The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-12-29
FOR THE CIRCUIT COURT.

K Isl /.
To THE EDITOR OF THE TIMEs:-TnE
TIMES deserves the highest commsnda-
ton from the bar and public alike for
its vigorous efforts to procure additional
courts for Roanoke. There can be no
doubt as to the desirability of procuring
tho Federal court hgita tion and we'll
| directed effort can secure it. There can
be no question as to the necessity of
another state court Ito relieve the
crowded docket of the present corpora
ton court. There is the gravest doubt
as to tho constitutionality of the pro-
posed additional corporation court.
Section % of article of the constitu-
ton, providing that "the legislature
ernment of cities and towns, and to es-
tablish such courts therein as may be
necessary for the administration Of JUS
tice," is in pari materia with Section
IA of article 6 of the constitution,
which provides that, for each city and
town having a population of 5000, the
legislature shall elect one city Judge.
1t is admitted by the advocates of The
dual city court that these provisions
are in conflict. Admitted. Then, being
in pari materia, they must be construed
together; and, so construed, if possible,
as to give effect TO each provision.
These are cardinal rules of construction,
equally applicable to constitutional as
to statutory enactment, and grounded in
the soundest reasoning. 1t needs but a
candid reading of these two sections of
the constitution, side by side. to see
that they can only be harmonized by
regarding the last as limita ton of the
general language contained in the
first.
Again, section % supra is two-fold.
First, it provides that 1.-The legislature
shall have power to provide for the gov
eminent of cities and towns" and Sec
ond, "to establish such courts therein
as may be necessary for the administra-
ton of Justice" 1t is commended by
some that the latter provision should be
construed without reference to other
provisions of the constitution. If so,
why not the first provision also? Why
should the Legislative discretion be linn
tied in the character of the government
or the scope of the powers and immuni
ties it confers upon cities and towns by
other provisions found elsewhere in the
constitution? Why could not the legis-
lature grant charter eXemptiDg city
from the burden of State taxation, or
even make it imperium in imperio? l
apprehend even the most liberal of lib.
eral constructionists would avoid this
implication.
But it is objected that the corporation
court, under the constitut ton, is clothed
with the same Jurisdiction as the circuit
court, and yet the former court has
been vested by statute with criminal
jurisdiction not granted to the latter
court. I answer the constitution merely
n fhacn n of off
their powers, except to say of the cor
poration courts that they shall be vested
with similar jurisdiction, which may
be given by law to the circuit court"
1t is therefore competent for the legis-
]ature to define the jurisdiction of these
courts, taking care that the corporation
courts shall have jurisdiction similar
(not identical with) to that of the
circuit courts. conclude that tho
formation of an additional circuit court
is the only safe solution Of the problem.
The legislature could clothe that court
with criminal as we'll as civil juris-
diction.
1t could devolve upon it, when sitting
in this city, the dispatch of the criminal
docket In other worus the legislature
has full power to create new circuits, to
define the jurisdiction of the courts;
but it has no power to create courts not
warranted by the constitution, save in
the manner and under the circumstances
presented by the constitution. The
plan attributed to the chairman of tho
charter committee will, if persevered
in, be worse than useless. The new
city court may be created, though it is
far from probable that the constitu-
tional question will escape the criticism
of the judiciary committees of the
house and senate. 1t will there as here
be the subject of debate. This debate
will be resumed in each house when it
leaves the committee-room. And it
may be that this provision will delay, or
even imperil, the passage of the new
charter itself.
We will presume the new court,
created by the present legislature; a
test case made. II declared unconsti
tutional, we will be relegated to the
next session of the legislature, two
years hence. In the meantime our
docket will be all the moro crowded be-
cause of the experiment, and the city
will have incurred heavy expense the
while. At the end of two years the city
will. in all human probability, have
fully acquired her 3O,0U0 population and
will then be in position to legally secure
an additional city court.
The circuit court, l submit, or two
more years of waiting, is the alterna-
tive that COnfrOntS us. C., A. M,