The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1877-04-13

be imposed upon . single Judge, a. have
reason upon hurried investigation to believe
n has, apprehend that relief might have very
properly been afforded by detsching the coun-
ties Of Alpena, Altoona Iosco, and Presquo Isle
from the Eighteenth Circuit aud attaching
Circuit would then have contained . population
of less than $4,000, and i apprehend not
greater amount OF business than could be we'll
performed by one judge, So likewise II has
seemed TO me that elsewhere in the State
Encouragement might have been made in such
manner as to afford oil the relief desired,
without incr ,asing the number OF circuits or
creating an additional number Of judges.
i am opposed to the further increase of
judicial circuits, because believe the tendency
will be to lower, rather than to elevate, the
character OF the judiciary. This steady multi
plication from year to year Is fast turning our
circuit into a county court system, with Q
judge at every mans door, the effect OF which
must DO to greatly depreciate the standing and
character OF the tribunal in question. The
more circuit judges we have, the stronger will
be tho temptation to itigious persons to origi-
nate suits In such courts, and the result will be
that the business OF the courts will be greatly
increased. In trivial cases, more frequently
than now, appeals will be taken from Justices
OF the peace, and cases come up for rehearing
and trial, involving small amounts. thus occu-
plying the time Of officers, jurors and witnesses
and adding largely to the ordinary expenses OF
these courts. The great number OF petty suits
that come up to the higher courts has already
become a crying evil, and so deeply was the
constitutional commission Of 1873 impressed
with the necessity Of some check in this re-
spect that il provided, by the constitution it
submitted for adoption, that the appellate
| jurisdiction OF the circuit courts should not
extend to any civil case in which the amount or
value OF the thing In controversy was less than
725 exclusive Of costs.
Again, / may safely SAY it is matter Of COM
mon observation that where the judge has
much leisure time upon his hands 1t is apt to
lead to an indulgeRt management OF business
for the accommodation of the bar, and to the
postponement OF cases from day 10 day with
out real necessity thus prolongiHg terms, in
creasing the time for the attendance OF officers
and jurors. without at the same time accom-
plishing any useful purpose, but lending law
yers to be careless in preparation, and to apply
for new and further hearings, which pronp,
method of dlspatching, business would have
rendered wholly useless.
BY this means the apparent business may be
greatly increased, while the real demands oil
justice are no greater, and the laws delay
justly becomes the subject Of public complaint,
because TO large extent unnecessary.
l also object to any further increase or the
circuits, because believe it will be- a hindrance
to the adoption Of any measure that may here
after be proposed for giving to the circuit
judges just and fair compensation for their
services. / am satisfied that a reduction OF
circuits, and more reasonable and better saia,
ries, are essential to maintain the character oil
the court, and preserve and secure to us judges
OF desirable talents aud attainments. l do not
believe this end can ever be reached, and
doubt whether it ought to be. II the number OF
judges are to be multiplied, and the whole
the county court plan the most expensive and
ill-adapted to the wants OF tho people OF any
that has ever been IN operation in the State,
While therefore | thus earnestly deprecatt
the creation OF new circuits, and should no
hesitate under ordinary circumstances to inter
pose all the power OF the Executive Depart
ment to prevent the continuance Of polio,
which regard ~ tending to produce great in
jury to orr judicial system, l am led to be
lleve that there are SPECIAL reasons in this CASE
for such acquiescence on my part as shall leav'
with the Legislature tho full responsibility o
THE act.
l am advised that the judge Of the Eighteenth
Circuit Is overburdened with work, mainl,
, owing to business accumulated in the count
! OF Bay. The territory which constitutes hi
circuit is large, the principal points where tn
courts are held remote from each other, ant
the population rapidly increasing so that tn
operations OF the court are likely to be effect
ually blockaded unless provision is speedii
2 made for it's relief.
am not aware that any bill has been intro
I uuCeu INTO eltDei DTdDcE Oh the LebioldIurt IL
Q detaching territory from this circuit and al
= taching il to others, or for such a general re
adjustment OF the circuits OF the State a
0 seems TO me to be required and at this lat
: period in the session there is no opportunit
f for the introduction Of such bills, or, IN IN
! Judgment, for full understanding or discus
o sion OF a general measure. il one could b
o entertained, without unduy proioDglng tn
n present sitting OF the Legislature.
n It is, therefore, by tins seeming necessit.
l. with the further fact that observe nothing I
It the act that contravenes the letter of the col
Is stltution, the question OF additional circuit
70 being simply one Of policy upon which IL
e Legislature may entertain one opinion and
IL another, that l an led To avoid taking al
IN action now tending to the rejection of Il
Is measure.
1t | make this official explanation OF my cour
If in regard to this bill that 1t may be understoC
VI that do not indorse the general policy OF 81
he measure, and am only reconciled TO 1t becau
lg the necessity for it in this instance seems TO
t. exceptional and extraordinary.
AZ CHARLES NJ. CROSWEL l..