The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1926-10-08

mentS TO the COnStltutlOn OF the STATE OF
Minnesota which are to be submitted to
the electors of the state at the general
election in 1926, in accordance with GER
tain acts adopted by the legislature at
the 1925 session thereof.
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 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 1t 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 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
fled 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
majority of them, shall have the
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
A. -
creased the number of associate justices
to four.
If amended as proposed. this section
viii 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 a reporter of it's
decisions. There shall be chosen,
by the qualified electors of the
state. one clerk of the supreme
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 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 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 each shall receive the same
compensation as Justice of the supreme
court, and also provides that II, by
amendment to the constitution, the num-
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,
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 orr
ganization of the court Is governed by
the constitution.
The purpose OF the proposed amend.
ment Is to provide for the election Of two
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 as
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: II opposed. vote No.
FIRST
FIXING NUMBER OF SUPREME
COURT JUSTICES
Amendment of Section 2, Article 6, OF
the Constitution (reIating to the supreme
COURT fixing the number OF justices
thereof.