The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1926-10-22
PROPOSED AMENDMENT NO.

BY the adoption of chapter 42S, Laws
1925, the legislature has proposed an
amendment TO section 2, article 3, 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 legislature, 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 legisla-
ture may direct, at the seat of gov
eminent, and the legislature may
provide, by a 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 q
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
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 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 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 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
the supreme court until an cleo
ton can be regularly had"
The Purpose of the Proposed Amendment
The supreme court, as now organizes
under the constitution, consists OF chile
Justice and four associate Justices, a
elected by the people. In 1918, in orde
TO take care of the Increasing bushes
of the court, the legislature passed la,
providing for the appointment of tW
commissioners to assist the court In tn
performance of its duties. The act unde
which these commissioners are appointe
provides that each shall receive the sam
compensation as Justice of the suprem
court, and also provides that If, b
amendment to the constitution, the mum
Der of associate justices shall be In
creased to six, the office of commissions
shall be abolished.
In practice the commissioners sit a
members of the court, hear arguments
read briefs, take part In discussions, writ
opinions, and lin general do the sam
work as the regular justices, but the
have no vote In determining the final de
cisions of the court. The legislature car
not give the commissioners a voice
the decisions of the court, since the or
ganization of the court is governed b
the constitution.
The purpose Of the proposed amend
ment is to provide for the election of tw
or more associate justices with full au
thority as members OF the court, to taxi
the place of the present two commission
S.
The Effect of the Proposed Amendment
The effect of the proposed amendment
II adopted, will be to provide for tn
election of two more associate justices {
the supreme court with full authority {
members of the court, replacing the pre-.
emit two commissioners, without addition
al expense.
The ballot used at the election shout
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,
the Constitution CREATING to the supren
COURT fixing the number OF 1ustic'
thereof. a