The St. Joseph observer., 1922-08-19

council is given exclusive power to
regulate all matters of pleading, prac-
tice and procedure in the courts in |
both criminal and civil cases; 1t is |
authorized to transfer cases from one |
court to another of like jurisdiction,
and when this council has promulgat-
cd its orders all laws of the state in |
conflict Herewith are thereby re-
pealed
All Is to be Changed
Heretofore the practice in the courts |
has been regulated by the General !
Assembly. bill passed by the lower
house would not be effective until
adopted and approved by the senate
and signed by the governor. A bill
approved by both houses Of the Cen
eral Assembly might still be vetoed
by the governor; the veto power act
ing as a check upon unwise or hasty
legislation. All of this is now to be
changed. There is to be no check
whatever upon this judicial council.
to be final. 1t may provide any rule
or form of procedure in the courts,
and it's action may not be reviewed in
any manner by any officer or any
tribunal. The legality or constitu-
tionality of any Of fits acts or orders
may not be inquired into for it is
tribunal created by the constitution
and of equal authority with the su-
preIne court Besides. the five judges
of the Supreme Court, and the three
judges of the Courts of Appeal con-
stitute a majority of this council, the
result being that control of the entire
subject of practice and procedure in
the courts is vested in committee of
the appellate courts of the state.
Should any question arise respecting
the exercise of this power. the five
members of the Supreme Court who
are members of the council and who
have taken the action to be enquired
into constitute a majority Of the nine
members of the whole Supreme Court
and the question, If by any chance it
might be submitted TO the Supreme
Court, would pass to it for considera-
ton with a majority of the court al
ready committed to sustaining the ac-
ton. In the matter of transfer OF
cases the law as we have it relating to
change of venue and fixing within alb
a1 ha ri To
tion OF the trial courts and of the ap-
pellate courts may be all abrogated
at the will of this judicial council. An
order of this council transferring a
cause pending in Buchanan county to
a court of like jurisdiction in a distant
part of the state would be final and
absolute and the litigants and wit
nesses would be helpless to resist COM
rliance with such an order.
All RIGHTS Pushed Aside
As the law now stands a person ac-
ouaed of crime has a right to be tried
in the county where the offense is
charged to have been committed and
where the witnesses are. Litigants in
civil cases are secured in their rights
20 litgate their causes where the par
ties reside and where the witnesses
may be found and where they are
themselves known. and where they
may secure their rights through the
courts with the minimum of incon-
yenience and expense. All of these
rights are pushed aside by this pro-
vision for the transfer of causes, ex-
pressed in a line, and this judicial
solute power to order causes to be
transferred for trial by any court in
the state of like jurisdiction selected
by the council. It is to be noted that
no grounds for the order of transfer
are required but the power to trans
fer is conferred without Limitation
and without restriction. The discus
sion over the report appears to center
around this judicial council. 1t is
hardly to be believed that even con-
vention of lawyers would adopt a sys-
tenn for the regulation and control
of the trial of causes in the courts
which is so radical a departure from
the course heretofore prevailing in
this state since its admission as a
state. and which takes from the Gen
eral Assembly every vestige Of power
TO control or regulate the admins
tration of justice in the courts OF
record.
AbOllshes Two Branches
This committee report provides that
the probate courts and the county
courts as now constituted shall be
abolished and in lieu thereof IT estab.
fishes a county court to be composed
of me judge in each county and 9
board OF county commissioners TO be
composed OF three individuals in each
county. The county courts are giver
jurisdiction to transact all probate
business try civil cases up to limited