adoption OF this Con-
slitulion, shall be commissioned to
hold their offices Tor the term of FIVE
years from the first day Of January
next, after their election.
In Commonwealth rs. Clark, z
w. & s., 1873, Chief Justice Gibson de.
49, 'O".ua'o ~ " oe
Nv" pois'. r'v' ~, s"u p''pat'"'
- '""e","Ny W P". ~ oo"si''u'
,"' ~ ',o''o" "''"ou. "'so'u'' VI COT
''r'on: i's use mercy 10 7n''t tne
''",,,'no sl"uu"''Y '"'n a"'."cr 'r"'N'
"hu naV'hB uo"o 'ts oince' u was 10 DC
S.oreu away ~ 'ne 'u"'oer roo" "' ,he
uoVcrh'heh'' anu tn'7 's u"uount
cay 'he gehefa' rue ont cannot be
aspplcao'e 10 section IN a scheuule
liko.na. o' ."e s'N,eeo'n' wn'cn makes
a perpetual provision III regard TO a
JUDICIAL once,
W nat We nave 10 20 win now, now
ever, re'a'es 10 lno powers OF JUICES
"a os'ce on the hrs' uay OF January,
io't, "nen we pew O'nr''tu,lon went
ihio operation by consulting the
seheuuie again, we nnu Una. no sud
den una V'oient aci,on' no disorder or
co'liS'on was ,h'ehoeo' Inc twenty
s'S'n sec.'on declares 'hat "ali persons
W once W 'n,s Oon''nohweailh at the|
t,me oi ,he aaopt'on OF ihls Ionsu'u-
',on, ana at the nrst eiectlon unoer u,
sha's a9"i We'r reSpfcttoe oWces unl'l
lhe t'me ior wn'cn tney were elected
or or app"'n,eu sna'l EXPIRE /, ana nn','
a',e.r ru.,essois snal' ~ uu'y ?ua',neu'
u".ess .'., o'"e' ~'se p'oN''eu " ."'s,oh-
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'o'' wv, ~, ,' ''s,.'o'e, wy aIo no, eS-
oep,'u ,,'1 ~" '"o gv"e'"' saV'"s e'nuSc
H. s'o ,to,u ,tD,,,. oc Nv NV - % sgpposeu 'nn'
Wv "usno''', y, ,"V uN,oV'a'es Is on
~, "'.y IN ao'"HI'eu ,a ~ evea'o' n'"'n' aru'
.'o . u'.", ~ " ."v .uns'''u''on' .ps luton US oy
c" ."a' p'or,u.u, cs s"n, "a, ''uoges o. INC
o"'s ~ vi, Ioa''nv,' ,'I i''aS' ieh'neu 'h 'ne
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DpN' ""H fN'"'"N', XuaiNcl pcseiuns