Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1881-11-24
The judiciary System.
BY THOMAS CALLAHAN.


Judiciary has made Q strong lodgment
be promised that this position will be
held and strengthened by being ex-
tended.
/: the right Of Federal Intervention
with the State judiciary 10 ence ad-
mi tied, there can be but little limit in
regard to subjects Of Intervention.
One class of matters after another can
be thrown in until there will be moth
ing left for the State judiciary to ad-
Judge but two legs and . bit of an ear.
As already remarked, the contest
between the antagonistic principles
which enter into the very composition
of our Government 10 not settled; IL
has only changed its field.
The judiciary of . State is, after al.
only q collective name for one class OF
what are called States rights, and %
is peculiarly liable to become in
vol ved in this contest. That 1t has be-
come 70 involved il of record, and that
the matter will not end there 10 evil
dent from the very strong movement
that il being made to secure . uniform
national law of divorce. 1t will be ev-
ident that divorce cannot be controlled
by any law that oes not control the
whole conjugal relation. This whole
subject will then be taken out OF the
hands Of State Legislatures and State
courts, who have made q farce Of the
whole marriage relation. This il but
one instance Of many which might be
noticed.
The State judiciary may as well At
once strip for the contest. But how
shall it do this? Let US first take
criminal jurisprudence. The State Of
Michigan has abolished the Grand
Jury, and any other State can do 50.
1t is a mistake to suppose that the
Fifteenth Amendment 70 the Constitu-
ton of the United States makes q
Grand Jury Q fixture of any State
Judiciary. That provision only ap-
Piles to Federal courts and jurispru-
dence.
When the Grand Jury was first in
vented, q party indicted had the right
challenge the whole panel to mortal
combat, so that if he was a vigorous
fighter il WAS likely that an indict-
ment could not be found on slight
grounds. But now that duelling has
been abolished by statute, the Grand
Jury might 60 with it, and . prelimin-
ary examination before . magistrate
take its place, a. it does in Michigan.
Grand Jury would require an amend
nsnt to the Constitution of the State.
The abuses of the system can be reach
ed without that trouble by compelling
q prosecuting witness to give good and
sum cient security for all costs If the in
dictment fails, and if this preca utiOn 10
neglected, throw out the bill and sad
die the costs on the Grand Jury; and
rive the party indicted his remedy 6Dr
defamation.
Ia respect to traverse juries, let the
State pay such q compensation ~ will
justify good men in giving q patient
and careful attention 70 such business
- may come before them, and the
State can haye . fair plea for enforcing
their attendance. At present it has
not such q plea. Besides securing the
ends Of justice, the State would save
money in this way.
Without An amendment to the Con-
stitution, our Judges must continue to
b elective; but the Constitution does
not prescribe the mode Of nomination.
Let the law limit that right to the en-
rolled attorneys on the Circuit, each
attorney voting only In the Circuit in
which hs residss. Every coed attor-
ney knows that the moro thoroughly
learned In the Law Judge IL, the more
pleasant il il to transact business b.
fore him. They would then b likely
to select their best man, IL for 10 other
reason than that they might divide his
practice among them, and % would
choose the man whose busiuess would
yield the largest dividends. At any
rate, it would take the judicial nomi-
nation out Of corner grocery politics.
But unless il ID desired that States
rights shall cease to exist, they must
b. better cared for than at present.
Take - an instance the marriage rela-
ton. In the State Of Massachusetts,
ten per cent. of all the families are
broken up by divorce. In New York,
If . man seduces his nsighbor's wife,