Year: 1874

er disposed OF.


1t is further proposed that the Gen.
eral Assembly shall provide by law
for supplying the place Of any Judge
who may be temporarily unable to at
tend to his duties; and in emergencies
a Judge of one district may be trans
, ferred for a time to aid in another.
The force thus provided, if faithful to
its official trust, and the people elect
competent men, will be ample to dis
charge all the business brought into
the courts, with promptness and de-
liberation, so that the delay of causes
will be prevented, the attendance of
witnesses from term to term, at ruin
Gus costs, avoided, and speedy justice
done without denial or delay.


1t is also proposed to divide the
State into seven circuits, in each OF
which there shall be Circuit Court,
to consist of three Judges, two of
whom shall be a quorum; and that
semi-annual terms thereof shall be
held in each county. It shall have
Jurisdiction to review and correct the
findings and judgments of the Com
mon Pleas and other inferior courts.
With wide scope of territory from
which to select competent Judges,
with power in the General Assem-
bly, to diminish or augment the Ca
pacity of this Court according to ne
cessity, and with a length of official
term guaranteeing reasonable stability
it is believed that the Circuit Court
may become in all respects, except in
authority, the equal of the Supreme
Court, and command such confidence
and respect as to satisfy most litigants
and prevent them from further prose-
cutting their controversies-thus re-
lieving themselves from q great addi-
tiOnal expense, and the Supreme Court
from an excessive accumulation of
causes. The Circuit Judges may serve
in any part of the State; and as any
two of them will form a quorum, it
will be seen that ten of these courts
might be held at the same time if nee
essary.


The Supreme Court remains un-
changed, except that the official term
of the Judges is extended to ten years.
At the first election it Is provided
that no elector shall vote for more
than three Of the five Judges of this
Court. This method of election was
applied in New York in the choice of
the Court of Appeals, and is conceded
to have worked well. Each of the
great political parties IS certain to
elect portion of the Judges, and will
therefore be responsible for their char
acter, integrity and ability. 1t Is sup
posed that q better class of nomina-
tions will thus be secured, the Court
divested Of any appearance of polite
al bias, and its decisions command
more general and hearty confidence.


The Schedule submits to q separate
vote of the people, under the title
proposition number one-Minority
representation" an additional sec.
ton, by which, if adopted this meth
cd of election by the restricted vote
will be made permanently applicable
| to all elections of Judges of the Su-
preme and Circuit Courts for a full
term; so that each elector can there
after vote for but three of the five
Judges of the Supreme COuIt,and two
of the three Judges of q Circuit Court.
If this section be adopted, the MAORI
ty party in any circuit will generally
elect two, and the minority party one,
of the Judges for that eiE0EAitg while
| the majority party in the State will
generally elect three, and the minori-
| ty party two, of the Judges of the Su-
preme Court-so that the bench of
each of these courts will thereafter be
composed of lawyers selected from
both the great parties.


Vacancies on the bench of the Su-
preme or Circuit Court will be filled
/ by appointment until the next bien-
NAL election, when, il this proposed
method of electing judges be adopted
by the people such vacancies will be
| filled for the Itnerpired term; other
wise for the full term.


Until the General Assembly shall
otherwise provide, the salary OF the
Supreme Judges is temporarily fixed
at five thousand dollars. In learning
and general ability, these judges ought
to occupy the first rank. Itcan hard
| ly be expected, however, that men OF
this character will sacrifice the remu-
nerative practice of their profession
for a position on the Supreme Bench
at q salary which scarcely pays their
expenses. They must remain at the
Capitol nearly the entire year, where
the cost of living has largely advaHc-
ed. Their families must be supported
and educated. When they shall have
ceased to serve the State they ought
not to be thrown penniless upon the
world, to begin professional life anew,
and depend upon regainjng the busi-
ness they sacrificed to serve it. While
in office they are forbidden to engage
in any other employment; they
ought, therefore, to be reasonably re-
warded, so that something shall re-
main to them when age and infrmi-
ty shall come upon them. But the
whole matter is within the power of
the General Assembly, which may,
at Its first session, reduce the salary if
it see proper.


The business OF the Supreme Court
/ is at least four years in arrear. 1t
would be unwise to overwheim the
new Court by casting this accumu-
lation upon it. A commission is there
fore provided to clear the docket.
(Sec. A. 1t is also provided (Sec. 81
that like commission may be con-
stituted in the future, but not oftener
than once in ten years, and thus re-
lieve against recurrence of block
ade without invoking a convention.


Alarming complaints Of official ex-
tortion in the offices of some of the
Probate Judges and Common Pleas
Clerks reached the Convention. Be-
lieving that the change would be con-
ducive to official integrity, it is pro-
vided that the Probate Judges and
Common Pleas Clerks shall hereafter
| be salaried officers, and that all their
official fees be paid into the county
treasury. 1t is required that each judge
shall annually report to the General
Assembly the number Of days he shall
have been actually employed during
the year, so that the judicial force
may be augmented or diminished as
necessity demands. 1t is also provid-
ed that the intoxication of judge
during term, or while officially en-
gagged, shall work forfeiture OF ott1ce.


The foregoing is an outline OF the
new features in the proposed judicial
system.


1t will be seen that the appellate
jurisdiction of the Supreme and Cir
cult Courts, and the whole jurisdic-
tion of the Common Pleas, is left
broadly and exclusively in the control
of the General Assembly. 1t is be-
lieved that by wise legislation, in put
ting the system into effect, it can be
made to fully meet the public demand
and expectation.


ARTICLE V.-THE ELECTIVE FRAN
| CHISE.


The word "white,D as a qualities
ton of electors, has been'strieken out
of the first section. The existing pro-
vision that persons stationed at any
military or naval station within the
State shall not thereby gain a resi-
dence, has been substituted by the
! general rule stated in section six, ap-
plicable to all cases of temporary
presence or absence. And in section
seven provision is made for the exer-
else of the right of suffrage by electors
in the military service Of the United
States.


ARTICLE VI.-ELECTIOS.


This Article is so amended as to
provide (Sec. 81 that women may be
elected to any school offices except
that of State Commissioner OF Schools.
ARTICLE vII.-PUBLIC INSTITUTIONS.
The power of appointing the direc-
tors of public Institutions is taken
from thu Gouarnor and tho oouarn.