Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1881-06-30

tunity for revision and correction than
the present will occur. There as now
universal recognition of the inexped.
iency OF the great increase of Judges
in the Courts of Common Pleas, hinder.
ing their efficiency and ellccting the
dignity OF the judicial office and by i'm.
posing duties and labors upon them in
many of the districts far within reason.
able requirements upon their time and
ability, tending to lower the public es.
innate 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 of the Judges in the State ex.
ceed the salaries paid the Supreme
Judges, the Circuit Judges and the Dis.
trict Judges OF the United States by
more than 100000, annually. If any
tendency to impolitic and inconvenient
results exists in the judiciary article of
the Constitution, we can, at least, mini.
mize the mischief by a rigid adherence
to the definitions and limitations OF the
article.
The rules of apportionmcnt which are
prescribed are found in Art. V. Sec. } of
the Constitution AS follows whenever
a county shall contain 40. 900 inhabitants
II shall constitute a separate Judicial
district, and shall elect one Judge learn.
cd in the law and the General Assem-.
bly, shall provide for additional Judges
as the business of the said districts may
require. Counties containing popula.
ton less than is sufficient to constitute
separate districts shall be formed into
l -. -. 4
sary, may be attached TO contiguous
districts, "a the General Assembly may
provide. The office of Associate Judge
not learned in the law is abolished in
counties forming separate districts but
the several Associate Judges in Office
when this Constitution shall be adopted
shall serve for their unexpired terms"
The analysis Of this section by Chief
Justice Agncw, in Commonwealth ex
rel. Chase VS.. Harding. d Norris Re.
ports, 3jl, to the extent to which II goes
may be accepted as strictly accurate.
He says: Under this section the organ.
ization Of separate districts consisting Of
sgyls county and that of single dis.
tricts composed of several counties is
different, the former having but one
Judge, who holds all the Courts alone,
and additional iuo Judges when neees.
snry for the Dispatch OF business, the
latter having three Judges, one of
whom, the President, is learned and the
other two not learned in the Law, the
President being Judge Of every coun.
~ OF his district and the Associates Of
only one county, According 10 this
judicial exposition, the first division OF
the section constitutes counties contain.
ing 10000 or upward of population lex.
cept Philadelphia and Allegheny. which
are elsewhere treated OF into a distinct
class, and very clearly distinguishes
them from those of less population.
Each one Of them IS TO be "spar1fs
diS,ricf'--that is 4 sCDaratr county iissi-t--
With one Law Judge to preside in its
Courts. and with one or more sucI
Judges in addition, if the same shall
be added by the Legislature for the ne.
cessary transaction Of its judicial busi.
ness. And with equal certainty, accord
ing TO this opinion, the second division
Of the section commands that counties
below 80. 900 in population shall be unit.
cd together TO form convenient "E,uyls
fistrirts' or diftrirtg ,cih ory Lac ,IrDigs to
each. The explanation il properly ad-
ded that the Law Judge Of q single dis.
trict will sit with two unlearned Associ.
ates in each county OF his district, be.
cause such Associates are allowed to all
counties of the second class, or counties
below 10000, by the third division Of
the section. When to these particulars
we add that where necessity shall rc.
quire it, in order TO complete an appor.
tionment, a county OF the second class
may be attached to a contigous sepa.
rate county district Il Conv. Deb. 2jj,
6 ib.. 503), a general view OF the section
in all its principal divisions is made
complete.
The present bill designates each coun-
ty in the State over 10000 in popula-
ton as q separate county district, and
80 far. beyond all question. conforms to
the Constitution and its addition Of
Law Judges in some of these districts is
also an exercise OF valid power So
also its attachment OF Potter county 20
the Tioga district is authorized by the
second division Of the Constitutional
section. But its creation Of separate
county districts from counties Of small
population raises a question OF serious
import and challenges the construction
Of the 5th section OF the jth article Of
the Constitution above stated.
Can county Of less population than
10000 be made "a separate district"
This question appears 10 be answered
by the text of the Constitution itself:
Counties containing a population less
than is sufficient TO constitute separate
districts shall be formed" :" &C. AZ those
words Immediately follow the provision
relating 10 counties above 10000, the
conclusion ig a necessary one that they
relate TO and epbrace counties Of less
population than 10000, and they plain.
ly declare the counties 10 which they
do refer TO be "insufiicient" for consti.
tuting separate districts.n That these
words embrace all counties under 10000
appears from the fact that they are
general. and that no other description
of counties is afterwsrd indicated in
this section. The section embraces all
al a r IL