Year: 1859

Erprcss contained an article on this i'm
portant subject, which, however correct
were the conclusions. and general spirit
of the article, contained so many errors
as to require notice. If ever the judic-
iary system of the State i; reformed,
and that reform is needed few can
doubt, it must be brought about by ei-
forts Of the press of different order to
that put forth by our able contemporary
of Marysville. The head of the writer
of the article in question is right on the
main point, but unfo rtunately for the
business he had in hand. sufficient at
tention was not given to the mode of
bringing about the desirable end.


The writer (the editor of the Erpress
could not have been at home) says the
judiciary system of the State can be re-
formed by the Legislature alone "with-
out amending the Constitution or strain
ing its provisions" And then the chang
es, according to the writer's notions
needed, are pointed out. First, reduce
the sereatcem Judicial Districts to nine.
Second, abroga:c the Courts of Sessions.
transferring the duties thereof to the
District Courts Third, "ovcrhauling
thoroughly the County Courts, Probate
Courts, Justices of the Peace, and
Boards of Supervisors. By cnacting
these changes the writer computes the
reduction of expense from that of the
present cumbrous system at seventy
per cent-an immense saving and worth
an effort to produce.


Had the writer taken care to read
the organic law of the State, no such
errors as these could have been fallen
into and had he taken cursory view
of the statutes of the State he would
have discovered there were not seven
teen Judicial Districts. A little atten-
ton to District Courts would have con-
vinced him that the Judges thereof
generally labor nearer ten, than three
months in the year as he alleges. A
look at his own theory could not fail to
open his eyes to the fact that Il transfer
of the powers and duties of Courts Of
Sessions to the District Court, in order
to make the District Judges earn their
salaries, would be ''robbing Peter TO pay
Paul" The Office of County Judge is
almosta perfect sinecure now with the
duties of Courts of Sessions added. Take
those duties away and the County Judge
would have little or nothing to do but
to twirl his thumbs, and draw his salary,
which in every county in the State is
on an average, three times as great in
proportion to services rendered, As tn at
Of District Judge Besides, the Courts
of Sessions being specially provided for
in the constitution We apprchend there
is no power in the Legislature to abro-
gate them.


That the judiciary system Of he State
needs a radical revision few or none
will deny. 1t is cumbrous and enor-
mousiy expensive. 1t team be simplifed
and much of the present expense reduc-
ed, and it ought to be done. Not, how
ever, after the fashion of the writer in
the Express. A more rational mode
would be to confer larger powers on JUS
tices of the Peace, constitute one Judge
for each county on whom the present
powers Of the District, County, Probate,
and courts of Sessions Judges shall be
conferred, and aboli h all these latter
Offices In some cases two or more
small counties may unite in having but
one Judge.


These changes, however, will be
found on investigation to be only obtain
able by great change in the constitu-
ton. The relations of the lesser courts
to the highest, are such that thorough
revision of the judiciary is necessary
to obtain the desired reforms; and not
withstanding the labored efforts hereto
fore put forth to prove that all that is
needed can be effected by the Legisla-
ture acting in conjunction with the peo-
pie on constitutional amendme nts, still,
when the whole matter is accurately ex-
amined it will be found that the only
safe, if not only constitutional mode of
producing so radical change, is through
constitutional convention.


To this conclusion we hope our CO.
temporary of Marysville will come, and
press the subject earnestly upon the at
tention of the Legislature now in session,
n If dfac tho orroneouS system it now