The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1880-03-06
A CHANGE IN THE JUDICIARY
SYSTEM.


Froa, The NJ. Micka,Fs Comet
IL the Legislature 60 adjourn without making a
change In the present Judiciary systcn We hope
no; but fear 60. Yet il 10 n measure of great i'm
por;ance and Of much more interest 10 the people
We think than the various local bills that re-
cciving attention. Early in the winter IL was said
that one proposition wa 80 TO amend the consti
tuition. a. TO constitute Court Of Appeals Of i've
judges who should sii only in the appellate court
and subdiyiie the State into circuits or districts
Of two counties each with n single judge. Anoth-
or proposition similar 10 the above 30 far as
the Court Of Appeals is concerned. but instead Of
circuit courts. there was 10 10 in each county a
court. with a single judge. who was also TO sit
Chief Judge Of the Orphans Court. The juris-
diciion of the county ccurt 70 he the same that
of the present circuit courts. We think VIC ex
pres. the common sentiment o: those who have
considered Of the matter when Nc say that either
Of the proposed amendmenis Is preferable 10 the
present system.
That the appellate court ought 10 be entirely
independent u, and distinct and separate from
the court whence the appeals are taken is such n
reasonable proposition as 10 need no argument to
sustain IL. A judge ought not 20 be competent TO
decide n case that can be carried by appeal from
his Judgment 20 another court Of which he IL =
member. even though he do not sit during the
trial Of the appeal. Eight judges constitute the
present Court of Appeals. but by reason Of fire.
quest absences Of the associate judges in attend
ancc upon their circuits IL rarely happens that all
are present. A court gains nothing in weight or
dignity by numbers alone, and i've judges to sit
in the Appellate Court only. will be able TO do the
work Of the present Court of Appeals. whose
members from time 10 time required TO visit
the circuits.
Strictly speaking there ought to be resident in
each county judge, In order that IL may not be
necessary TO have to travel long disianees in or
der 10 make applications 20 him between terms, II
he happens 20 reside in another county. resi-
dent judge could hear n great many eases-all
| chaneery causes for instancc-between terms.
Other cases not requiring jury could be tried At
the cintermediatete terms though Why they shouldn'.
be now. We cannot see. aud in great many other
ways the jury terms could be much shortened and
the expenses Of courts greatly lessened.
We have never seen the advantage Of three
judges upon the bench. but on the contrary there
are many serious Disadvantages. While two or
three must necessarily consume time In eonsulta-
tion and delibsrAton. one relying upon his own
judgment only would make q more prompt dscis-
ion and consequently in nine cases out Of ten .
more satisfactory one TO the sutors. II IL re-
quires only one judge 20 do all Of the work Of one
of the Baltimore city courts, why is u necessary
TO have three 10 do. In many cases, not as much
work. In the circuits!
The difficulty with the present system lies 10
the concentration Of all the work Of six months
| into the compass Of q few days. Asa consequence
all classes Of causes are heard indiseriminatsly.
one after the other. From the trial Of n murder
| case yor may turn to an action Of eiectment and
then 10 an argument in n chancery suit. Under
such circumstances Il is impossible TOT an attorney
TO do justice to himself or his client.
| The work of the courts should be distributed
thToaE Chou; the year. The eos, would not be asy
greater IL as great Il is under the present sys
ten. And We hope our representatives in Annap.
oils will favor any legislation looking 20 change
FOR the better in respect TO our courts.