Savannah morning news. [volume] (Savannah) 1868-1887, 1885-08-10


nor has been nile1 at one time ny the
House Of Assembly. corresponding 10 the
House of Representatives; Al another by
the Senate from three persons selected by
the House Of Representatives; 1T another
by the Senate and House assembled In
joint session; at anOJher by the people.
The term Of Office OF the Governor from
17II7 10 1877 has been OF different periods,
one, two and four years.
The first constitution Of the state pro-
vided for the administration Of justice
through a court called the Superior Court,
held twice yearly in each county OF the
State by Chief Justice Of the whole state
and three assistant Justices from each
county; a court conducted by register
Of probate IN each county; and courts
held in each county by Justices OF the
peace. Jurors attended the Superior
Court, from whose decisions IN civil cases
an appeal was allowed to a special jury.
There was no other provision Tor new
trial than by this single appeal to special
jury.
The provisions OF this constitution as to
the venue Of CIVIL and criminal cases have
heen followed in all Of the constitutions of
the state. Defendants in civil cases were
to be sued in the county of their residence.
Contests respecting real estate were to be
tried where the real estate was situated,
committed.
The term of office, under the cOnstitu-
ton of l777, Of the Chief Justice, assistant
Justices, Register Of Probate and Justice
Of the Peace, was at the will Of the Legis-
lature. The mode Of election Of these Of
ticers was by the House Of Assembly.
The constitution Of 1889 provided that
Superior Courts should be held twice
yearly IN each county, and should have
IF oil 80
nal, except such As might be referred TO
inferior courts. The judges of the Supe-
rior Court were elected by the General
Assembly, and their term Of Office fixed
at three years. BY this constitution
judges were allowed to grant one new
trial in all cases tried by them, aud no
more. The limitation on the power Of
the Legislature to increase or diminish
the salary of the judges of the Superior
Court during their term of office found
in all of our constitutions but the first
was part OF the constitution OF 1889.
The constitution of 1895 made no change
ir the judicial department established in
1879. Judicial powers were, by the
constitution Of 1898, vested in
superior courts and such other
courts Of inferior jurisdiction as the
legislature should create, a form Of eX-
preston followed substantially in all sue
ceeding constitutions as to courts inferior
10 the Superior Court. Judges of the SUI
periOr Court, under this constitution,
were elected by the general assembly for
n period of three years, and Justices Of
the Inferior courts, elected in the same
mode were TO continue in Office during
good behavior. The Superior courts had
exclusive jurisdiction Of all suits respect
ing real estate and criminal cases and full
power by writ Of certiOrari to correct pro-
ceedings of courts inferior 10 il. The
power to grant writs Of prohibition, man
damus, scire-tacias, and all other writs
necessary to the exercise of its powers
was conferred on the superior Court by
the constitution Of 1T9S. In 1919, by
amendment Of this constitution, the cleo
tiou Of Justices OF Inferior courts was
given TO the people.
Prior to 1896 the term of Judges of the
superior court was extended from three
to four years. BY constitutional amend
ment in 1913, supreme court, consisting
of three judges to be elected by the gene
raj assembly for term of ak years, was
established. By another amendment Of
the constitution III 1850, the court of ordi-
nary, as now known, was created. In
1852 the constitution of 1893 was amended
so as to give the election of judges OF the
superior court to the voters Of the respec-
tive circuits of the State. The cOnstItu-
tiOn OF 1861 required Judges of the supreme
and superior courts 90 be appointed by the
Governor by and with the advice and con-
sent OF Jwo-thirds of the Senate. Ii did
not limit the term OF Office OF supreme
court judges, leaving that to be regulated
by the legislature, but did fix the term of
Office of superior court Judges at four
years. This constitution designated the
venue in suits in equity TO be in any
county the State in which adefendant re-
sided against whom substantial relief was
sought. The constitution OF 1868 restored
the election Of Judges Of the supreme
Court to the Legislature and made the
term of Office ak wears; il gave the cleo
tion Of Judges of the Superior Court to
the voters OF the different circuits and
fixed the term of office at four years.
Under the constitution of 1868, judicial
powers were vested in Supreme Court,
Superior Courts, District Courts, Courts
OF Ordinary, Justice Courts, and such
other courts IS the Legislature might es-
tablish. The Judges of the Supreme,
Superior and District Courts We're all to
be appointed by the Governor by and with
the advice and consent of a majority of
the Senate, and their terms Of office were
fixed as follows: OF the Supreme Court
Judges at twelve years, and Of the SUI
perior Court Judges at eight years.
1t seems not to have been considered
by the able lawyers who constructed the
judicial department of the constitution of
1868, that majority Of the Senate might
be composed of twelve Senators. Nor did
it occur 10 them that the long terms OF
the Judges would produce the dissatis-
faction they did.
The jurisdiction Of the supreme and
Superior Courts was not materially
changed by the constitution OF 1865. A
new office, however, Of great Importance
was created and made part Of the Judi
cial department, that OF Attorney General.
It's incumbent was to be the legal adviser
OF the entire executive department, and
10 represent the state in all civil and
criminal cases in the Supreme Court, and
the Superior Courts when requested 80 "a
do by the Governor.
This special feature of the constitution
of 1865 deserves the highest cOmmenda-
ton.
The provision Of the constitution of 1865
for selecting jures for the trial OF civil and
criminal cases showed just appreciation
OF the situation OF the State, which il
would have been wise 10 have followed in
1877. 1t preserved for the trial Of import
ant civil and criminal cases fair pro.
portion OF the most reliable citizens OF the
State.
Coming TO the constitution Of 1877, we
meet more changes as 20 the election OF
Judges Of the Supreme and Superior
Courts, and their terms OF office. These
officers are required by II 10 be elected by
tho Ganpru1 Assembly and thatr towr,a