The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-12-23
An Elective Judiciary.


We have always been doubtful of the
propriety of an elective Judiciary. But
the late election has confirmed all the doubts
we have heretofore entertained upon the
subject. The excitement and dissensllon
incident upon this election, in all parts OF
the State, make us averse to any like ex-
perience in the future. We could not
have believed, without being convinced Of
it by the facts and circumstances attendant
upon it. that the election of the Judiciary
could have produced such jealousies, blck-
erings and heartburnings as it did. We
think the people of Maryland have had
quite enough of this sort of experience to
prevent them from craving any more Not
that the people are incompetent to select
their own officers, but on account, OF the
unpleasant results which it left IN Its train.
There has been nothing like it In any
election for the past decade Of years. We
think it not at all likely that the people OF
MARYLAND will be called upon topass through
another election of this sort. The present
constitution, it is very generally admitted,
should be changed; and it contains pro-
vision within itself as to the time and man
ner of that change The second section OF
article fourteen says ...-
SIT shall be the duty of the General Assem-.
bly, to provide by law for taking, at the gen ;;
eral election to be held in the year 1887, and
every twenty years thereafter, the sense of
neonle in regard to calling a convention for
altering this constitution; and if majority OF
voters at such election or elections shall vote
for a convention, the General Assembly, at
its next session, shall provide by law Tor the
assembling of such convention, and Tor the
election of delegates thereto" ...,.
Under this provision of the constitution,
it will be the duty of the Legislature of
1886 to provide by law for taking the sense
of the 2ople at the general election in 1887
in regard to calling convention for alter
inc the constitution, and if a majority shall
so determine, the General Assembly at its
next session, 1888, shall provide by law
for the assembling of the same Here,
then, will be afforded an early opportunity
to change the existing order Of things, and
to introduce such reforms in the Judiciary
as the experience of the last score of years
has shown to be desirable That exper-
fence, it seems to our apprehension, de-
mands that the Judiciary should not only
be no longer elective, but that the Court
of Appeals should be separate and dis
tinct body, entirely unconnected with the
Circuit Courts There are many reasons
that might be urged for this change, but
we shall now allude to but one-the fire.
quent absence of quorum of Judges from
the seat of government. A letter from
Annapolis, of recent date, November 20
says: ...
ssThis want of a quorum, which frequent!
occurs. is a subject of much annoyance tt
LAWYERS and their clients. 1t was said here
Yesterday that one case from Allegany count.
had been set for hearing at five dItteren
times. thus putting the lawyers in the case tt
the EXPENSE of five trips from Cumberland tt
Annapolis and back. This case still remain
to be heard. This state of affairs is OWN!
greatly to the present Judiciary system, whlcl
makes the Judges of the Court Of Appeals dt
double duty, attending on their circuits ant
also on the Court of Appeals. But while thu
- = =, ,ol hxyy nv that 1n0pp
are in some cases themselves to be blamed 10
this condition of affairs one of them stayin'
at home in the hope that another will go t.
constitute a quorum and that his presenc
there will, therefore, not be needed. How
ever this may be, it is fact to be regretted
that from some cause it frequently happen
that the Court of Appeals is withouta quorum
and it is contended that some means shoul'
be at once devised to avoid such condition
of affairs in the future.
The number of this Court might be re
duced to three, and the Judges required t.
reside in Annapolis, thus reducing the cos
to the people of this branch of the judi
ciary, and insuring prompt attention to tn
business before this tribunal. lin. lii
Other reforms have suggested themselve
to the minds of thoughtful men, such
one Judge only on the bench, each count
in the State to have its resident Judge
whose duties should be confined to tn
county, and who should supersede the pres
ent Crehans' Court. These and othe
changes will be doubtless suggested whe
the time for the assembling of another cor
stitutional convention arrives. Experienc
has demonstrated that there are many othe
things in the present constitution whiIc
require change as well as the Judicl'
system, and no doubt public sentiment wi
demand convention and a new constltu
ton when the time arrives.