Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-11-03


partment VIII be made the sovereign
rulers of the people of Illinois if the
proposed new constitution is ratified.
The grant Of power proposed for the
judges OF the state is far greater than
that ever suggested in any other
American state ana even greater than
any judicial power exercised in any
country in the world since the middle
ages. The nine men who are to serve
| as members Of the Supreme court
may assume jurisdiction in any sort
of controversy which may arise be-
tween citizens tSecs. %. %. 1927. In
Cook County the Circuit court, which
is to be the only judicial tribunal in
that territory, except justices Of the
peace outside of Chicago, Is given
original jurisdiction in all cases. mat
tiers and proceedings requiring judie-
ial action (Sec. 1867, and may appoint
assistants (See. 100 who will have
such judicial and other powers as the
Supreme court may prescribe. What
is the limit of this peculiar extension
OF judicial jurisdiction? That is
| question that those who are to exer-
else the power-that is to say the
| judges-will decide for themselves
and against their decision the neople
| will have no appeal. The jurisdiction
of the court outside of Cook County
in addition to law and equity, as pro-
| vided in the present constitution, will
| be such other jurisdiction as pro-
vided by law (Sec. l03). In order
TO ascertain what this additional juris-
| diction or power may mean, il Is
| necessary to examine the section lSec.
93) which gives to the Supreme court
the exclusive right TO determine rules
of pleading, practice and procedure.
jurisdiction Is largely a matter of
procedure. The limited veto power
which that section leaves to the legis-
| lature as affecting only single rules
| is of no practical value as to future
curb upon the courts. The term pro
cedure, pleading and practice" has a
very wide meaning and gives To the
court tremendous power over the gen
eral subject of jurisdiction, and over
attorneys, states attorneys, police,
| sheriffs and constables, which may be
exercised in many ways as affecting
| the liberties of the citizens, without
any right on the part of the legisla-
ture to interfere in any manner by
! lDt Ul statute law.
In another section of the proposed
new constitution tSec. 1929 it conferS
upon the judiciary department a new
and strange jurisdiction which has
never been conferred by any constitu-
| ton. 1t is section which gives to
the courts the Unrestricted authority
to go as far as the Supreme court
may please in the making of so-called
declaratory judgments in which no
consequential relief is sought and
upon this basis to make binding
declarations of right. Thus the Su-
preme court can at any moment
authorize the judges of the state to
take jurisdiction in great numbers of
disputes and controversies between
citizens which are not now regarded
as the proper subject of judicial ac-
ton and the Supreme court may fur
ther authorize the local courts, as well
as itself assuming authority, to pass
Judgment on the basis of controver-
sizes that some one believes may arise
at some future time but which have
not actually taken place. No more
cunning scheme to enable the preda-
tory interests of the state to shackle
the people could be devised, The
power to do this is conferred upon the
court without any restriction whatso-
ever.
The tremendous grant of power to
the judiciary department proposed by
the constitutional convention is made
practically unlimited by the shrewd
manipulation of section of the bill
of rights which, in the so-called ad-
dress to the people. is given a new
meaning by official action of the con-
stitutional body. We refer to that
section of the bill Of rights (Sec. 1S)
which for more than a century has
declared that every person ought to
find a certain remedy in the laws for
all injuries and wrongs which he may
receive in ms person, property or
reputation" In the past this has
been considered mainly as a guide for
the state legislature. The word flaws"
has now been changed to the word
claw" which has a more comprehen-
sive meaning and relates to the juris-
diction of the courts rather than that
of the legislature. This section is con-
strued in the address to the people In
connection with the general provisions
of the judiciary article in such man.
ner as to provide a means whereby
any Judge may at will assume luris-
diction over any sort of controversy
between citizens unless he is speclh-
cally prohibited from doing so by the
Supreme court. In determining the
meaning Of the proposed new consu-
tuition, i'm event it should be ratlfed,
the courts will, of course, take notice
of every official act of the constitu-
tional convention and in the address
to the people will find the act which
proclaims limitless power for the
judiciary because that address was
officially approved and adopted by the
constitutional convention. Thus the
Judges are to be given unlimited
authority to intrude themselves at VIII
into practically every human activity,
economic, political 4 social and even
religious. Under % fearful grant
of jurisdiction, p&felg discretionary
authority becomes merged with law
and actually becomes, law of KIND
which De SegislaturekLkay not alter.
This means that the power TO regu-
late human relationships by irnltrary
iniunctions, DEGREES, orders dnd pro-
CARNATIONS is made limitless except
as very slightly modified by a few OF
the more direct provisions in the bill
of rights relating to the liberties OF
citizens. The judges may, at will, also
assume such jurisdiction as is con.
tanned in the industrial court law of
Kansas. They may, at will, enter up.
on the jurisdiction Of the industrial
commission which now administers
the compensation act, or the jurisdic-
ton which the statutes now give TO
the commerce commission. 1t is even