Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-06-20
VETOED.
THE JUDICIARY BILL.
Gov. Hoyt lklps to

Governer Hoyt has vetoed the judicial
apportionment bill and filed the following
message setting forth his reasons for his
action
EXECUTIVE CHAMBER, HARRISBURG,
June 18, 1881: herewith file in the Office
of the secretary of the commonwealth.
with my objections, Senate bill No: 212,
entitled, " An act designating the judicial
districts of the commonwealth and provid-
ing for the appointment and election OF
judges therein, for issuing to additional
judges learned in the law, commissions as
president judges and manner of fixing the
term of court therein"
This bill has been passed in pursuance
of section fourteen Of the schedule OF the
constitution. Only such objections as ara
founded upon its want of conformity to
the organic law or its violation Of settled
public policy should be allowed to prevail
against it Under statutes existing at the
opening of the present session there were
in commission in the state seventy-soven
judges of the courts of common pleas and
orphans courts learned in the law. With
this act the number would be increased to
eighty-six. Since the year 1874 the coun-
ties of Blair, Butler, Cambria, Clarion,
'Clearfield, Mexican and TiOga have be-
come by virtue of their increase of popula-
ton " separate judicial districts, and the
Office of associate judge therein would
cease upon expiration Of commissions of
present incumbents. Owing, however, to
the peculiar arrangement of these cOun-
ties in their districts in the existing appOr-
tionment the necessary increase Of
judges from this cause would be but
Tn khn nmunnl k1,sc in
crease would be required by the positive
there is, of course, neither legislative nor
executive control. If any large discretion
was left, under the constitution, to the
several judicial districts it might be said
that this bill is as nearly right as any
likely to be made.
this question, and if errors have been
the fundamental law or sound policy no
moro favorable opportunity for revision
and correction than the present will occur.
the incxpediency Of tho great increase of
judges in the courts of common pleas,
hindering their efficiency and affecting
the dignity of the judicial Office and by
imposing duties and labors upon them in
many of tho districts, far within reason
able requirements upon their time and
ability, tending the lower the public esti-
mate of their functions. The number of
law judges in Pennsylvania exceeds the
number of the judges in all the courts of
the United States, and the salaries paid
the supreme judges, the circuit judges
and the district judges Of the United
States by moro than 500, 600 an
nually. If any tendency to impolitic and
incOnvenient results exists in the judiciary
article of the constitution, We can,
at least, minimize the mischief by a rigid
adherence to the d.finition and limitations
of the article. The rules of appOrtiOn
ment which are prescribed are found in ar
ticle five section five of the constitution,
as follows "Whenevera a county shall con-
tain 40, 600 inhabitants, it shall constitute
q separate judicial district, and shall elect
one judge learned in the law; aud the
General Assembly shall provide for addi
tiOnal judges as the business of the said
district may require. Counties containing
population less than is sufficient to con-
stitute separate districts, shall be formed
into convenient single districts, or if nee
essary, may be attached to contiguous dis
tricts, as the General Assembly may pro.
vide. The Office of associate Judge not
learned in tho law is abolished in counties
forming separate districts but the sever
al associate judges in Office when this con-
stitution shall be adopted, shall serve for
their unexpired terms"
The analysis of this section by Chief
Justice Agnew, in Commonwealth er. rel.
Chase, us. Harding, 6 Norris Reports, 361,
to the extent to which it goes, may by ac-
cepted as strictly accurate. He says
"Under this section, the organization of
separate districts consisting of a single
county, and that of single districts COM
posed of seceral counties, is different, the
former having but one judge who holds
all the courts alone and additional laso
judges, when necessary for the dispatch
of business; the latter having three
judges, one of whom, 9thc president, is
learned and the other two not learned in
the law tho president being a judge of
every county of his district and the assO-
ciates of only one county," According to
this judicial exposition the first division of
the section constitutes counties containing
40. 900 or upwards of population (except
Philadelphia and Allegheny, which arc
treated of into a distinct class,
and very clearly distinguishes them from
those of less population. Each ono of
them is to be sepGrate district ''-that
is, a separate county district, with one law
Judge to preside in its courts, and with
one or more such judges in addition if
the same shall be added by the !
Legislature for tho necessary trans.
actions Of its judicial business. And
with equal certainty according to |
this opinion, the second division Of the |
section commands that counties below |
40, 600 in population shall be united to-
gether to form convenient single dis |
tricts, " or districts scith one law judge to |
each. The explanation is properly added |
that the law judge Of single district will |
sit with two unlearned associates in each |
county of his district, because such asso-
ciates are allowed to all counties of the |
second class, or counties below 1000. by
the third division of the section. When to |
these particulars We add that where ne
,essity shall require, in order to complete |
The apportionment, county of the second |
,lass may be attached" to a contiguous |
separate county district a Const. Deb,
,52-6, ib. 503), and a general view of the |
section in all its principal divisions is made |
complete.
The present bill designates each county
If the state over 40, 600 in population as a |
separate county district, and SO far, be-
7ond all question, conforms to the consti-
;ution, and its addition of law judges in
;ome of tn csc districts is also an exercise
If valid power. So also its attachment of |
Potter county to the Tioga district, is
authorized by tho second division Of the
section. But its creation of
eparate county districts from counties of