The Owosso times. (Owosso, Mich.) 1897-1926, 1908-07-17

| ERAL Law, By II NV O-Ir1IttDo
VOTE OF THE MEMBERS ELECT
| ED TO EACH HOUSE.
The added portion in capitals changes Sec.
! 1, Art. vi of the present constitution so that
additional courts may be created by the leg
| islature. The two-thirds vote WILL II Is be-
| lieved, guard against the creation OF I'M
| necessary courts.
The Supreme Court
Sec. 2. The supreme court shall con-
| sist OF one chief justice and associate
| justices, to be chosen by the electors
of the state at the regular biennial
spring election; and not more than
two Justices shall go out Of office at the
same time. The term of office shall be
| prescribed by law
| This section recasts Sec. 2. Art. vi of the
present constitution.
Sec. 3. Four terms of the supreme
court shall be held annually at such
times and places as may be designated
| by law.
No change from Sec 4, Art. vi of the pres
ent constitution.
Sec. 4. The supreme court shall have
| a general experimenting control over
| all inferior courts; and shall have
power to issue writs. of error, habeas
corpus, mandamus, quo warranto, pro-
cedendo and other original and rene
dial wrts, and to hear and determine
the same. In all other cases 1t shall
have appellate jurisdiction only.
No change from Sec. 3, Art. vi Of the pres
ent constitution.
Sec. 5. The supreme court shall by
| general rules establish, modify and
amend the practice in such court and
| in ALL OTHER COURTS OF REC
ORD, and simplify the same. The leg
| islature shall, as far as practicable,
abolish distinctions between law and
| equity proceedings. The office of mas
ter in chancery is prohibited
N col Oh he oil of the
words the circuit courts" in Sec 5, Art. VI
| OF the present constitution so as to extend
the rules or the supreme court to all courts
OF record. No other change is made in the
| section.
Sec. 6. The supreme court may ap-
point and remove its clerk, a reporter
| of its decisions and a court crier, each
| Of whom shall perform such duties and
| receive such salary as shall be pre-
| scribed by law; and all fees, perquisites
and income collected by the clerk shall
| be turned over by him to the state
treasury and credited to the general
fund. No justice Of the supreme court
| shall exercise any other power of APP
| pointment to public office.
This covers portions of Secs 10 and ~ Of
Art. vi OF the present constitution. 1t adds
the appointment of court crier to the pow
| ers of the supreme court and determines
that the clerk of the court shall be paid a
| salary prescribed by law, and that all fees,
| perquisites and income collected by him shall
change. it is believed. will result in sub
stantial net revenue to the state after pay
ment to the clerk of fair compensation.
The other provisions of those sections are
covered by Secs. and IL of this article.
Sec. Z. Decisions of the supreme
| court, INCLUDING ALL CASES OF
MANDAMUS, QUO WARRANTO AND
CERTIORARI shall be in writing
with concise statement of the facts
and reasons for the decisions; and
shall be signed by the justices con-
ourrng therein. Any justice dis
sentng from a decision shall give the
reasons for such dissent in writing I'M
der his signature. All such opinions
shall be filed in the office of the clerk
of the supreme court.
The foregoing revises part of Sec. 10, Art
vi OF the existing constitution. The words
in capitals indicate additional proceedings in
the decision of which the supreme court shall
hle written opinions. Such proceedings fire.
quently involve important questions of law
and the written opinions therein will mate
rally benefit litigants and the general public
Circuit Courts
Sec. s. The state shall be divided
into judicial circuits in each of which
there shall be elected one circuit judge.
The legislature may provide by law
for the election of more than one cir
cult judge in any judicial circuit. A
circuit court shall re held al least four
times in each year in every county Or
ganized for judicial purposes. Each
circuit judge shall hold court in the
county or counties within the circuit
in which he is elected, and in other cir
cults as may be provided by law The
legislature may by law arrange the
various circuits into judicial districts,
| ard provide for the manner of holding
courts therein. Circuits and districts
may be created, altered or discontinued
by law, but no such alteration or dis
tH, Inn he -
move a judge from office.
This section combines Secs. g. and II,
Art. VI OF the present constitution, except
that all provisions in Sec, 8 for the counties
named therein are omitted and certain
changes made in phraseoogy. Circuit courts
are required to be held four times instead
of twice, in each year, in every county or
ganiZed for judicial purposes.
In addition the legislature is granted power
to combine the circuits into judicial districts
and provide the manner of holding court in
such districts. 1t was the opinion Of the con-
vention that the judiciary would be strength
ened and elevated by adopting the system
of rotating judges. Under such system the
several judges in a district would not hold
two terms in succession in the same circuit;
but after holding one term of court in a
designated circuit such judge would not
again hold court therein until he had held
at least one term Of court in each Of the
other circuits in the district. This method
friends or neighbors of such judges are lit
eating their claims, or when prejudice or
excitement is prevalent in the locality or
county of judges residence which atmos-
phere might naturally be supposed to in
fiuence the attitude OF resident Judge more
or less. 1t, also, frees the Judge from any
temptation to engage in the contentious OF
party politics, and removes the judiciary as
far as possible from any suspicion that the
administration Of the law is in any degree
dictated by political considerations.
Sec. 9. Circuit judges shall be elected
on the first Monday in April, nineteen
hundred eleven, and every sixth year
thereafter. They shall hold office for
a term of six years and until their sue
cessors are elected and qualified. They
shall be ineligible to any other than a
judicial office during the term for
which they are elected and for one
year thereafter.
This section corresponds with Sec. 90 Art.
VI of the present constitution with certain
changes In phraseology, the last sentence
being taken from Sec 8, Art. VI Of the pres
ent constitution.
Sec. 10. Circuit courts shall have
original jurisdiction in all matters civil
and criminal not excepted in this con-
stitution and not prohibited by law,
and appellate Jurisdiction from all in
ferior courts and tribunals and a SUI
pervisory control of the same. They
shall also have power to issue writs Of
habeas corpus, mandamus, injunction
quo warranto and certiorari and to
hear and determine the same; and to
issue such other writs as may be nee
essary to carry into effect their orders
irJo opd danreae md Ciya thap,