The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1879-12-26

b''A "NhihioAott'H W tut taNst bV
we want economy in the conduct Of
the State grernment9 Let us make
a suggestion with reference to both
questions. The suggestion bears spec
tally on our present court system. IL
was asceriained few years since that
Circuit Judges were incapable, on 40
count Of lack Of time, Of transacting
even one half Of the business Of which
their courts had jurisdiction. This re-
suited chiefly from the increase Of
Commonwealth prosecutions. which
have precedence Of civil cases. The
prosecutions operated as a dam, block
ing up more important interests. and
thereby increasing private indebted
ness and costs Of litigants to an alarm
ing extent. To afford relief the Leg
stature established, in such portions
Of the State rs we're most sorely dis
tressed, Common Pleas Courts, hav.
ing jurisdiction at law and equity.
The scheme cannot be said to have
been an unwise one. In fact, il was a
move in the right direction. But we
incline to the opinion, and are confirm.
ed in it by talk with the legal profes-
sion, that something better could have
been lone, and may yet be done by
the present Legislature elect. Tuo
methods have been suggested. Firs.
an increase of the number Of judi.
cial districts and consequent re-dis.
tricting Of the state. Second-the
establishment Of criminal court in
each existing judicial district. Either
method presuppOses the abolition Of
all the Common Pleas Courts. The
most serious objection to the first
method is constitutional one, or, as
we put il, an objection growing out of
conflicting constructions Of the "a
Sec, Art. w, Con. Ky: The Gen.
eral Assembly, If they deem it neces-
ssry, may establish one additional dis
tlct erey four years, but the judicial
districts shall not exceed sixteea,
until the population of this Safe shall
exceed one million five huudrsd thou.
sand" The last session. bat one, of
the Legislature made tAa 18th Judi
cial District, and she construction of
this clause, as coptended for by some,
would forbid the next session to 60
to any further extent in recognizing
the Districts, than simply to create
oneadditional dlsirict--a thing, which,
when done, would practically give no
relief at all, as it is confessed that the
State needs as many US twenty.fout
districts. But to view the question
in the light Of practical results.. we
canaot see that any disadvantage
would ensne by the establishment Of I,
twenty tour districts. II it.should be
done who could complain, or ii COM !
plant be made, what. would it amount
tos Which one of the twenty-four j
judges woAld decide that his was not :,
the legally established district. I
The secopd meets with more gener- :
d favor. 1t is conceded to be the =,
wiser course to completely separate :,
the criminal from the civil business.
Many reasons can be assigned why !.
this is so. Ii rarely occurs, though l
possible, that a judge can be found =
who possesses the excellence and quail !,
iiications he should have as II chan =
oery lawyer, who likewise possesses r
proper fitness Us criminal Judge and :
vice versa. The administration of JUS A
tce under the civil law, as cOntradis-
from the criminal, is so D
utterly different from that unde T the '
law, that fitness in one branch !
in no wise argues fitness in The other .
Farmers can understand this by con- )
the difficulty of finding a :
No. | combined horse. Ii is no an q
swer to say, let the Judge study both Q
branches of the profession and quaS 0
fy himself as well for the one as the =
other. The judge does study. But U
human nature is human nature. We Y
nave to consider the attitudes Of men, o.
md remember the moral Of one Of o.
H.sOp's fables. that the Gods do not be- U
stow all the good on one. There is as r
puch difference between the charac- II
isrs and practices of chancery and u
,riminal law as there is between black "
Imiihing and portrait painting. So =
he conclusion is, TO LET the Circuit .
Courts retain their Jurisdiction of civil I'
,ases, because these are the most i'm. G
'Ortant to the people. and because the =
Circuit Court is the constitutional
'ourt originally designed for this bus
ness, and establish the criminal d
iOurts. The judges Of the latter would h
AVE nothing elseto do but to give L
Undivided attention 10 Commonwealth h
and then instead of the de- rt
avs 50 frequent under our present ft
'ystem, resulting in thousands upon G
thousands Of dollars, which the State Il
md counties pay in the way of wit. g
hess claims and jailors fees. we will h
nave the criminal prosecutions con. Ia
lucted in an economical way, and the C
= 80 e