The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-09-15

enable the Justices to deal with
more deliberation than they now
can. This number would provide
reasonable court for boom and
lean years alike. The method
heretofore, in matters dealing
with the number Of the justices,
was to offer an amendment to
the constitution increasing the
number of the court.
In the proposal it would here
after be left to the discretion of
the legislature. The court, too,
is given the right to sit in divi-
siOnS. This means that under
the present number of five, two
of the justices could be engaged
in routine work. while three
could proceed to review cases
end render opinions, provided all
three concurred. If the court
were enlarged to seven, two divi-
sions could be made of three
justices each, and one justice
could be engaged otherwise. This
means, Of course, that one judge
could defeat the majority opinion
of Il division at will and become
the controlling power. The court
sits as q whole in most states
and in the United States and a
majority opinion is necessary. 1t
is doubted if the people Of this
state will relish the idea Of the
court being divided into divisions
as herein provided.
The proposal also provides
for a judicial council composed
of the supreme court and the
Judges of the superior courts.
This council would have the pow
er of making all rules relating to
pleadingS and practices and pro-
ceedure in every court, except
the supreme court which makes
it's own rules. This would take
from the legislature all power to
make rules, regulations, etc, un-
der these heads and centralize
this authority in the judiciary.
There is no mention made in
the proposed constitution for the
election of justices of the peace.
1t is obvious that there is con-
templated great change in this
branch of the judiciary. We have
had too many justices of the
peace, and too many incompet-
ent ones. We have had altogeth-
err too many local courts. But
since article seven of the present
constitution is dispensed with
we have to consider seriously
whether we wish to abolish these
local courts or whether we should
revamp, them and make them
uniform. more dignified and re-
sponsible.
In present article seven the
counties are to be divided
into townships and each town
ship has the right to elect two
justices of the peace, and the
provision goes further and allows
the legislature to provide for the
election of a greater number in
cities and towns. This latter
authority and the authority lodg-
ed in the governor to appoint
justices of the peace has been
greatly abused. The provision.
however, makes it possible that
these inferior courts be main
tanned in the townships in order
that petty misdemeanorS carry
ing a fine of $50, or imprison-
ment of 80 days mipht be dis
posed of and parties heard with
out being compelled to go to the
county seat. If the proposal is
adopted we have no guarantee
in. the constitution that any
court will be maintained out
side of the court house: we have
no idea what the legislature in
its wisdom might deem proner.
We might wake up to the fact
that q system Of county courts
would displace all lower courts
inferior 70 the Superior Courts
and in every case the accrsed
with all the witnesses on both
sides would have 70 come to
court and wait until the case is
called. This might produce a
more efficient system than we
now have, but it would cost the
people much in loss of time.
Those who have been witnesses
at court can appreciate what
this might mean. In this case