Year: 1877

The ballots of both parties this year
are printed with the words, "For Con
vention" and Against n Convention,"
upon them. The people will thus have
an opportunity of voting upon this ques-
ton which has been agitated to consid-
cradle extent for the past five or six years.
II the ballot is voted as printed it will of
course be the same as if no vote was poll
ed. If voter desires to vote for
Convention, lie need only scratch out the
remainder of the line and if he desires to
vote against holding a convention he can
scratch out the first three words of the
line. We believe this to be the method
Of expression, though we are not certain
but the Legislature 10 which this vote
will be submitted to see if Convention
is called may hold with the Legislature Of
last year that there must be not only
majority of votes upon the proposition,
but also majority of the votes cast as
evidenced by the vote for memb bers of the
Assembly.


The JOURNAL has heretofore been an
advocate of a Convention to revise the
Constitution. We do not stand upon
precisely the same ground now and our
reasons for changing our opinion we be
lieve to be good. The great change de-
sirable in the present instrument, has been
made and needs only the act Of ratifca
ton by the people to become incorpora-
ted in the fundamental law Of the State.
We alude to the revision of the Judicia-
ry system and the manner Of choosing
judicial officers. The people, in 1862
voted upon certain amendments to the
Constitution and they were adopted by a
majority vote. One of these amendments
related to the judiciary, and the new
amendments first went into force and ju-
dicial officers were chosen under tn EN- in
1868. 1t is unnecessary to now recaptr-
late the substance of these amendments
the most Objectionable OF them was the one
which, before it WAS placed upon trial,
was believed to be the best. Under it all
judicial officers, with State Superintend-
ent of Public instruction were chosen,
not at the same time with other State and
County officers, but at date from six to
seven weeks later, thus necessitating two
elections throughout the State every other
year. The amendments were conceived
and adopted during war time, when party
feeling ran very high, and their design
was to separate the judicial and educalion-
al questions from politics. 1t was hoped
and believed, that if judicial officers were
chosen on a,day when no political ques-
tions were to be decided, the people would
support the best qualified of the csndi-
dates offering regardless of their political
sentiments. It--needcd but very brief
time to demonstrate the utter fallacy of
this belief. The same political cor ven
ton which nominated candidate for
Governor went on and completed its work
by nominating Supreme Judges also. The
same county convention which placed a
legislative candidate before the people fol-
lowed up that nomination with one for
County Judge, and wound up by choos-
ing delegates to District Convention the
business OF which was to slect cand-
date of their own political faith for Dis
trict Judge. Then when election day
came, there WAS no perceptible difference
in the public feeling and if the political
fight was not waged so hard, it was sim
ply because there was not so many Off
GERS to be elected. The general election
in September faithfully foreshadowed
what the result would be at the Judicial
election in October. The people were
put to the expense and annoyance Of two
elections when one would have suaiced,
and were angious TO get back TO the old
order of things.


Amendments looking to this change
were passed by the Legislature of 1868
and came up in 1867, bnt owing to a cler-
ical error were defeated. Then the mat
ter rested until 1873, when committee
WAS appointed to give the whole constitu-
ton thorough revision. 1t reported at
late day and the Legislature passed all
its work through without amendment,
leaving it for the last Legislature to prune
off what was not needed. That body ac.
cepted two full articles one being the
suffrage, the other the Judiciary article.
They were accepted by both houses with
out dissenting voice. A bill was also
passed providing for the submission Of
these amendments to the people Mt the
a law owing 10 not receiving the Govern
or's signaturs-in fact, it was passed at
so late day that il came to him in the
last days Of the session, and was potketed.


These amendments, having been ratif
cd by two successive Legislatures in the
constitutional manner needs the sanction
of the people to make them par. of the con-
stitution. The changes in the Judiciary
article are very important. By them the
offices of County Judge and District Judge
are abolished, and in their stead each
county is erected into judicial district,
the judge Of which shall have the juris-
diction now belonging TO the District,
County and Probate Courts. In large
counties more than one district is created.
The Supreme Court will consist of seven
justices, one Of whom goes out of office
every two years his successor being elect.
ed for fourteen years. All judicial and
other officers to be chosen at the General
Election, instead of separately, as now.


As this is the principal change deemed
desirable, it will be seen it can be brought
about without the aid of convention. 1t
is pretty dangerous business, tinkering
the constitution, hence the safeguards
thrown around that instrument. II is