The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1888-04-28
The judicial Bin Constitutional.

Jackson, April 2S.-A majority of
the supreme court, through Justice
Campbell. rendered a decision deelar-
ing the act which passed the recent
legislature, redistricting the judicial
district and reducing the number of
judges and chancellors, constitutional
The court holds that no part of the act
is unconstitutional, aud that the Judges
whose terms have not expired are not
removed from office nor deprived of
their districts, but they can 20 on
holding court in the counties of their
former districts until the expiration of
their several terms. at the terms of
courts of said counties as changed and
fixed by the act. Justice Arnold deliv-
cred lengthy dissenting opinion,
holding the act to be unconstitutional
in that ii does remove judges and chan
cellors from office in manner other
than the two modes prescribed by the
constitution.
In an interview with an Appeal re-
porter Major L. W. Magruder thus
speaks Of the new act;
at has been flippantly said that too
much labor had been put upon the
judges, so that an efficient administra-
tion of justice in the courts would be
impaired. While the fact Is that before
the war, when transportation to half
of the county seats was by dirt roads,
and when there was more litigation
and business than now, ten judges of
the circuit courts, then having equity
jurisdiction, did nearly all the business
which was deyolved upon the eleven
judges and eleven ehancellors, now on
eight judges and six chancellors. Then
the civil jurisdiction of justices of the
peace extended only TO controversies,
where the value involved did not ex-
ceed $50. Now the limitation is whore
the value does not exceed $3.50. Then
larceny of anything under $40 was
cognizable before justices of the peace
now it is petit larceny where the value
does not exceed $25. So that then ten
judges with more enlarged jurisdiction
and more business, found no difficulty
disposing of the business. Tho alb
surdity of the proposition that there
are too few judges is well illustrated
by what Judge Winn, of the yalle!
district, said few moments ago tina
the bill was In the right direction, tha
absolutely, he had been burdened witt
idle time, that he had had over tlv
months vacation, and now he.is give
three more counties, and still has neal
ly three months vacation, while in a
} least four of his counties he will llnis
{ the work in Que week in each, Will
the law provides for two weeks, froI
which there being two terms a year h
will have eight weeks additional vaci
| tion. The wisdom of the economy
: not alone justified in saving the salaric
of the extra judges and chancellor
. but by u reduction of the judiciary e,
penses in the counties where the tern
: have been shortened, for the tendcnc
Q is to consume more time than necessar
i if il be at disposal
We have no disposition to take issu
Q with Major Magrudcr; who is prob'
bly,, and naturally, somewhat sensitiy
upon the subject discussed, through II
just criticisms to which he has bee
: subjected. But his contrast Of the Il
/ Dor of the ante with the post bellul
a Judiciary; is not complete throug
r omission ofpropcr reference to the po
t ton Of il devolvcd upon the old pr'
+ bate judges, We are inclined 10 I'll
!, opinion however, that our first though
= that the act went rather far in redu,
ing the number of judges, was erron'
r nous or at least the court service wi
{, not have its efficiency impaired by th
/ reduction. The only other point o
{ which we objected to the bill, was il
assignment Of judges TO districts /
y which they did not reside. Upon thi
k point Major NJ. is silent.