The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1911-08-31
REVISE The
CONSTITUTION"
Same Demand Was Made By
People In FOTtlGS.
THE JUDICIARY OF THE PAST
An interesting Discussion Of Courts
Before Present Constitution Was
Effective--The Cry for Revision.
BY PROF. c. 8. GAL5REATH.
(Former Ohio State Librarian.)

GHSSbNe-Ine STy TOT REVISION.
BY PROF. c. 8. GAL5REATH.
(Former Ohio State Librarian.)
Briefly summarized, the article of
the constitution relating to the judi
ciary provided for a supreme court of
three members. After 1917 the num-
Der coull be increased to four. The
judges had original and appellate
Jurisdiction in common law and chan
cery lin such classes as directed by
law" conserved the peace throughout
the state and held court once a year
in each county. Provision was also
made for courts of common pleas.
The state was divided into three cir.
cults, with a president judge in each
Not more than three nor less than
two associate judges were chosen in
each county. A president Judge and
not less than two associate judges
constituted quorum for the trans
action OF business in the common
pleas court. Justices of the peace
were chosen by popular vote. All
judges were chosen by the general as.
sembly, and the road to the judicial
ermine was not infrequently through
that body. The ambitious candidate
was often first elected to the House
or Senate where he could take a hand
at the log rolling for higher honors.
If not member of the legislature he
had in that body band of retainers
looking after his interests"
In spite of the subordination of the
judiciary, there were sometimes clash
es between that department and the
legislature In 1907 occurred SEN
sational encounter, Judge Pease,
President of the Third Judicial Dis.
trict, decided that the law passed by
the legislature, giving justices of the
peace jurisdiction in cases exceeding
twenty dollars, was unconstitutional.
In this he was sustained by Judges
Huntington, and Todd of the supreme
court For this exercise of authority,
Judges Pease and Todd were brought
to time" and impeached by the gen
eral assembly. Judge Huntington was
elected governor, and for this reason
charges were not preferred against
him. The other two judges were
tried before the State Senate, sitting
as high Court of Impeachment and
acquitted. Not satisfied with the at
tempt to remove these judges for de-
Claring law unconstitutional, the
legislature in 1910 demonstrated its
absolute ard irresponsible supremacy
by passing the famous sweeping
resolution" which removed all judges
Of the supreme court, of the court of
common pleas, and justices of the
peace. 1t is needless to say that this
precipitated almost endless confusion
With the rapid increase Of popula-
tion the courts were soon far behind
their work. They were so clearly in
adequate to the demands upon them
that as early as 1917 Governor Wirth-
ington suggested the calling of
convention to amend the constitution
Governor Brown in 1918 renewed the
suggestion, and year later, in his
annual message to the legislature,
strongly recommended complete re-
vision of the judicial system. "The
plan" said he, that might have been
sufficient in 1909 is but i'll adapted
to the altered state of our affairs in
1919"
The proposition to call a convention
was submitted to the people in the
fall of 1919 and overwhelmingly de-
| feated, the vote standing for the con.
vention, 6,987; against it, 29,315.
There was, however, among those
| who had to do with the courts
continued and increasing demand for
| the reform of the judiciary. Governor
| Shannon in his annual message of
1S47, spoke emphatically on this sub
| ject.
"The only defect in the constitution
as applicable to our present condition,
which, in my judgment, could justify
| call of a convention to alter or
| amend it, consists in the defective
| organization Cf our judicial system
and a total inability of our supreme
court, under the existing form OF the
| constitution, to transact the mass Of
business brought before it. The con-
stitution limits the number of judges
of the supreme court to four, requires
two to constitute quorum to do busi-
ness and directs that the supreme
court shall be held once year in
each county of the state. 1t
has become so loaded down with busi-
psss as to render it impossible for the
fudges, with all their known industry
and talent, to dispose of it In a man.
ner satisfactory to themselves or with
due regard to the rights Of parties"
In an address delivered before the
Ohio House of Representatives, Janu-
airy 16, 1S47, Clement l.. Valanding-
ham said on the same theme'
Now the number Of counties-and
they are rapidly increasing-is eighty
two; so that these four judges are re-
uuired to hold no less than eighty.
two separate courts in each and every
year, flying for that purpose over the
whole vast territory of Ohio.
Only think, sir, of your supreme court,
the last depository OF the tremendous
powers and Possibilities OF the judi
| ciary, turned into a flying express
and running a tilt against the wind
on a trial of speed; today at Cleve-
land on the Lake, hanging a man by
the neck till he is dead; tomorrow in
Cincinnati consigning some hopeless
wretch to the ignominy and the hoE-