Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-02-26
THE ELECTION or JUDGES.
Mr.. Hmrdawsy's Argument In Favor
of n Constitutional Convention.


SUNDAYS Dispatch contained an edi-
torial upon an article l wrote for the
Roanoke Evening World. advocating the
election OF judges and other State off,
cers bv the direct vote OF the people.
The Dispatch did not define Its position
mon this important subject. but rather
indicated that such a method OF selection
might possibly Africanize some Of our
judiciary In the black belt. ] do not
IN nix such a lamcntable result would
follow In any event. there are many
WAYS by which such a calamity could
lee prevented. There are numerous good
reasons why our judges and other Off
GERS should be elected by the people !:
and this l think has been clearly shown
in my other articles on this subject.
Many great States for years have elected
their judiciary by this method, and with
the most satisfactory results. Even con-
scrvative Virginia, prior 10 the war. Sc
cured most excellent judges in this way;
and ! think | can safely say. without
drawing an invtdious comparison. that
these judges and their decisions will COM
pare most favorably with any we have
had since the war. In any event. the
decisions OF that day were not charac-
teriZed by feeble legal acumen OF pitt
able judicial mediocrity.
CLEARLY DEMONSTRATED.
This the memorable test OF time has
clearly demonstrated. and Is well under
stood by informed Judges and lawyers
In and out OF the State. Then, too, II Is
oUtrageously undemocratic 10 take this
perogative from the people. and give IT
to the Legislature. II the people cannot
honestly and intelligently exercise this
great function. how can we hope that the
Legislature. their agent. Will. or could.
do so more .acceptably? The agent is
not apt to be more intelligent or more
honest than the principal But. what
ever may be the best method to select
our Judges, every one who has carefully
investigated the subject Will readily say
that the best interests Of our people i'm
peratively demand a thorough reoTganiza-
ton OF our entire judicial system; and,
therefore, IL IS absolutely necessary for
us to have constitutional convention.
that this may be properly done without
further delay. We have too many judges.
our judicial system costs too much for
the work that is done. Like the "old
man of the sea-" IL IL a heavy incubus
upon thp Commonwealth that cannot
readily be thrown off. Its ponderous ma
chiLery and its terrapin-like movements
in the administration Of justice nave
driven our people almost to desperation;
and their overburdened souls have too
often sought relief by mob vio-
lonce and lynch law. We have
five Supreme-Court Judges eighteen
Circuit-Court judges. eighteen Cor
poratiOn-Court judges, two Equity
Court judges, nearly one hundred county
court judges, and at least nine hundred
justices of the peace In the counties. 10
If in oil g., ia
therefore. as numbers are concerned, We
are certainly most abundantly provided
with judicial officers. They are with US
all the time.
THE WONDER OF 1T.
The intolerable delay and miscarriage OF
Justice Is not. however. attributable to our
judiciary. When we consider the cumber-
some and foolish system that continues 10
sap the life out of our State II is a won
der that they should have done as well as
they have. The Supreme Court has
appellate jurisdiction only, except in cases
OF habeas corpus. mandamus. and pronibi-
ton. The Circuit and Corporation Courts
have practically exclusive original Jurls-
dction In all common law and chancery
cases she Corporation Court has exclu-
sive Jurisdiction In felonies occurring in
the city limits or within n mile thereof.
The Circuit Court has concurrent jurisdic-
tion in criminal cases punishable with
death with the County Courts, and
appellate jurisdiction in all criminal cases.
The County Court has n very limited civil
Jurisdiction but has original jurisdiction
In all criminal eases. Magistrates Courts
are confined to the trial of small civil
cases and 10 the trial Of petty INSIDE
mcanors. Practically. therefore. all Of
the civil business Of any consequence Is
"a l.x Ia. nj n
ton Courts. The Circuit Courts are
held not less than twice year.
and the County Courts monthly in each
county. The terms of the Circuit Court
are so far apart and there are so many
contingencies that may arise before a
trial can be had that litigants are nearly
driven to despair before they will resort
10 that forum for the settlement of their
controversies. The County Courts juris-
diction in civil cases is so restricted that
no relief can be found there. and for all
purposes Of that kind Is practically worth
less.
INCOMPREHENSIBL
Why our wise legislators should have
thought our county Judges fully capable
Of trying "A citizen for his life and yet
were not willing 10 entrust them with
civil jurisdiction where property rights
only are considered, is an incOmprehensl-
Bile fact 10 me This cumbersome and
inefficient arrangcm- mt should be discard
ed at once. Surely something better can
b. secured. The Circuit. Corporation, and
County Courts should be done away with
entirely. To retain such an antiquated
and useless system is injurious TO every
interest OF the Commonwealth This has
been fully demonstrated to all thoughtful
people. There are many judicial systems
preferable 20 ours; but II seems TO me
the state should be divided into about
thirty judicial districts. for each OF which
judge should be chosen. and there should
b. held a district court in each county
and city monthly. To continue for such
time as may be prescribed by law. Every
Judge should reside in the district for
which he Is elected. and his term be for
the period of eight years. The judges
should preside in the courts of the differ
ent districts successfully, but no Judge
should hold court in the same district
more than once In two years These
judges should be voted for all over the
state. just az the presidential electors
ana the Governors of the respective States
are elected. and they should have the
same original and appellate jurisdiction
in civil and criminal cases that the Cir
cult and Corporation Courts now have.
For each of these districts there should
ne eltcttd by the people thereof Com
monwealth's attorney. who should hold
Office for four years. and prosecute on
behalf OF the State all criminal cases In
his district
SCHOOL SUPERINTENDFNTS
There should be elected, also. in the
same way. for the period of four years.
superintendent Of public schools Tor
each district. All OF these officers should
be well paid. should hold no other once.
and be required 10 give their entire time
TO the duties of their respective positions.
The jurisdiction of the magistrates
courts should be literally enlarged. and
In cities and counties where 1t may be
necessary additional courts may be es-
tablished. This plan is. think, entirely
feasible. and would work we'll by its
adoption. great expense would be saved
TO the State. better judges secured Jus
tice more speedily and more efficiently
administered. the credit OF our merchants
and other citizens enlarged mob violence
and lynch-law done away with, and the
peace. happiness. and prosperity OF all
OF our people greatly promoted thereby.
These are a few OF the benefcent re-
suits that would follow. This judicial
system or one similar 10 II has been IN
operation in some of the states for many
years, with most satisfactory results.
There are other good reasons, however.
why our Constitution should be revised
and amended at the earliest possible day,