Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1881-06-23

hlihdhles OF the constitution. lie has
not only not done this, but by this
veto after the adjournment of the leg
lslature he has made obedience to this
command Of the constitution impo.s-
Bile. The constitution further provides
that whenever county shall contain
forty thousand inhabitants it shaH
constitute n separate judicial district
aud shaH elect one judge learned in
the law" There are ten counties in
the State, namely; Blair, Butler,
Cambria, Clarion, Clearfcld. Dau-
phin, Fayette, Franklin, Mex can aud
Iioga, which have Il population of
over forty thousand each by the cen
sus Of 1850 aud are not separate dis
tricts by the act Of 1874, but are now
entitled by an unequiyocal aud positive
provision of the constitution 10 be
separate judicial districts, and were
all made such by the bill just vetoed.
Gov. Hoyt says these counties shall
not have the rights so solemnly guar
antced to them by the constitution,
because, forsooth, the legislature in
making these other counties separate
districts violated an imaginary pro-
hibition in the constitution. Our
worthy Governor seems to have that
peculiar kind Of n conscience which
causes him to reverence the provisions
of the constitution in the exact ratio
of their obscurity or doubtful exist.
ence. The palmer they are, the less
it weighs upon his conscience that
they should be obeyed.
No judicial apportionment can now
be constituiionally made until the
meeting of the legislature in 1891
the next session" after the next de
ccnnial census" Ii would be even a
stretch Of the constitution for this leg
islature TO make an apportionment at
n called session for that purpose for
it would not be the NEXT session after
the decennial census.
If the legislature had passed an act,
providing that the county Of Clear
field with population of 43,471, shaH
not constitute a separate judicial dis
trict aud sh1H not elect one Judge
learned in the law, but the courts of
said county shall be presided over by
judges residing in Centre and Clinton
counties until the further pleasure of
this legislature probably even Gov.
Hoyt would have admitted the act to
be unconstitutional and yet Gov.
Hoyt has attempted to do by his veto
just this thing what the legislature
and Governor combined could not do.
The complications, difficulties and
confusion which will result from this
inconsiderate and foolish act of the
Governor are innumerable. Clcarfeld,
and the other counties named. are by
the positive fat of the constitution
made separate and judicial districts.
The ,ofiice of Associate Judge, not
learned in the law, is abolished in
such counties. The Supreme Court
decided in the Fayette county case,
that the abolition of this office APP
piled to counties having forty thou
sand inhabitants, although other coun-
ties were attached to it by the appor-
tionment. The term of the two asso-
ciates not learned in the law in Clear.
field county expires on January /,
1881. Can the people elect successors
to these judges. Not if the decision
of the Supreme Court in the Fayette
county case was right. Then Clear
field county, although entitled under
the constitution to be a separate district,
will be left without any resident Judge,
learned or not learned in the law.
But she may elect judge learned in
the law at the next election so the
legislature provided, but Gov. Hoyt
says, no she shall not. IL Clearfeld
should at the next election exercise
her constitutional right to select one
judge learned in the law" no doubt
Gov. Hoyt would refuse TO commission
him and his title to the office would