The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1912-11-15
Although Two Judges Were
Elected 10 this District
No Session Of Court held
10 This City On tuesday
Other Notes Of Interest From
The Court House.

Though eight circuit judges were
elected in Ohio Tuesday. including l..
K. Powell and F. NJ. Marriott Of this
district, their Offices will be abolished
January 1, 1913, Just month before
the time for them to take charge.
This contingency appears TO have
been brought about by a misinterpre.
tation Of the Peck Judicial amendment
to the constitution, which abolished
circuit courts and created In their
places courts Of appeals.
The amendment. provides that "The
judges Of the circuit courts now re
siding in their respective districts
shall be the judges of the respective
courts Of appeals In such districts and
perform the duties thereof until the
expiration of their respective terms
of Office"
Thus there is no provision for newly
elected circuit judges becoming Judges
Of the courts Of appeals. They will
be officials without an ONCE. vr5yE
Governor Harmon has suggested as
u means OF solving the difficulty. that
the elections be treated merely As
advisory for the appointment OF Judges
for the courts of appeals. ~,
The new governor might appoint
the eight high candidates as Judges
IN their respective districts. The gov.
ernor holds that IL Is not leg,.iIy In.
cumbent for him to do 40, but that
moral obligation would demand the
appointment Of winning candidates.
Secretary of State Graves and Attor.
ney General Hogen are said to concur
In this view
Even by this solution there Is 4
possibility, of legal ENHANCEMENT CIR.
cult Judges, whose terms expire,
might hold there is no vacancy, under
|, the broad provision that officers hold
until their SUCCESSORS are elected and
qualify. There is said to be q su.
preme court decision bearing ON this
point. Should the issue be made the
supreme court would be called upon
to settle the question. and the new
courts might be thrown Into confusion.
In regard to the circuit court mud,
die, Attorney General Hogan suggest.
ed that Governor Harmon. immediate.
ly after January 1, appoint to the cir.
cult court, the eight circuit court
judges elected, or that the Legislature
delegate power 10 the governor TO IN.
point them to the court OF appeals.
Used Hot Poker
James G. Sheppard has fled 20.
tition In probate court praying that
be be divorced from Florence M.
Shepard, whom he married b August.
1908, and that he be granted the, Hie
tOdy Of their two children. Emma s,
and Jennie I. lie is represented by
j. v. Hilliard.
Sheperd charges has wife with gross
neglect of duty alleging that she has
refused to cook the meals or do tho
homework, and that she has remained
out until the early hours Of the morn.
ing without giving any reason Tor no
doing. lie charges extreme cruelty
aud inhdelity and says that on one oc.
casion she struck him with hot polk
".
The plaintiff AYERS that In August,
1871, his wife drove him from homo
and refused him the privilege of see-
ing his children. Newark Advocate.
:. o. .
10 Court On Tuesday,
An The case Of CvStchheid w. Nogrick
was down on the assignment tor trial
IN the court OF common pleas of Knox
!. county on Tuesday morning. On
account OF sickness OF the defendant
the case WAS continued and there was
no session OF court on Tuesday. The
regular assignment OF cases VIII be
taken up on Wednesday
30
Woman Placed In jail
B Viola Johns. who was indicted by
the grand jury OF the November term
tDf common pleas court for adultery
was apprchcnded by Sheriff Parker