Iron County register., 1921-04-07
Redistricting Held to Outlaw All Judge
ships.
tst. Louis post-pispatch.,

the delegates to the conference of the
Circuit judges here yesterday, ASSERT
ed that when the judicial redistribution
bill went into effect, it would render
every Circuit Court in the State an
outlaw, including those in st. Louis
and Kansas City. He said this was
the view of every Circuit Judge at
tending the meeting.
"The bill abolishes all of the 38 cir
cult DISTRICTS he said, "and the
Legislature reappoints 27 of the
Judges replaced. The Governor APP
points the other seven. The Legis-
lature has no appointive authority
under the Constitution. 1t can change
boundary lines or abolish the dis
tricts, but the Governor alone has
the power to fill vacancies.
"This measure attempts to take
this power from the Governor and
transfer it to the Legislature, which
| is rank breach OF the Constitution.
There is no doubt that the districts
have been wiped out. Here is the
part of the bin which abolishes them:
Section THAT the 38 judicial cir
cults of Missouri, numbered from /
to 3S, both inclusive, and the Sturgeon
Court of Common Pleas, are hereby
abolished
"Gov. Hyde has signed this bill and
when it becomes operative it will
leave the entire State without Cir
cult Court of legal standing. When a
judgeship has been vacated, the Gov
ernor must fill the vacancy. If he
fails to do SO, the court is without a
Judge. The Legislature cannot APP
point these Judges, and every Judge
who attempts to hold his position by
this legislative enactment sits under
cloud. 1t will create untold con-
flicts in the courts. A person losing
suit in the Circdit Court, regardless
of the evidence, could appeal from
the decision on the ground that the
Judge had no jurisdiction, and his con-
tention would be sustained. No court
would refuse the appeal under the
circumstances, and am sure every
student of the Constitution and our
laws will agree with me.
"If the Legislature had abolished the
districts and created "a new ones and
then authorized the Governor to ap-
point the Judges, no legal criticism
could be offered. But under this law
the Governor cannot fill these va.
cancies, which do exist in the eyes of
the law, and therefore there VIII not
be Circuit Judge in the State hold
ing Office, according to law"
Other Judges who were present and
listened approvingly to Judge Shain's
statement we're:
Vernon L. Drain, Shelbyville; Fred
Lamb, Salisbury; Ewing Cockrell,
Warrensburg; Samuel Davis, Mar
shall, and J. g. Slate of Jefferson
City.
By further inspection of the ju-
dicial redistricting bill, these Judges
discovered that the Court of Com
mon Pleas at Louisiana occupied a
more precarious condition than Gov,
Hyde thought it did when he signed
the bill This court is in the Thirty
| fifth Judicial Circuit, and as the bill
eliminates all circuits above "a, the
Louisiana tribunal becomes a Judicial
| outlaw, not abolished, according to
the provisions Of the bill, but moi
claimed by any one in particular
/ Heretofore Edgar B. Voolfolk, Judge
of the Thirty fifth Judicial Circuit
has held court in the Louisiana tri-
bunal, but he is legislated out Of the
office. What is to become Of thii
court, which was established in 1856
! no one will venture to predict, bn
, the law under which it was created
was not repealed by the judicial re-
districting bill, and the court car
!, function, Attorney General Barrett
says, if anyone can obtain authority
, to take charge OF it.
) Before the meeting of the Judges
J adjourned, formal statement wa,
/ issued, criticising the redistrictini
J bill. This statement follows:
"a judicial redistricting whicl
abolishes all the circuit courts, in orde
r to turn out of Office Judges who hav,
] been elected for definite term, de
Z stroys the certainty Of tenure neces
' sary to good judicial administration
: and Is inherently bad.
u "If it is right for one political part.
to turn judges Of the opposing politi
I cal party out Of Office In this way,
1 will be equally right for the othe
I political party to do the same thin
. when they come into power. TIL
i certain result will be that our Judge
1 Withhold office not for fixed terri
D nor al the will Of the people VIII
Z elected, but for just such temporar