Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-07-27
RAPIDS MICH. WEDNEsDAY MoRNING. JULY 81 1882

tiers brought before il by htxants and
pubic officers When Il wss occsaea
10 have an elective judiciary feAns
we're entertained in some quarters thai
the system wonld be destructive OF the
Independence Of the judges. douos
whether this has been the case
Lesxsr ysdsetAa Term Ne.asa-
Michigan has adopted the elective
system. aud il 10 doubtful II the people
would vote 70 substitute the other
plan. Az the same tune II may he
considered II the tenure Of Office 10 not
too short. Under the elective system
We should mitigate as far as possible
the personal obslgstApn Of the judge 10
the itigAnt and ~ political parties, and
leave HIM wholly free in the exercise
Of an honest judgment, unprsjudicod
and unbiased by fear OF by favor. l
suggest that the judges Of our supreme
court should hold their offices for
period of At least iifteen years, and
that they should not be eligible for re-
election.
All practicing lawyers have seen ths
absurd results often attending trial toy
jury. After the parties 10 . suit have
spent . large amount OF tune and
money IN the prepaT alton and trial Of =
cause il sometimes happens that q
minority OF one or two jurors defeat =
final decision and that, too, upon some
abeurd theory or reason not legitimate
ly In the case or perhaps . reason
which could not be safely stated We
are content in our appellate court 70
have causes finally disposed of by =
majority Of the judges: ia arbtratlons.
made up usually of three persons. We
are content 70 have the concurrence OF
two; and yet in an unwlediy body COM
posed OF twelve unframed men We re-
quire that all shall concur IN = verdict.
do Not W Warrans secsnd Trial.
A large percentage Of the cases sub
mitted 10 the jurles do not warrant the
outlay OF second trial and | fancy u
defeated party would be Just ss con-
tent If the verdict should he by, say,
nine Of the Jurors AS though eli had
concurred. Under our present system
one mind may be equal in weight To
the remaining eleven; plan which
permits one man through motives of
dishonesty or through stupidity to de-
feat the united efforts of eleven
others. l firmly believe that IN this
respect there should be a change and
that IN jury trials y verdict of iess than
the whole number should be- accept
able.
Under our present laws the legisla-
ture must assemble early in January
,s.S tnn1 a =
their sweet will dictates. There il, of
course, q certain amount of legitimate
business which calls them together, but
l doubt whether this duty need or
should be allowed TO occupy more than
four months. Apart from everything
else the Legislature is an expensive body
and in late years especially the method
of the members in failing TO promptly
attend TO what there is Ia do and in
continuing the session beyond all reason
| has come to be an abuse and Il by word.
1t is explained that large part Of the
time il occupied IN passing upon
amendments TO the charters OF muni-
pal bodies. In some of the states q
uniform law ia respect 70 municipal
charters has been adopted aud mas been
found satisfactory. The right OF the
people Of town or q city 10 go 10 the
legislature each year and Mrangle oyei
proposed amendments Is of doubtfu
value to the municipality IN question
To Expedite Legislative Business-
On the other hand If brought under
q uniform plan the public business
could be much more readily performed
q vast amount of litigation would bt
avoided and the people in interes
would be far better Off; but II specia
charters are still TO be tolerated tber
there 10 no sense in vesting liz the legs
Iature the power to grant or alter them
1t would be much more simple, mex
pensive or satisfactory to provide 1
commission or committee which should
have power over the whole subluct AND
thus avoid the excuse for st least sixt,
days of the legislature.
The people OF this state have beer
especially fortunate in the pcrsonnc
Of the judges of the court of last re
sort; they have been not only men %
high character, great learning and un
doubted integrity, but they have alss
to The last degree been industrious il
the performance OF their duty. Within
the last ten years, however, the bushes
of the court has been 50 far increase,
that it has been physically impossible,
to decide all the cases promptly and a
the same time give TO them that con
sideration which should he gwen by tn
court of last resort in . great state
and which the lItigapts have . night 4
EXPECT. The members of this assocla
ton present at the last annual meetins
were greatly interested in \ paper rea'
by Chief Justice Champlin on this sub
iect. His statement of fact and hi
words of warning were startling q
most OF those present, but ! know n
no steps siace taken 10 remedy what !
Q confessed evil.
Matters Continually Growine Worse.
Since that paper WAS read the situs
ton has gore from bad TO worse an,
the court has gwen up all hope O
keeping up, adjourBing the April tern
without finishing its calendar. Tn
June term amply left matters IN
worse condition still. The explanation
il found in the increase of business an
il 10 the duty Of the legislature TO pro
vide some remedy for the future.
haa been suggested that the busIness @
the court of last resort must he de
creased. There are one q two dihef
ent metods Of bringing this aiout. A
. rule circuit judges are not ove'
worked. The state might be divides
into judicial d.stricss and three or NOR
judges might sit together and IN sum
mary and inexpensive way listen % ~
| peais in all casee where the amount II
dispute might he less than say 500.
would seem that an appellate court @
| thts cha rs r.ler would come as near do