, 1889-07-25
! sitled itlI cd TO Justice in one court he was en-.

titled TO Justice in one court he was en-.
Quilted 70 II In all courts.
\ Mr. Hoyt renewed his motion 10 sub.
! stitute and said he merely wished 10 90
! ON record rs believing u the province Of
the convention merely to establish
courts and leave the Jurisdiction To The
" VIC
l Mri stiles said II the gentleman would
renegt moment he would see In at this
couti not be done. In a short time wo
may pc state IN the twinkling of an
| eye, and then until the Legislature meets
I cnnrt .u oo,o present the spectacle of a
(Hon. N' -" J"'N
\ Mr. Reed OF Olympia favored the sub.
sutute mainly because II accords with
ms Ideas of keeping legislation ont of
.ne constitution. AS to Mr.. Stiles argu.
kn.enc, the court cannot be elected until
ne legislature is, and there is little like
1 fore the legislature meets.
MI. hfhnear was opposed to the sub
I stitute and did not wish to take the
cnahees OF an interregnum. Other con-
sntutions prescribed the jurisdiction OF
shc cosarts which they established, and
was proper for this convention to do
the same.
Mr. Turner opposed the substitute. He
did not think this was a matter OF lcgis-
iation, but the establishing of
PRINCIPLE OF GOVERNMENT,
and with two or three exceptions IL Is
lestablished in the constitution of every
state IN the Union.
Mr.. Warner proposed to amend but
was ruled out for the present.
| Mr., Goldman coincided with the view
that this was. principle of government
and not legislation.
Mr.. Moore thought that IL the chair.
man of the judicial committee was to
have the close in every section and
amendment and motion he should an.
nounce that he was ready to close and
act II any other member wished ia
speak.
The Chair-That would save the chai,
some trouble.
Mr.. Turner care nothing about
closing on this matter.
Mr.: Moore-I should think not. As
TO this substitute, he opposed II. This
Is not legislation and other constitu.
tions, notably Pennsylvania, established
jurisdiction for the courts
Mr.. Hoyts substitute was lost by a
decided vote. Mr.. Moores motion was
also lost by similar vote.
MIR. Dyer renewed his motion TO in
crease the limit from 5000 to $500, but il
failed without any more loss OF time in
debate.
Mr.. Stiles said that i'm the interest oil
| WIG isHSitsn IuItSudEc IllONN
to amend SO that the sentence "jurisdic.
tion in all actions and proceedings eN-
cept its appellate jurisdiction shall
ETC." will read jurisdiction in all ac-
tions and proceedings excepting that It's
appellate Jurisdiction shall, etc.
MIR. Reed of Olympia took exception
to the ling" as not.being
GOOD ENGLISH,
but the convention did not agree with
him, for a rising vote was called for on
the ling" and II was retained by vote
Of 25 to u, and Mr.. Stiles amendmen,
was thus adopted.
Mr.. Sullivan of Whitman asked TO in
; sert the word "ordinance" so that an
action involving municipal ordinance
could be always appealed.
Mr.. Turner opposed this, and II failed
ply ayes 81, noes 20.
| Mr.. Turner moved to adopt section 4
i Mr.. Hoyt asked why there was a ne
2 cessity for using the word actual in
providing for writs of habeas corpus fol
Epersons in actual custody.
y Mr.. Turner said that this form of pro-
tcedure was sometimes attempted to be
6;yused for infants but it was not thought
Unnecessary to allow it-for persons other
a than those in actual custody.
Mr.. Allen moved to add the words,
"The legislature shall have full power
kto alter or amend the jurisdiction thus
bcQnferred." Not seconded.
al Mr.. Durie renewed Mr.. Sullivan's mo-
IN regarding municipal ordinances In
Nightly different form, but IL met the
me fate--ayes only is, the noes not
united.
.s., ssst~ .es4.ss ssasssd esss. saa ,iaHi sssii
have.original jurisdiction in habeas cor
kpus and quo warranto and mandamus a.
{. TO all state officers, and appellate juris-
a diction in all actions and proceedings
excepting that its appellate jurisdiction
stall not extend to civil actions at law
for the recovering of money oi
personal property when the Original
amount in controversy or the value o
the property does not exceed the sum o
500, unless the action involves the legal
ity of "a tax impost, assessment, toll
muninicipal fine or the validity of {
statute The supreme court shall alsc
: have power to issue writs of mandamus
review, prohibition habeas corpus, Ger
; tioraTi and all other writs necessary anC
proper to the complete exercise of II:
: appellate and revisory jurisdiction
Caches of the judges shall have powei
to issue writs Of habeas corpus TO any
, part of the state upon petition by or or
behalf of any person held in actual Gus
, tody, and may make such writs return
able before himself or before the suprem,
! court or before any superior court of tn,
i state or any jndgo thereof.
' Section 8 was then taken up and read
, and Mr.. Kinnear moved that II b'
/ adopted. Ii provided for superior court
! in counties and for twelve superio
judges who shall hold office threcyear
at their first election and thereafter fo
six year terms, and sets forth theii
their duties and jurisdiction.
Mr.. Goldman moved to amend by
, making the terms four years instead o
six.
n Mr.. Gritfitts called for the reading o
' tthe minority report which favors fou
years.
Mr.. Turner opposed the amendmen
!, and favored the six wear terms. II,
: cited the provisions of other states show
"a ing that In eight states the term is fou
/ 4 years, in thirteen six yenrs, in one sever
years, In four eight years, in ten tel
years or more, and in one state the tern
Is not fixed, so that twenty-nine state
Il have term of six years or moro agains
eight states which have four-yea
3 term, and thus the argument fayors tn
I long term.
a Mr., Goldman recslled the gentleman
: (Turncr) argument of yesterday that N
@ did not fear corruption reaching tn
bench, vnd said that now he wants
| long term.for fear that the judges for
I short term will be corrupt, and
/. CURRY FAVOR
: with the people by their decisions so n
E to get second term. If a judge ha
I allowed himself TO be swayed by publ
[. lopinion, four years is enough 10 have Il
submit to such man on the bench.
The has not he can safely trust the peopl
g for a reelection.
3 Mr.. Dunbar said the last speaker
r kargument could be used both ways; h
I f(0oodman) ought to vote for tho six
yearterms for supreme court judges.