Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1891-01-03
new JUSTCESCOURT.
Senator Dorsn WIN Introduce =
Revised baii 20 kstabilsh
4 TxO-JUSINE TRIBUNAL AGAIN
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ness In courts OF Justices Of the peace,
MAS declared TO be unconstitutional by
the Supreme cour. or the State. Not
withstanaing this abrupt disposal Of the
question by the Supreme Court, sena-
tor Doran proposes TO introduce an
other bill at the coming session, which
WILL be free from the constitutional OBJ
leetlons urged against the other one,
and At the same time contain all the
changes necessary to effect a salutary
and unprejudiced administration of the
law IN these local courts of inferior
jurisdiction. Before noticing the salient
features OF the proposed law. il might
not prove uninteresting 10 inquire into
the primary establishment. conduct
and jurisdiction OF the justice OF the
peace. The average historical mind
will travel backward lengthy
distance, or as the lawyers are
wont 10 say, "to the time when the
memory ofman runneth not to the con-
trary," IN English history before the
beginning of the Office of Justice of the
Peace will be found. 1t originated at a
period little remote from the druidical
era, when the land was wild. rude and
uncultured. In 1885, under the admin
istration of sour English Justinian,"
Edward L., there was enacted the stat
ute OF WInton, which was declared to
be the foundation of modern laws. 1t
recited that from day to day "robber-
les, murders, thefts and burning be
more often used than they have been
heretofore, and felons can not be at
tanned by the oath OF jurors" and en-
acted that ''hue and cry shall be made
upon the commission of "A robbery, and
that the hundred shall remain answer
able for the damage unless the felons
be brought to Justice" 1t was to en-
force this act that knights where APP
pointed IN every shire, under the name
of conservators of the peace; a name
which, as the benefit Of these local
magistrates was more sensibly felt and
their powers moro largely extended, was
changed INTO that which they still re-
tain, OF justices OF the peace. The
title, justice of the peace, has not in.
varlably meant the same thing. For
instance, county courts in Virginia,
during parts of the eighteenth century,
were holden by four or more justices of
the peace. But while varying slightly
IN the method of their creation and as
to their powers and duties; it is certain
that the office is substantially the same
everywhere, and especially in the dis
tinctive value which attaches to the
office, viz: the power to prevent
breaches OF the peace and to examine
persons charged with the commission
OF crime or mlsdemeanor, and to hold
to bail to answer In the upper court, or
In default of bail to commit to Jail.
From the original institution of the
Office many changes, more or less
sweeping II character, have been made,
as advancing civilization and increasing
demands of public business have de-
manded. In New York, two justices of
the peace sit with the Judge of
the county court in the sessions
wherein many criminal matters
triable in the oyer and terminer are
heard and decided. In Oregon in 1884
the number OF justices for each town.
snip IN the State was reduced, by
general aCl, from -four to two. In
other States the jurisdiction of the
justices courts has been narrowed and
abridged until their powers are little
more general and conclusive than a
simple court of arbitration. The first
step taken in Michigan To simplify the
practice in these courts was the creation
OF the justices courts for the city of
Detroit. TINS court is composed of the
four justices of the peace, each of
whom receives n salary of $500 per
snnum. One clerk answers the necessi-
ties of all four Justices. A qualifica-
tion is made In the act itself requiring
that persons to bc eligible tor this office
must be attorneys and couuselors. The
only other move In the direction of
simpitication, was the bill affect
ing Grand Rapids which was killed by
the Supreme Court. The necessity for
a wise and constitutional act Is appar-
eut- As the law now stands, justice
OF the peace IN n city ike Grand Rap
ids, Is more or less influenced IN his
judicial DEGREES and judgments by the
certainty of securing hIs fees. The fact
that good action may DC commenced
by plaintiff IN no wise pTecludes the
pOssb billty that there may be good
defense, and get many times, judgment
- rendered BY justices, not 20 much
upon the merit of prosecution or de-
fense, as upon the assurance OF Sc
caring the fees. Justices of the peace
are lodged with discretionary powers
luferIor 10 those of no other nagls-
trates, IN some cases. They therefore
should be men OF sound knowledge of
the law, as we'll "a discriminating ludg-
ment. lt IA, perhaps. unnecessary to
make extended mention of otner OBJ
vious reasons why a change IN the
judicial system OF justices courts in
f; Grand Rapids from the ancient form
inaugurated by Edward /, should be
made. The fret attempt to make the
change failed. because tie Legislature
attempted 10 ieg.slate men out OF
office, or enacted law that was ex
post fscto or retroactive. 1t e, or was.
claimed that the statutes OF the state
were So directed as to enmeSh and IN
teFtslne the accepted number OF JUS
tees, four, that 70 lessen the number
would invalldate al the statutes them
selves. Tbs position = hardly tenable
n the light Of Section l., Act Of the
{ Constitution OF the state. which pro-
v,des that the number Of Justices feT
any township shall not exceed four,
hence All avs enacted upon a bass Of
the Raxinum number, four, are them
selves subject 70 constitutional ehiec-
ton. The fact . that the only reason
on earth Why foSr Justices are allotted
and elected IN city containing ~, COO
people and township iahAb ted by SO.
= because Of the undylns greed of the
posnclsn for ofSee. ard WHIST there =
IN q. No rs7eCtrg man VII contend