The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1926-10-15
Proposed
Amendments
to the
Constitution
of the
State Of Minnesota
Submitted by the Legislature at
its General Session, 1925, to
the People of Minnesota at
the General 1926 Election To-.
gether with Statements of
Purpose andEffect
of each
Prepared by
CLIFFORD |, HILTON
Acknowledgement of Minnesota.
Addressed to
MIKE HOLM
Secretary of State.
ST. PAUL, MINNESOTA,
Addressed to
MIKE HOLM
Secretary of State.

ST. PAUL, MINNESOTA,
OFFICE OF ATTORNEY GENERAL,
March 80. 1926.
HONORABLE MIKE HOLM,
Secretary of State,
In compliance with the provisions Of
section 46, General Statutes 1923, fur
nish you herewith statement of the
purpose and effect of proposed amend
ments to the Constitution of the State OF
Minnesota which are to be submitted tc
the electors of the state at the general
election in 1926, in accordance with GER
tain acts adopted by the legislature al
the 1925 session thereof.
PROPOSED AMENDMENT NO. I
BY the adoption of chapter 42S, Laws
1926, the legislature has proposed ar
amendment to section 2, article 6, OF the
constitution, relating to the supreme
court. This section now reads as fol-
lows:
"section 2. 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 legislature. by two
thirds vote, when il 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 legisla-
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 court to
appoint reporter of its 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 q
majority of them, shall have the
power to fill any vacancy in the Of
fee 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.
II 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 reme-
dial 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
legislature may direct, at the seat
of government, and the legislature
may provide, by a two-thirds vote,
that one term in each year shall be
held in each or any judicial dis
trict. 1t shall be the duty of such
court to appoint reporter of its
decisions. There shall be chosen,
by the qualified 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 SUI
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 chief
Justice and four associate Justices, al
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
performance of its duties. The act under
which these commissioners are appointed
provides that each shall receive the same
compensation as justice of the supreme
court, and also provides that If, by
amendment to the constitution, the mum.
Der of associate Justices shall be In.
creased to six, the office of commissioner
shall be abolished.
In practice the commissioners sit as
members of the court, hear arguments
opinions, and In general do the same
work as the regular Justices, but they
have no vote In determining the final de,
cisions of the court. The legislature can.
not give the commissioners a voice In
the decisions of the court, since the or.
eanization of the court Is governed BY
the constitution.
The purpose Of the proposed amend.
nent 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
The Effect of the Proposed Amendment
The effect of the proposed amendment
II adopted, will be to provide for the
election of two more associate Justices Of
the supreme court with full authority a,
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, If 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 trelating to the supreme
COURT fixing the number of justices