Bisbee daily review., 1903-01-18
PROPOSED DISTRICT COURTS

One of the important matters which it is understood will come before the legislature this winter will be the es- tablishment of territorial district courts which would supplant those now held by the federal judges. ShuoId such a bill become a law it would provide for the election of dis trict judges in the four Arizona judi cial districts. The propisition is not new one and has been advocated in the past. If such courts can be pro vided and sustained without any ma terial increase of expense it would the excuse given by the present judges for not clearing the court dockets promptly is that their other duties will not permit them to do so The addi- tional cost of such courts would be only the matter of providing a salary for the judges, which would be fixed at not more than three thousand dol lars a year. The territory now pays the present judges $500 per year. which of course would be withdrawn The present salary of the court report CTS in Arizona is outrageously high. They now receive a salary of fifteen hundred dollars per year and their travelling expenses, besides 15 cents per folio for copies of all transcripts furnished to litigants. A salary of five hundred dollars per year with travel ing expenses would no doubt secure efficient reporters in all the courts where they would be required and their fees for transcripts would make it a good fat position This would leave but $500 short in each district. Several years ago in connection with an effort to establish territorial courts it was proposed to give to the courts probate jurisdiction and do away with the probate judges in the several coun- ties. This, it was argued. would en- able the territory to sustain the ter ritorial courts at no additional ex- pense.
 This proposition when it was dis cussed before met with general ap- proval among the attorneys of the ter Titory, who complained that the inter- ests of their clients often suffered be- cause of the slow disposition of busi- ness under the present judicial system of the territory. If these courts can be provided for without any material increase of expense We do not believe any objections could be urged with reason. The present judges are prob- ably as good as any we have ever had or will have in the future but the fact remains that they hold their positions by appointment by the President, who may send whom he pleases to preside over the courts of Arizona As rule. appointees to the bench have been strangers who arrived here simultan- eously with their commissions This is not pleasing to our people nor never will be. If territorial courts are pro yided the people of the territory will have the choosing of those who are to sit in judgment on their rights when they become litigants.
 There is no question about the terri tory having the right to establish such court as is proposed. The organic act authorizes the creation by the leg islature of courts of equal and cor current jurisdiction with the present district court. The only limitation imposed on the power of the legisla- ture in the creation of courts is that the courts created shall all be inferior to our supreme court. This limitation is provided by section 1908 of the or ganic act.
 There may be reasons why such a court as proposed would not be advis- able, but at the present none is sug- gested to the Review, provided the courts will not increase the present court expenses.