, 1889-07-25

,aficiinmsit proposed by him would bind
no one, but only make 1t the duty of the
judges TO bring to the attention of the
legislature in proper form such
CHANGES IN THE LAWS
as seemed to them needful. Then the
legislature would do as it pleased about
it.
Mr.. Convey approved the idea.
Mr.. Gritfitts wanted to strike out the
clause requiring the judges to preface
the forms of bills for remedying the de-
fects," because oftentimes afterwards
they would be called upon to pass upon
the validity of'these very bills.
Mr.. Crowley favored this last sugges-
tion and the convention adopted it and
subsequently adopted the section, to be
numbered %.
Mr.. Prosser submitted a section to pro.
vide for the formation of boards of arbi-
tration, and said he did so on behalf of
that large body of people who dreaded
the delay and expense of litigation, and
also in the interests of people who had
| large interests liable to come up almost
Immediately and who should not be
compelled to submit TO the long delay of
a law suit.
The committee evidently thought all
these people could take their chances
with the rest of the community and
voted against the section.
| Mr. Sullivan of Whitman introduced
a section requiring judges to try cases
and prohibiting the referring OF cases to
a referee except by consent of all the
parties. He wanted the judges to do
| their work instead of shirking il and put
ting it upon the referees to the great de-
lay and cost of the parties. At the sug-
gestion of Mr. Goldman the section was
modified so as simply to provide that no
case shall be referred except by consent
of all the parties.
Mr.. Turner thought this was legisla-
tion and wholly unnecessary at this
time. Referees could not be made now
except in cases of accounts or when GER
tain facts not appearing in the case were
necessary to its proper decision.
Mr.. Sharpstein said that testimony
had to be taken down to go with case
in appeal and certainly the judge could
not be expected to do it. 1t had better
be left to the legislature.
| Mr.. Stiles agreed that this was prop.
erly matter for the legislature. The
section failed badly.
Mr.. Sullivan also offered another new
section, providing that supreme courts
should be held at the seat of government
unless the legislature provided other
wise
Mr.. Turner said the committee had
already a section to cover this point and
Mr.. Sullivan withdrew his section.
Mr.. McElroy offered a. section requir-
ing superior courts to be held at the
respective county seats. Lost.
! Sections 26 (making the county clerk
the clerk of the superior COURT, 27 les
tabishing the style Of process as "Thc
the oath of Office of judges) were sue
cessively read and adopted.
This concluding the article, the COM
mittee returned to section 3 and took
up the supplementary report of the
| judicial committee, recommending the
adoption of the following; Section 3.
The judges of the supreme court shall be
elected by the qualified electors of the
state at large at the general state election
at the times and places at which state
officers are elected. The first election of
judges of the supreme court shall be at
the election which shall be held upon
the adoption OF this constitution, and
1 Judges elected thereat shall be classifiedby
lot 80 that two shall hold their Office for
the term of three years, two for the term
of five years, and one for the term OF seven
judges who shall for the. pur-
pose assemble at the seat of gov
ernment, and they shall cause the
result thereof to be certified to the secre-
tary of state and filed in his Office. The
judge having the shortest term TO serve,
not holding his Office by appointment or
election TO ill vacancy, shall be chief
Justice and shall preside at all sessions
OF the supreme court, and in case there
shall be two judges having In like man.
ner the same short term. the other judges
| of the supreme court shall determine
which of them shall be chief justice. In
case of the absence of the chief justice
the Judge having in like manner the
shortest term TO serve shall preside IN his