The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-01-06
CONCERNING THE JUDICIARY
ABLE PAPERS BY O. o. BLAKE.
or EL RENO


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IN' HiNi''' WV '''''
Having now uttered these sage ad-
moniuons ] viii myself $50 FAR dsre-
gard them as To make possibly quio-
tic attack upon an ancient institution,
at my first step recomcndinH "a reform
OF or entire abolishment off, the plan of
organization of Justice of the peace
courts.
1t is my opinion that these courts as
they exist form am aromoiy 900 our sys-
tenn of government. and are a trouble
some relic of primitive conditions. ]
have not taken the pains to trace care
fully their origin and do not doubt that
it was justified by the condition of the
times, since from the old books we
learn that the office is very ancient and
that it existed In England prior TO 1921
conservators OF the peace being chosen
by the free-holders of each county
from the principal men of the county
and that a change was effected by a
statute OF Edward III. after which they
were appointed by the crown. and took
the title from the language of thel
commissions which directed that they
keep the peace i'm our county of -
and keep an ordinances and statutes
for the good of the peace chastise
and punish an personsc that offcndf
inquire by the oath OF good ana lawful
men of all manner of felonics poison
lngs, enchantments, sorceries arts
magic etc" that the honor Of the pos
ition was conveyed upon the most cm-
inent men of the county, and was its
only reward. by reason of which tn,
Justices OF the peace became known as
the great unpaid"
While tirosc Justices had the various
powers above enumerated. the prlucl
pal business, apparently transacted
was the "hning and imprisonment o
servants who break their engagement
for that if there was no speedy like
this the mischief caused 10 the master
might often go unredressed." Here O.
may be- seen that the office had its or
| ign, and owed its continuance, To tha
primitive disregard of the rights of IA,
poor ana loWly. which denied them the
| application of the refined principles 90
| legal science to their controversies. W.
however. have arrived at "a period 10
human history where the bcggers mit
and the servants liberty are as sucre,