The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1908-06-26

the same. In all Otner cases III snail
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.
The words In capitals take the place OF the
words the circuit courts" In Sec. 5. Art. VI
or the present constitution so az to extend
the rules OF the supreme court to all courts
~ record No other change Is made In the
section.
Sec. g. The supreme court may ap-
point and remove its clerk, 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 10 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 II OF
Art. vi or the present constitution. II 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
salary prescribed by law, and that ali fees
perquisites and income collected by him shall
be paid into the state treasury. which
change, 1t is believed, will result in a sub
stantiai 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 a concise statement of the facts
and reasons for the decisions; and
shall be signed by the justices con-
curing therein. Any justice dis
senting from a decision shall give the
reasons for such dissent in writing un-
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. TO- Art
vi or the existing constitution. The words
in capitals indicate additional proceedings in
the decision OF which the supreme court shall
file written opinions. Such proceedings fire.
quently involve important questions of law
and the written opinions therein will mate
rally benefit ltigants 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 be held at least four
times in each year in every county or
gained 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
nrtS fhar nd trio
may be created, altered or discontinued
by law, but no such alteration or dis
continuance shall have the effect to re-
move judge from office.
This section combines Secs. g. 7 and II,
Art. VI of the present constitution. except
that all provisions in Sec. for the counties
named therein are omitted and certain
changes made in .phraseology. Circuit courts
are required to be held four times, instead
OF twice, in each year. in every county
gained 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. II 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
would relieve judges from presiding when
friends neighbors of such judges are lti-
eating their claims, or when prejudice or
excitement Ia prevalent In the locality or
county Of a Judges residence, which atmos-
phere might naturally be supposed to in
nuence the ottitude OF resident judge more
or less. II, 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 in ligible to any other than
judicial Office during the term for
which they are elected and for one
year thereafter.
This section corresponds with Sec 20, Art.
VI Of the present constitution with certain
changes in phraseology the last sentence
being taken from Sec. 9, Art. VI OF the pres
cnt constitution
Sec. 10. Circuit courts shall have
ORIGINAL iurisd ction I'm 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 su-
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 10
issue such other writs as may be nee
essary 10 carry into effect their orders
and DEGREES and give them
general control over inferior courts and
tribunals within their respective iuris-
dictions, and in all such other cases
and matters aS the supreme court shall
by rule prescribe.
No change from Sec. s, Art. VI OF the
present constitution except for the purpose
of improving the phraseclogy.
Sec. II. The clerk Of each county or
ganiZed fer judicial purposes shall be
clerk of the circuit court for such
county. The judges Of the circuit
courts may fill any vacancy in the of
fees Of county clerk or prosecuting at
torney within their respective jurisdc-
tions but shall not exercise any other
power of appointment to public office
This section revises portions OF Secs. 10
and r. Art. VI of the present constitution
without changing their effect.
Sec. II. Each Of the judges of the
circuit courts shall receive salary
payable monthly. In addition to the
salary paid from the state treasury.
each circuit judge may receive from
any county I'm which he regularly holds
court such additional salary as may be