The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-03-24


me supresss courts Courts Of appeal, 80
called. whsch are ia fact almost sssentscai
wstn xaprezne eaurfs. exist ia onlY Ina
ised nuaher OF states. TAey are provided
! for in the constitutions OF Delaware. Ken
earky. Maryland, New Jersey, New York
xIrxsaIz sd West glFgiEis- Ia NsU
Y1fk ste constitution provides that
sthe lexsgIature Iaxy Gath0rtxe the
Judgments. DEGREES aaa decisions OF
any cstsrz 81 record Of original
eiFsl Jurisdiction. established In q csty. 70
! t,s removed for review directly iato the
cont Of appeals, and the evident design
+ q the constitution i 20 make the court Of
Appeals distsnefsvelY what ifs name ia
plies. eegrf endowed only with appellate
jurisdiction. In that state. moreover. pro-
vision Is also made for q supreme court
! distinct from the court of appeals. In the
states which haze court OF appeals but
no supreme court the jurisdiction Of the
court IL materially enlarged and is made
10 extend 20 eases OF habeas corpus, man
aarnns and prohIbitinn-
In q majority of che states the highest
! courts OF appeal arc knowa as sEpFene
e0nrss. Their organization, the manner 81
larposnfBent or election of the judges and
their terms of Office vary ia the different
states. I'm Oregon the constitution as 0vigi-
naIlr adopted provided that the supreme
court sf1oald eonsis; OF four justices 70 be
chosen In districts b. the electors thereof.
Tue SUPREME court judges therefore acted
IS district Judges as they do now sn this ter
tftory. The constitution. however. fur
Their provided that whan the white popaIa-
ton % the state sheala amount 10 $4,000
the legislative assembly might provide for
the election Of sapresae and circuit judges
In distinct classes, one OF which classes
should consist ss three justices OF the SUI
rreFne court no shall not perform circHIt
ssss.ty and the other class should consist of
the necessary number OF circuit judges
! sao Should hold full terms without allot
--==zzs,e1, and who should take the same oath
~ the supreme judges.
AS rule the supreme court is distinct
from the superior or district or circuit
coarts. having appellate jurisdiction with
original Jurisdiction only in certain speei-
i fed cases. oftentImes the constitutions
have ieft the details regarding the iuEisdic-
ton and organization OF the supreme court
to the legislature. There are some ques-
lions, however, relating 20 supreme court
jadgsss that should be fxed by the consti-
tuition. among them are gll the number OF
judges, ca the manner of their appoint
meat or election, go their terms OF Office,
and tsl their salaries. The number of su-
preme court judges Fixed by the eonstitu-
tons of the states ranges from two to seven
and IN the state of New York, SO. in Min
nesota aud Nevada the number was fixed
a. two. with proyiso that il might be In
-. -.
In Indiana the number Is now fixed at
from three TO fye., In several states no
number Is fixed, but the matter is left with
the legislature. Judges Of the supreme
court are either appointed by the governor
az in Massachusetts,, or elected By the sem
ate aud house of representatives in joint
assembly as ia Connecticut, New Jersey,
Rhode Island. Vermont and Wiz
GINA. or appointed By the governor
sith the consent OF the senate as
In Georgia, louisiana, Mississippi snd
New jersey: or by election OF the people
- in Alabama. Arkansas. California,
Iowa. Kansas. Kentucky. Maryland.
Michigan, Minnesota. Mlssoari, Nebrasks.
Nevada. New York, North Carolina and
!. ether states. The terms of Office of the
judges In question range frem Eve years
ia Ohio 10 a life term Ia Florida. The
more common term il six years, although
in California Il ia fixed st 10 years. in
Georgia NJ Il years. and In New York at Il
years. common provision Is 10 divide
THE court into classes, 50 that certain
number shall go out of Office each year or
every two years. The more common pro-
vision regarding the salaries OF supreme
court judges is that they shall be fixed by
law. IA some states, however. 1t is pro-
yided in the constitution that the salaries
Of the Judges shall not be less than certain
specified amounts. Ia other states still
the salaries are fixed, aud rauge from 5000
In Iowa. West Virginia and Nebraska 10
S730a Ia Louisiana. Another provision
sometimes incorporated in The constitu.
tioa is that the judges shall receive per.
mauent and honorable salary. The wisest
provision and Ia many ways tae most
equitable Js 20 NIX q minimum salary,
which should IN every case be large
enough 70 command the best legal talent
Ia the state. aud then allow the legisla-
tnEe to increase tnat salary as the state
grows aud the duties OF the position in
crease
The number, organization aud iurisdie.
ton ct inierior courts are matters which
should, within certain limits. be fixed By
the constitution. Enough latitude should.
however be allowed SO that the legislature
can expand the system 10 keep pace with
the growing needs OF the state The fol.
lowing system has been suggested as be.
ing vel adapted o. the efficient and
speedy administration of justice. First
A supreme court having appellate jurisdie-
tiouoaiy, TO consist of three judges, with
the power Ia the legislature 10 increase the
number to Eve. and II necessary to seven.
seeond--A sys'em ot district judges mi.
nerons CROUCH - promptly hear ana dc
tesmlne a. c&asss failing within their
! jurisdiction, such courts to he courts OF
general jurisdiction, having nominal and
exclusive jurisdiction OF all matters civil.
criminal and equitable. except as herelnaf-
ter stated. For counties having city or
cities Of over 2a.oo inhabitants there
should b. two OF more judges. one 10 at
tend 10 criminal matters. the other or oth
ers 10 civil aud equitable causes. these
district courts 10 have appellate and snaer.
visoFy Jurisdiction from and over the
lower consts. Thsrd--A system of county
courts. each presided ever by county
J Judge, having original and exclusive luris-
persons and their estates. infants n;sder
guardianship or needing guardians. aud
such ether sab5eet-gna'fuss as usually per.
tain io pcohate eoaffS, these "a tse specific
silly designated by the Legislature. The
same iadge 10 nsve original criminal iaFss-
ttcsiou % AL ogseases falliny within the
elsss az faisaemesaoTs. Their Jurisdiction
uCala he concurrent ia cases Of aaEssie.
meaGofs with tas Jurisdiction al Justices
az the peace. and also concurrent in some
esses vita the Jurisdiction Of the district
coart. TAe eoanty court - have also elvsf
Jurisdiction "a actions for debt az larssgas
including mechanics and LOCKERS liens
and in eases of ehAitel MORTGAGES ~ tau
exlent 81 $50. aud - be a court q! record
and its judgments q lien ga real estate
sessions ai toe eears 20 lsc held naoathly,
and iagy a. tss empsaelea whenever nee.
essay. The coHnty iassge 10 De rx -ossacio
chairman % the beard OF coanty GOA nlIs.
ssoneEs Fesrsh--A sySsera Of ccartS PRE-.
stdcsa over ~ Justices Of tho pxaee with
tee ssHse laylssgesssa as tAey row lesssexS.
fae sssseza as Indicated zeove Is aud < "a
tsnattssss tatsuae1 30 BE caIy an outline,
II s0als essaSr nc ampliaesi in The eansfi.
sutsan ltsea a i sofacsimcS saae. or better
ssi4 serve merely - foundation for the
5 asStSsAsnEe - bald GE~aa. There IS enc
( ftSsnFe that comments Il q favar sad that
IS that = coass'7s 40 inaoysfsens - ssr as
tee ssfhaaAss sFsesss=1 arc eenearnesA An
- the coaFts iusiseased have hesa trsss. Ia
s.Ssersat states s,fhaDsa as,s 81 viva slsas.
las nowvFs ia FAe sane state. Il differs
ts.aa p A. -