Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-06-20

10 4O,VVU.
An examination of the convention de-
bate will show that it was intended by
that body that counties falling below the
mipimum Of population required for separ.
ate districts, were " to be united together, ~
(6 Con. Deb. 483- -493). And the history
Of amendments proposed in convention by
Mr.. Craig, of Lawrence, and Mr.. Mann, Of
Potter, and which led up to the Purviance
amendment, ultimately adopted, is in the
tent and pupOse. a Con. Deb. 15l-D.
It may be said that by the judicial ap.
portionment act of 1874. several counties
which were under 40, 600, according to the
census of 1870, were made separate county
districts, namely Adams, Beaver, Della
ware, Indiana and Susquehanna. But that
app0rtiOument was not made under the
fourteenth section Of the schedule to the
constitution al the present and all future
ones will be. 1t was made under the thir-
teenth section of the schedule and could
be based upon the estimated population of
counties in 1874. The Legislature was not
to be controlled by four-year-old census.
but by existing numbers, of which the
Legislature itself was to Judge. The
present appOrtiOnment, however, must be
made upon the actual figures ascertained
by the decennial census of 1880. The
counties Of Beaver, Greene, jefferson,
Lawrence aud Lebanon, according to that
census, each contain q population of less
than 40, 600 Inhabitants. By this bill each
of these counties is made separate judi
cial district. If the foregoing reasoning
is correct, these districts are illegally con-
stituted and if the bill shall take effect,
will be organized in violation of the con-
stitutiOn.
These considerations, if significant at all
are conclusive and fatal to the bill. There
are, however, some other features of the
bill not unworthy Of attention and which
would compel its disapprOval. BY the
terms of the bill the additional law judge
of the Twelfth district is conferred to the
county Of Lebanon. Very grave legal
difficulties surround that proposition. The
right by which judge exercises his Office,
should, of all rights, be FREQ from doubt.
The endeavOr to make this transfer may
result in an unseemly and serious conflict
of authority and endanger the orderly ad-
ministratiOn Of the law by the introduction
of confusion and illegality at its very
source.
The bill creates an additional law Judge
in each of the counties of Erie and Craw-
ford. This is question Of expediency,
based solely upon consideration of what
" the business of said districts may re-
quire." In these districts themselves
there is substantial unanimity of senti-
ment that the increase is not needed. As
independent propositions it is believed
they would neither be demanded by the
people in the district nor receive legislative
sanction.
An objection has been urged upon my
attention that the counties of Adams and
Fulton as united in the bill do not "fOrm
convenient single district - within
reasonable Interpretation of the cOnstitu-
tion. Although the constitution does not
require that counties joined in single
district shall be contiguous it does
assume that they shall bear " convenient
relation to each other.
A written plan has been submitted to
me from q source likely to inspire the
highest confidence in its practical value
and wisdom, touching the organization of
our courts, to utilize the services of CON-
mon pleas judges, and relieve the supreme
court. 1t is appended hereto and filed
that it may find such publicity and secure
such consideration by the people and the
Legislature rs its importance is entitled to
HENRY NJ. Hort.
Plan of Judicial Organization.
Every five (5 contiguous districts may
be formed into an intermediate One-call
it, if you please, a circuit, the five presi-
dent judges to form the court. No writ of
error or appeal to lie to the supreme court
from any county court unless first carried
to the intermediate court and final judS-
mont there entered. 1t could be SO ar
ranged that these intermediate courts
should sit twice year at such place as
they may from time to time elect. The |
of the court of common pleas |
Of the county where the court may sit to |
be tho clerk of the court. Some special |
provisions may be made for Philadelphia |
and Allegheny. In Philadelphia the four |
president judges might form the court,
and in Allegheny the three president
judges.
The advantages Of this system seem to
be;
First. TO reduce the number Of writs of |
error and appeals to the supreme court,
and thus allow the judges more time to |
and decide really important ques-
lions. In 1880 there were more than |
eight hundred cases argued in the supreme |
court and about two hundred nOn-suits.
Second. It would tend to secure uni |
formity of practice in the several districts.
Third. 1t would give more constant en-
plOymeut, which will the better qualify
Them for their office.
Fourth. There would be no additional |
expense to the state.
LATEST NEWS By MAIL.
Ralph P. Westervelt, merchant of |