Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1875-02-17
This amendment leaves the wboI

, eub;act In tha hands of the log;sloturs
/ 10 he disnosed of as the cbanging ci,
cums,ances of the Commonwealth sbol
, render expedjent and lust.
, The provision prohibiting dimipu
tion Of salary during n iudce's continu
anco in office il borrowed from th
farmer constitution. II has alway
been RECOGNIZED as necessary TO pre
serve the indepcndence of the Judiciary
Tho Judiciary has been estecmed IN,
weakest denartmcnt If tbe Govern
ment II has neither patronage MOI
politicol influence. and il often the oh
iect of attack in times of bigb excite
ment The mower of another denort
ment the legislature over The salarie,
of those who fill the offices of Judges /,
AT variance with the great America,
theory of the division of Government
into three indepcndcnt branches, tn,
law making tbclaw docidinc and IN,
law executing departments; and on,
which can be exercised with tremen
dous effect in controlling iudicial de
cisions. While in ordinary times nc
danger is to be apprehended, vet il
times of high partisan excitement tn,
exercise of the power is easily possible
and might be attempted
Article V. section 81. Strike out th,
words Gas herein proyided" at the end
ofthe sec. and substitute the following
0Of prothonotaries of the Supreme
Courts, criers, tipstaves, auditors, com
missioners to take testimony, oxamin
ers masters in chancery, and sucl
other officers necessary in the admin
istration of iustice in the said court A,
shall be provided by law
uTbe prothonotaries of the Supreme
Court shall hold their offices for a term
of three wears. iftbey shall so long be.
have themselves we'll and until thei,
successors shall be appointed and quail
fed but NAV be removed by the said
court for misbehavior in office or upon
conviction of any infamous or disgrace.
ful offense."
The section will then read
aNo duties shall be imposed bv law
upon the Supreme Court or anv of tbe
indges thereof except sucb as arc in.
dioial nor shall any of the iudces there.
of exercise any mower of apnointment
evcent tofnrotbopo,ories AZ nj, H. Srnreme
Con,t crers ,;nstavcs ond;,ors com
missioncrS 70 tpLe ,es,;monv oyom;n
ors nas,a,.s IN I ohanoor,. anJ snoh n,h
or oa;oors naooss",.,, m +, H. ~ od,a;,,;s,sn @
tion of instice IN ,be so;d court os sLail
ho nroy;dod br M iau Tho ,ra,hono m n'
% 49, os ,Sa s,,,,.a,'c ~ ."m oonn, n | ai, pn,G
,sa;,. at Wv s" s,nS % 'oc' ,,nno s ,,s mo,u
;etha,, LII, M w. hnt se'n " III S",s
aii "a 1 n,;I ~ ounaso .neiaSr'po ii, t
a1;aa 49,. - ",'.. i 'e n,ia"I 9no'so' ~. s'a' ~
aplo,l''I' any dua',nou uus in"y w
linz oo,9i y e,n sno s",u oour' a,i -, 'i'Soo ~
Ia, 'Ci III ou'oo vi upon oo,',io.,on y. VI
ny 'a ni",''oao ot u''siaoeiul o''o,'sY' ;,
hod ho Iou.i I ~, y, s,. m'S'a.uS = heieDy agol'
no ,;nn "hu h 1;J ,,o GJul' ~ o'is,na, "liau'o, ~
,n'o aom ~ aes,ueu G,el ~ "ny guy ~. y,
ahoiI % h. ba ' IIs "a '''e 'ul're'"e 'our'
'"aa Por,o ~ Jos"'"'"'''
Tba nn,.ds .Lo soo,;o,, 0,,.o..,. =.
hona;n "~u ',ua.,;anas ~. ",,;Jes - .I 'p. - %
,;on 81 H. ~, =. he. We ~ nna..
,yords @ I ,ho on onno;,',."o ~ 'es ~ . I'D
by the court II ,xns NO, done how
ever nrohablv from mere overs;,,bt
but he express denial of ann yo,rsy oi
appointment as the section stands
raises n scrious ouestion as 70 tho now
or of the court to appoint even those
officers necessary for the administra.
ton of Justice The nurnose of the
amendment is to do what the conyen.
tion doubtless intended 10 do The
power of the appointment of the pro
thonotarics Of the court was possessed
under the Constitution of 1888 and
evidently was not intended TO be taken
away.
Indeed the control of these officers
is too important, the State Treasury
having already been benefited by il in
the settlement OF their accounts.
Article VIII, section 18th. Strike
out the words "members of the general
assembly" in the first clause and insert
after the word "thereto," at the end of
the second clause. the following:
"At the trial of contested election
of Senator or Representative before
committee of either House Judge
of the Supreme Court shall preside,
and shall decide questions regarding
the admissibility OF evidence. and shall
at the request Of the committee pro.
nounce his opinion upon the questions
of law involved in The trial.
The whole section will then read as
follows.
The trial and determination of con.
tested elections of electors cf President
and Vice President and of all public
officers. whether State. judicial mimi.
cipal or local. shall be by the courts of
law or by one or more of the law iudges
thereof; the general assembly shall bv
general law DESIGNATE the conrts and
Judges by whom The several classes Of
election contests shall be tried and
regulate the manner of trial and nil
matters incident thereto. At the trial
of a contested election of n Senator
or Representative before A committee
of either House. A Judge of the supreme
court shall preside and shall decide nil
questions regarding tho admissibilitv
of evidence and sholl nj tho reouest Of
the committee pronounce his nninion
upon the questions of law involved in
the trial but no such law assigning
Jurisdiction of regulating It's exercises
shall apply to any contest arising out
Of an election held before It's passage.
Remarks:
The words members of tho general
assembly in the section, are in direct
conflict with the last clause ofthc ninth
section of the second article, which de-
ola. Il. Il -