, 1889-02-07

en-, which last number ought 10 bA its
maximum. This court ought 10 meet at
the capital twice u year and remain In
session until all OF the business is die.
Second---There ought TO be a system Of
district judges and districts amply
sufficient to promptly hear and determine
all OF the controversies which may arise,
with power In the legislature TO increase
their number to meet the wants OF rap
idly Increasing population, with Its cor.
responding increasing volume OF legal
business. The salary Of these judges is q
small matter compared 10 the enormous
expense resulting IN delay. especially In
criminal matters. The situation Of King
county at the present time is q forcible
illustration Of my position: She is pay.
ing at least 900 per day for the support
crime and awaiting trial. Besides, some
Of these men may he Innocent, If 80, this
delay 10 q gross injustice to them.
But To return. The district courts
would be courts Of general jufisdic-
tion, having original and exclusive juris-
diction OF all matters civil. criminal and
equitable, except AZ hereinafter stated.
For counties having u city or cities Of over
&c. 600 inhabitants, l would have two or
more judges. one Of whom should attend
to criminal matters. the other or others to
civil and equitable causes. would give
these district courts appellate and super.
visory jurisdiction over and from the lower
courts. regulating such jurisdiction to the
subject matter over which the appellate
court had been given original jurisdiction.
have not space nor time In this article TO
give my reasons for the above distribution
Of judicial powers.
Third-I would have incorporated In
the constitution what is known In Oregon
as the county court system-that is, to
have every county in the state to elect an
officer to be called the county Judge. l
would give him original and exclusive
jurisdiction over all probate matters. in.
sane persons and their estates. infants
under guardianship or needing guardians.
and such other subject matters as usually
pertain to probate courts, to be speci6cal.
ly designated by the legislature. ] would
give him original criminal Jurisdiction of
all offenses falling into the class of misde-
meanors, to hear and determine them.
This jurisdiction would be concur
rent In all of those small mis-.
demeanors over which Justices OF
the peace have jurisdiction and con-
current 10 some cases with the district
court. deem it totbe of the utmost i'm
lie welfare that persons accused of small
offences should be promptly tried. IL
saves expenses. 1t is a matter of Justice
to the accused. II deters men from COM
mitting offenses. It gives greater certain
ty OF punishment when deserved. We
ought always to be remembered that II is
not the severity of human punishment but
its certainty that keeps men from violating
law. Hence all the above provisions for
the speedy trial of all such cases. Again.
would give this county court civil juris.
cluding mechanic and loggers liens as well
as chattle mortgages to the extent of
500. This would he, to some ex-
tent, q concurrent jurisdiction. would
make this county court court OF record
and its judgments a lien on real property.
would have its sessions once q month
with power to order jury whenever nec-
essary. would make this county Judge q
member and chairman of the board of
county commissioners.
Fourth would provide for courts of
justice of the peace with the same juris-
diction as now exists. would give ap.
and courts of justice of the peace TO the
district courts.
Such, Mr.. Editor, is a brief and imper-
feet outline of the judicial system |
think the proper one for the state of
Washington. Ii is not 30 elaborate as
that of California; it is more akin to that
of Oregon.
There remain but two other questions.
I will but state them and without COM
ment give my opinion thereon. First,
what ought to be the term for which these
judicial officers should be selected.
think the term of the supreme judges
out to be six years, the district and county
judges for four years, and justices Of the
peace for two years.
Sevepth-OuQht they to be elected or
appointedl take it for granted that
public opinion is unanimous that justices
OF the peace, county and district judges.
ought to be elected by the people. As to
the supreme judges, there 10 a difference OF
opinion. The writer Of this article is a
firm believer in the capacity of the people
for self-9overnment and believes the peo.
pie capable of elf.government in tn is re-
gard and need not the interference of their
official servants 10 secure fair, independ.
ent and impartial administration of their
laws.
Now, Mr.. Editor, have written this ar
ticle for two reasons: First, to give my
own opinion as to what judicial system we
ought to adopt, aud second to call public
attention to the subject, so as to elicit, IL
possible, a comparison Of ideas.
o. JACOBS.