Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-12-01
B, CHESTER Z. CLENEI.ANp.


lChesler + Cleveland. auihor Of
the following article, Was formerly
hrst assistant corporation counsel Of
Chicago. IN charge Of the eity's pub,
lie utility litigation tie IS lawyer
Of more than thirty years experienced
l desire TO point cut some very
dangerous powers which it IS sought,
by the proposed constitution Of I'LL
nois, to confer upon the courts.
In order to appreciate the scope
and effect Of such powers, we should
bear IN mind is that, in free state,
the legislative or laWmaking branch
OF the government Is the most i'm.
portant. Accordingly We find that
our state constitution is only limi-
tatlon upon the power Of the general
assembly and that IL has all powers
not denied II ii by the federal or
state constitution. We also find that
the general assembly. especially the
house of representatives, are numer,
Gus bodies. the members of which are
elected at frequent intervals. SO that
they viii be quite directly responsive
to the will of the oeople.
On the other hand. the state con
Sutution Is grant Of power 10 the
executive and judicial branches, and
they have only such powers as are
granted 10 them by the constitution
or by the Legislature pursuant thereto.
Taking up the judicial branch, with
which We are now dealing, We find
that the judges are elected for much
longer terms than are other officials.
BY the proposed constitution, the
terms Of office of the justices of the
Supreme Court are heightened from
nine years, as they now are, to ten
years. The reason for these long
terms is 10 remove the judges as far
as possible from practical politics and
10 make them less directly responsive
to current public sentiment. The
judiciary is intended to be a eonser-
vative body. Its function is to declare
what the law is and to determine the
rights of parties and the public COM
fortably thereto: in short, 10 protect
vested rights and interests. This is
the exercise of judicial as distin-
guished from legislative and executive
power
The power to enact laws and make
large numbers of political appoint
ments is obviously inappropriate to
the judicial office and would be most
dangerous to our rights and liberties
as free men and women. Ii seems al
most unbelievable that any one would
have the ef1rontery even to suggest
what the proponents of the new con-
stitution are urging, viz: That ma
jority Of nine men, elected as judges
for the long term of ten years, should
be clothed with authority TO appoint
vast numbers Of public servants and
to enact laws vitality affecting the
liberties of the people.
We have already seen that by the
proposed constitution the Supreme
Court is authorized to appoint men
not elected by the people 10 the very
important positions of judges OF the
Appellate Courts, and to prescribe,
with a few exceptions, in what cases
the jurisdiction of the Appellate
Courts shall be final, and that the Su-
preme Court is given power to author
ize the appointment of assistants to
the judges of the Circuit Court of
Cook County, and to prescribe their
powers and duties; in other words, to
pass laws clothing these assistants,
who are not elected by the people with
full power to act as judges in cases
involving our lives, liberties and prop
erty.
There is also a provision authoriz-
ing the Supreme Court to appoint
nOn-elected men to be Circuit Court
judges in the place of elected judges
.,.ra.,.aI - ha indUag nf fba AuDpI-
late Court; and in case quorum OF
the Supreme Court eertifies to the
governor that the Court is behind IN
its work the governor may appoint
one of these non-elected judges OF
the Appellate Court to be a Judge OF
the Supreme Court; and the consent
of the Senate to such appointment Is
not required.
1t is significant that there is no
reservation of power to the general