The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1877-09-29
THE COURTS.
The Supreme Court.

The most interesting business in this coul
during the past week was the appointment of Tn
judges for the new appellate courts of this state
In making the appointments, Scholfeld, j
delivered the opinion Of the court as follows: ''B
the fifth section Of the act to establish appellat
courts, in force July l, 1877, the duty is enjoine
on the court to assign twelve Of the judges of tn
circuit courts of the state to duty in the appelat
courts. This duty has been felt to be one of con
siderable delicacy and Importance, and Its pei
Torrance has been delayed until the present mo
ment in order that we might have full time 70
the interchange of views between the member
of the court, and deliberate reflection The re
sui. finally reached has not had the unanimou
approval of the members of the court, but it i
he expression only of a majority 1t has beef
determined, first, to make the assignments to ap
pellate duty from the judges elected in June
1873, exclusively; and secondly, in view of tn
loverburdened condition of the dockets of tn
county of Cook, it has been believed that no tim
could be spared by the judges of those courts t,
appellate duties, and that the public servic,
would not be subserved by imposing such addi
tional business on them.
THE ASSIGNMENTS
will, therefore, be as follows
'To the First Dstrict-Judge William W. Hea
ton, Judge Theodore d. Murphy, Judge Georg,
w. Peasants.
ITO the Second District-Judge Edwin S. lie
land, Judge Nathaniel j. Pillsbury, Judge Jos
leph Sibley.
"To the Third DIstrict-Judge Oliver L. Davis
Judge Chauncey L. Higbee, Judge Lyman Lacy
ITO the Fourth Distrct-Judge James c. Al
len, Judge David j. Baker, Judge Tazcwell B
Tanner"
Dickey, j., said: 81 do not concur with m.
brethren as to the wisdom or importance of con
fning our choice of judges for the appellat,
courts to those judges elected in 1873, nor as t.
the necessity Of excluding from the selection.
the judges of the circuit court Of Cook county
From the great extent and the very varied char
acter of the business usually transacted in tn,
city of Chicago, many important questions of law
arise in the courts of that appellate district which
are rarely presented elsewhere in the state.
regard it, therefore, of paramount importanc,
that at least one of the judges to be assigned t,
the appellate court of Cook county should have be
come familiar with the class of questiOns by expe
rience in connection with the courts of that coun
ty. This cannot be accomplished under the plal
adopted by the majority Of court. In my judg
ment the duties of that appellate court need no
occupy more than half Of the time of its Judges
and the circuit court duties in Cook county, whicl
would be withdrawn by the assignment of one o
its Judges to appellate duty, could be readily sup
piled by calling upon the general circuit Judge
from other parts of the state to contribute eacl
part of his services in holding the circuit cour
in Cook county. Aside from this lack Of eXper
fence in connection with the business of tn
courts of that county, / recognize in each Of Thu
judges assigned to that court eminent fitness TO
the position. It's, in my Judgment, an abl
court"