Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-05-26
THE CA BY CONSTRUCTION
OUGHC 1T TO BE CHANGED p
LET THE AMENDMENTS BE
RATIFIED.

RATIFIED.
The fourth article of the Constitu-
ton relates to our judicial system. and
it is as trne of the amendments proposed
10 this article as it is true o. others,
that they seek the restoration OF pow
er to the Legislature and through the
Legislature to the people and an eco
nomical expenditure of their money.
The first of these amendments is a
very important one, in that it gives to
the Legislature the power to establish
such s.other courts inferior to the Su-
preme Court" as the exigency OF the
times and the necessities of the people
may demand. 1t will be seen at a
glance how important this amendment
is. It will give relief to cities
like Wilmington and Raleigh and
Newberne and Charlotte, places where,
though greatly needed, relief cannot
be had under the present constitution.
If we had city court IN Wilmington.
under a competent, fearless Judge,
always within reach, the condition OF
things in this city would be far differ
ent. Peace and good order would
then prevail, because of the terrors OF
the law. The amendments give to
the Legislature the power to create
such special court, and the power to
elect the Judge and the clerk-a power
that would doubtless be exercised
whenever the occasion demanded.
What vast expense would be saved
here and elsewhere if criminals could
be brought speedily to justice
But the power to create special
criminal courts for cities is not all
that the amendments to this article
empower the L. gislatnre to do, The
authority to establish courts inferior
to the Supreme Court, with such ju-
ris iiction as it may see proper to
confer, gives the entire control of the
judicial system into the hands
of the Legislature and there it ought
to belong if we would have the Legis-
lature free to respond promptly to the
demands Of the people. Suppose the
amendments be ratified and the people
desire to see their old county courts
restored to them, it CAN easily be done
in ten days after the Legislature
meets. Do the people like their pres
ent judicial system. or dc they like
some other better? if the latter let
them by all means vote for the ratif,
cation of the amendments. Do they
remember with pleasure the good old
times when the county courts, the
peoples courts, used to meet for the
dispatch of business and would they
have those days return, let them vote
to ratify the amendments. If the
amendments be ratified the people
will once more have absolute power il
their own hands. Tie cast iron Candy
Constitution binds the people down alb
solutely to the present judicial system
The amendments will make them free
to shape their judicial system as the.
may desire.
| The next change reduces the numbe
of Supreme Court Judges from five tx
three, thereby saving five Thousand
dollars a year, and reduces the humble
of Superior Court Judges from twelv'
to nine, thereby saving seven Thousand
five hundred dollars year more. [
the money worth saving? Are twelv
thousand five hundred dollars a yea
worth saving to the tax ridden peopl
of North Carolina? Let the peopl
answer this question at the ballot bo
in November! Before 1868 we had onl
three Supreme Court Judges and sevel
Superior Court Judges, ten in all, an,
they did their work well and promptly
and if we put good men on the bench
twelve certainly Can do now what tel
did then. Let us save the money an
let us have good Judges too.
Another important change is tina
which requires each Superior Cour
Judge to ride all the circuits in regu
lar rotation instead of requiring hin
as at present, to confne himself to tn
circuit in which he lives. The incon
veniences arising from the presen
system are very great. The judg
goes from the bar in full practice t.
the bench, for the days have gone b.
when mere striplings and unfedge,
attorneys could be elected judges il
North Carolina. The result is that al
the cases in which they have hithert
appeared have to be continued unit
some other judge can be had. Their
is another reason why the Judge
should rotate. It prevents them from
trying the causes of their friends ant
neighbors. Judges living all tn
while in the same district canno
fail to get some bias in many
very many cases, that come befor'
them from impressions created outsid,
of the court house. 1t is our duty te
take every precaution to keep tb'
mind of judge free from prejudic'
and partiality and from tie danger of i
as far as it is possible TODD. In addition
to this it is the only way to give any
relief to those districts where under
radical rule incompetent white OF
negro judges may be elected.
The amendments further provide
that in case of a vacancy in the Office
of Judge it shall be filled by the ap-
pointment of the Governor only unit
the people can have an opportunity tc
make an election. Under the con
struction put upon the Candy Con
stitution by the Radical Supreme
Court, the Governor can fill the va
cancy for th Whole of the unexpired
term. Indeed, Judge Cloud still
holds Office by virtue of an appoint.
ment made by Governor Holden in
1868. Hereafter, however if The
| amendments be ratified no Gov.
| arnOr'S Iu6oo non bo15 oAe.. 1.-