The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1926-10-06
PROPOSED AMENDMENT NO. I

PROPOSED AMENDMENT NO. I
BY the adoption of chapter 42S, Laws
1925, the legislature has proposed an
amendment to section 2, article 6, of the
constitution, relating to the supreme
court. This section now reads as fol-
lows:
"Section e The supreme court shall
consist of one chief justice and two
associate justices, but the number
of associate justices may be in
creased to a number not exceeding
four, by the legisla ture, by two
thirds vote, when it shall be deemed
necessary. 1t shall have original
jurisdiction in such remedial cases
as may be prescribed by law, and
appellate jurisdiction in all cases,
both in law and equity, but there
shall be no trial by jury in said
court. 1t shall hold one or more
terms in each year, as the legisa-
ture may direct at the seat of gov
eminent, and the legislature may
provide, by a two-thirds vote, that
one term in each year shall be held
in each or any judicial district. 1t
shall be the duty of such coart to
appoint reporter of it's decisions.
There shall be chosen, by the quail
fed electors of the state, one clerk
of the supreme court, who shall
hold his office for the term of four
years, and until his successor is
duly elected and qualified; and the
judges of the supreme court, or a
OF IilelO, Snau nave In6
power to fill any vacancy in the Of
flee of clerk of the supreme court
until an election can be regularly
had"
Pursuant to the authority granted by
this section the legislature of 1881 in
creased the number of associate justices
to four.
If amended as proposed, this section
will read as follows:
"Section 2. The supreme court shall
consist of one chief justice and six
associate justices. 1t shall have
!. original jurisdiction in such rene
= x dial cases as may be prescribed by
- law, and appellate jurisdiction in all
"a cases, both in law and equity, but
E there shall be no trial by jury in
fG said court. 1t shall hold one or
HID more terms in each year, as the
- legislature may direct at the seat
of government, and the legislature
10 may provide, by a two-thirds vote,
r. that one term in each year shall be
81 held in each or any judicial dis
u trict 1t shall be the duty of such
~ court to appoint a reporter of its
EA decisions. There shall be chosen,
a by the qualified electors of the
8 state. one clerk of the supreme
f2 court, who shall hold his office for
s. the term of four years, and until
his successor is duly elected and
A qualified; and the Judges of the SUI
Is preme court. or majority of them.
shall have the power to fill any
~ vacancy in the office of clerk of
the supreme court until an cleo
ton can be regularly had"
The Purpose Of the Proposed Amendment:
The supreme court, as now organized
under the constitution, consists Of a chief
Justice and four associate Justices, all
elected by the people. In 1918, In order
to take care of the Increasing business
of the court, the legislature passed a law
providing for the appointment Of two
commissioners to assist the court in the
performances of its duties. The act under
which these commissioners are appointed
provides that ach shall receive the same
compensation as Justice of the supreme
court, and 20 provides that II, by
amendment the constitution, the mum.
Der of associate Justices shall be In
creased to six, the office Of commissioners
shall be abolished.
In practice the commissioners sit as
members OF the court, hear arguments
read briefs, take part in discussions, write
opinions, and in general do the same
work as the regular Justices, but they
have no vote in determining the final de.
clsions of the court. The legislature can.
not give the commissioners voice in
the decisions of the court, since the or
aanIzation of the court Is governed by
the constitution.
The purpose of the proposed amend.
n1ent Is to provide for the election of two
or more associate Justices with full au.
thority as members of the court, to take
the place of the present two commission.
ers, who will then cease to hold office
Inc Effect OF tne PROPOSED Amendment
The effect of the proposed amendment
n adopted, will be to provide for the
election of two more associate Justices oil
the supreme court with full authority al
members of the court, replacing the pres
ent two commissioners, without addition
al expense.
The ballot used at the election should
have printed thereon the following:
NOTE: On first proposition, II in
favor of the election of two associate
justices to take the place of the two
appointed court commissioners, vote
Yes; if opposed, vote No.
FIRST
FIXING NUMBER OF SUPREME
COURT JUSTICES
Amendment Of Section 2, Article 6, o.
the Constitution (relating to the supreme