Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1882-12-08
Our Judiciary System.

ouf Juuittoks SSstcM.
In the Annapolis correspondence of the
Baltimore Day of the 30th ulto, the follow
ing comments We're made concerning the
administration of justice in the Court Of
Appeals:
Considerable dissatisfaction was manifested
on Tuesday by lawyers who came here eX
pectiug to argue their cases in the Court of
Appeals, when only three Judges as stated in
Tuesday DAY, put in their appearance, lie: wing
the court without quorum. This want of a
quorum, which frequently occurs is Il subject
of much annoyance to lawyers and their clients
1t was said here on Tuesday that one case from
Allegany county had been set for a hearing at
FIVE different times, thus putting the LAWYERS in
the case to the expense of five trips from Cumh-
erland to Annapolis and back. This case still
remains to be heard. This state of atfir. is
owing greatly to the present judiciary system,
which makes the judges of the Court of APP
pesls do double duty, attending On their
circuits and also on the Court of Appeals
But while this is true it is claimed by many
that the judges in some cases themselves to
be blamed for this condition of affairs, one OF
them staying at home in the hope that another
will go to constitute a quorum and that his
presence there will, therefore, not be needed
However this may be, it is a fact to be GREETED
that from some cause il frequently happens
that the Court of Appeals is without a quorum
and it is contendei that some means should be
at once devised to avoid such i condition o:
affairs in the future.
Considerable dss ,tistlctinn of a SINH
lar character has heretofore frequently had
expression in different sections ofthe State
In al tn 70
ors and delay of justice above complained
of, as an incident of the present judiciary
system of the State, there has been an
opinion prevailing 10 s,me extent in legal
circles, that there is a great reluctance,
amounting almos; to preiu lice, on the
part Of the Judges Of the Court Of A ppe is
to reverse the rulings of one of their fell
lew judges in his circuit. This. in the
opinion of many lawyers, more than over
balances the Supposed advantage Of the
superior learning said to be brought to
the Bench Of the circuits by the Chi
Judge, who is fresh from the discussions
Of the appellate court.
The presen Judiciary system Vas frs,
adopted in this State by the cons tuition
of 1867. Prior to thai tine the Court OF
Appeals and the circuit courts Ia | been
entirely distinct and separate tribunals
The duties Of the Ju l.as Of the appellate
tribunal were limited catirelv to the hear
ing AMI deciding of cases before that tri-
bunal. Consequently there was no excuse
for not having quorum of Judges at all
times, and the advantage Of full benz h
for the bearing of all cases OF importAnce
which under the present system is rarely
ever attain lble, Vas then easily secured.
The present system was modelled after the
Federal Judiciary system, the efficiency
and excellence Of which Is generally con
ceded, and has many lvocates among the
legsl profes ion. There is one impor ant
difference, however. bctwee The two svs-
tens under the Federal system, the Judges
are only required to 4, circuit duty dur
ing the vacation Of the court. and the eff
cheney Of the Supreme Benches not there
by impaired; while. in VI .rylInl, the
judges are required, or permitted, to do
circuit duty whenever their circuit courts
are in session, which occurs at all times
during he year, and results in serious and
frequent interference with the duties of
the judges in the appellate cour'.
By the constitution of 1867, another
constitutions convention is required to
be held in 1897, and 1t is not improbabe
that the present judiciary system will be
then abolished, or m ,terialy m pdifed -
1t is probable, too, that an efrrt will bs
then made to have the appointing power
of the judiciary again vested in the Gov
ornor. Many contend that the masses of
the voters, even WHARF, a to able standard
OF Intelligence prevails, are not compe ent
to judge Of the qualifications of the iuli-
ciary, and it is urged with much force
that the appointing power u these most
important offices should be vested IN the
Executive of the State. If any essential
change should be m ,de in the present iu-
dietary system in 1897, whether the pre-
sent mode of section b. retained or not.
a new election ofthe State judiciary would
be render ed necessary.