Courier Democrat. (Langdon, N.D.) 1891-1920, 1906-05-17
INCREASED COURT JURISDICTION.

aQdltlOnal interest VIII NC given lho
primary election from the fact that at
that time the voters will also be called
upon to cast their ballot for or against
the question of increased jurisdiction of
the county court. Up to the present,
that is since the question of increasing
the Jurisdiction first became agltated,
nearly everything in the way of editorial
comment on the matter has favored
the increasing of the Jurisdiction of the
court. With a view to presenting to its
readers both sides of this question.
which is certainly one of great import
ance to the people, we this week repro
duce the following clearly outlined
editorial argument against Increased
jurisdiction taken from the last issue of
the Hannah Moon:
Perhaps the most vital question be-
fore the electors Cavalier county at the
present time is that of increased juris-
diction for the county court. \ petition
duly signed was presented to the board
of county commissioners at the last
meeting calling for a vote on the ques-
ton and the board granted the petition
and fixed the date for voting upon it
for June 10th.
That there are some advantages is
admitted and these are being set forth
at some length by the other county pa
pers. These we shall not dwell upo
but there are some features of the sys-
TEN that make it far from being an un-
mixed blessing. No doubt it would be
a benefit to the lawyers of the county
and in many instances would also be in
the interests of speedy justice. AS We
understand the law, however, bearing
on increased jurisdiction there are some
serious objections that must not be
overlooked.
First, if the vote carries, the county
has no power to repeal it: that can be
done by the state legislature and then
only by special act.
Second, as a session of such court
must be called for the first week of each
calendar month there is no guarantee
that it will cut expenses. With a popu-
lation of over $4,000 it is only a matter
of two or three years until the $4,000
mark is reached and then the salary OF
the county judge will jump to $500 a
year. He has the power to employ a
bailiff and a stenographer at a possible
salary of from $1,000 to $1,000 each.
Third, it places the selection of juries
in the hands OF the county judge instead
of drawing by lot as at present in the
district court. This we consider g
serious defect as a crop of professional
jurymen might develop under the sys
tenn.
Fourth, as district court spring anc
fall sessions must be held at the county
seat and would in all likelihood over
run the time fixed by law for count,
court sessions, an additional wing for
court room would have to be built.
Fifth, practically all criminal CASES
now tried before justice courts would
have to be handed over to the count,
court. That is, no conviction could b'
secured in a Justices court. The jus
tice could give only a preliminary hear
ing and pass the case over to the county
court for conviction or acquittal. Thi5
would involve double expense both t.
the state and the accused. Witnessea
would have to be produced twice ever
in petty cases and at the county cour
held over to await the turn of that ca,
on the docket. 1t would be a distinc
hardship to restrict the powers of
justice of the peace in this way.
Sixth. at the trial in the county cour
when the state has disclosed all its evi
deAce and passed conviction the accused
can appeal to the district court withou
stating cause. From the ruling of tn
district court which holds only concur
rent jurisdiction with the county cour
the criminal could appeal as now to tn
supreme court. In felony cases, 0
jurisdiction but in petty crimes witt
two cOurtc nn60uaI with cin,i1 q
power and power of appeal given
no one can argue that this increase O
judicial machinery will be economical.
Seventh, as the time between courts i
short there is less chance of person
charged with petty crime in the justic
of the peace court obtaining bonds, an
hence the sheritf's boarder list woul
probably grow. Finally, on mere tect
nicalities the power of appeal is SOM
times abused now, much more woul
litigation be increased with an extr
court with appellate jurisdiction. Gran
ed that in the interest of justice, court
should be easy of access to every MAJ
still it is reversing the order to tie tn
hands of the peoples courts, the justic
courts.
Of the three counties in the Sevent
judicial district, Pembina and Walls
have each practically four terms annua
ly and there is no just reason why Cav;
lier should not hav, the same numbe
The two terms held in this county no
are at a busy time spring and fall whe
men find it a hardship leaving farl
work to serve on a long term jury.
midsummer and a midwinter term at
ded to the two we have would remoy
half the argument used in favor of il
creased jurisdiction for our count
court. Give us four terms of distri'
court and leave the county and justit
courts as they are and we shall in a
probability have less litigation, lie
expense and more justice.
NJ, 4I.A Cnm.. C,..ja, :