Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1911-01-05

supreme court meets anu uuueT the
constitutional amendment just ad-
opted by the people, the supreme
court is authorized to cali in district
Judge whenever a justice Of that
court is disqualified or unable by
reason of illness or absence to act
Ii you'd not embarrass the cause of
Justice in either of such districts If
the supreme court should sec lit to
call on one of the judges to sit as part
Of such court.
! most earnestly advocate the en-
actment of the above suggestions in
to a statute which will take effect
Immediately after It's approval, and
believe IL presents such an effective
remedy that it will cure all the evils
of our present system.
Should these suggestions not meet
with your approval, some other action
be taken, as a contingency confronts
rs that must Immediately be met
One of the counties of the Sixth or
Seventh judicial districts should be
led to the Fourth district and new
district created | advise immediate
action in this regard. as the stress
Of business in the several counties
has been such during the past year
that one of the most effective and
satisfactory judges who has graced
the bench in Idaho has, by his ear
nest efforts to carry on the business
of the district. so impaired his health
that for time it was feared the
state would be deprived of his val
ned services. The small salary at
tached to our judicial Offices cause
Al. tr.r. For
or attached than by reason of the
salary paid. ANY of our judges could
in private practice double the amount
Of his salary We may continue to
underpay our judges but we should
not in addition overwork them. This
Is not the only district where relief
Is necessary. as there Is a press of lit
igation rendering assistance hides
Densable in other districts, although
oerhaDs not in such marked degree.
One new district in the northern and
one in the southeastern part of the
state should be created in addition
20 the district above referred to in the
event you do not favor the proposed
suggestions of a dual system.
Non-Partisan judiciary.
No state has been favored with
Judges, both in our supreme and dis
trict courts. who have been more hon
est and efficient than Idaho. Both
political parties have at each recur-
ring election taken pride in selecting
men for these important positions
whose election would reflect credit
upon the state In order to preserve
this standard it is advisable to
remove the judiciary from partisan
politics, otherwise it will be possible
for unworthy members of the bar
to attain this high distinction, and
thus cause the present high standing
If our courts to be lowered and the
confidence of our people in the in
tegrity of our judges to be shaken
would recommend a constitutions
n amendment increasing the term of
,fIice of district judges and probate
Judges as we'll. to six years and that
I'll judicial officers should be elect
"A upon a year succeeding a general
lection and the provisions of law
n regard to primary elections, so far
rs the seltcaion of Judges by political
PARTIES is concerned. should be abro-
CATER, and a method devoid as fan
rs possible of political significance
should be adopted.
The Supreme Court.
The great and ever increasing bus
mess of the supreme court renders il
lifiicult for three justices to properl,
handle it, The constitutional provis
ions permitting district judges to D'
called upon to specially sit as mem
] ..g
lief but this will be temporary only
The question of increasing the mum
Der of judges is one that will neces
farily have to be considered soon b.
he people ! do not suggest any pres
mt amendment to the constitution il
The regard but call it to your atten
ton so that he question of its ad
visibility and the number to which
he court shall be increased may be
come a matter Of public discussion
Marriage and Property Laws.
The law regulating divorces SHOULD
require a years residence as a pre-
requisite to suit. instead of 81,
months, as is now required, and thu
provisions of section 1871. Califor
mia civil code, for an interloctutOr'
decree of divorce. not to become fina
for six months. should be adopted
instead of our system making a mar
riage polygamous unless the fOrme
marriage has been dissolved for NOR
than six months. This provision. how
p ever might be retained with som
? alterations so as to apply to foreig'
, divorces granted in states which hav
! no provision for an interlocutOry de
cree. No appeal should be allowe
from the final decree, but an appea
/ should be granted from the interlC
, cutory decree. These changes in GU
, longer being a mecca for discomfort
) ed spouses from other states, an
z render effectual our own divorce law
which contemplate there shall be n
r remarriage for six months after dc
e cree. To satisfy those of our peopl