Year: 1876




WHAT THE AMENDMENTS Pro


POSE.


The fourth article of the COnstitu-
tion relates to our judicial system,
and the amendments proposed thereto
seek the restoration of power to the
Legislature, and through the Legisla~
lure to the people and an economical
expenditure of their money.


The first of these amendments is a
very important one, in that it gives to
the Legislature the power to establish
such "other courts inferior to the
Supreme Court" "a the exigency of the
times and the necessities of tho people
may demand. It will be seen at II
glance how important this amendment
is. 1t will give relief to cities like
Wilmington and Raleigh and News
bern and Charlotte, places where,
though greatly needed, relief cannot
be had under the present Constitution.
IL we had city court III Wilmington,
under q competent, fearless Judge.
always within reach, the condition of
things here would be far different.
Peace and good order would prevail,
because Of the terrOr:i OF the law. The
amendments give to the Legislature
the power to create such special
court, and the power to elect the Judge
and the clerk--a power that would
doubtless be exercised whenever the
occasion demanded. What vast ex
pense would be saved here and else
where il criminals cou!d be brought
speedily to justieel


Bnt the power to create special
criminal courts for cities is not all that
the amendments to this article Gin
power the Legislature to do. The au-
thority to establish conrts inferior to
the Supreme Court, with snoh jurls
diction as it may see proper to confer,
gives the entire control of the judicial
system into the hands Of the Legisla
ttre aud there 1t ought tG belong II
we would have the Legislaturo free
to respond promptly to the damands
of the people. Suppose the amend
meuts be ratified and the people dehire
to see their old county courts re-
stored TO them, it can easily be done
III ten days after the Legislature
meets. DO the people like their pres
ent judicial system or do they like
some other better? ? Ii the latter let
them by all means vote for the ratli-
cation of the amendments. DO they
remember with pleasure the good old
times when the county courts, the peo-
pIe's courts, nsed TO meet for the dis
patch Of business, and would they
have those days rotlIrn, let them vote
to ratify tho amendments. If the
amendments bo ratified tho people will
once more have absolute power IN their
own hands. The cast-iron Candy Can
stitution binds the people down abso-
lutely to the present judicial system.
The amendments will make them free
to shape thoir judicial system as they
may dosire.


The next change reduces the num-
Der of Supreme Court judges from five
to three, thereby saving five thousand
dollars year, and reduces the number
of Superior Court Judges from twelve
to nine, thereby saving seven thousand
five hundred dollars year more. Is
the money worth saving? Are twelve
thousand five hundred dollars a year
worth saving to the tax ridden people
of North Carolina? Let the people
answer this question at the ballot box
III November Before 1868 we had
only three Supreme Court Judges and
seven Superior Court Judges, ten in
all, and they did their work we'll and
promptly, and if we put good mon on
the bench, twelve certainly can do
now what ten did then. Let us save
the money and let us have good Judges
too.


Another important change is that
which requires each Superior Court
Judge to ride all the circuits in regu-
lar rotation instead of requiring him
as at present, to confine himself to the
circuit in which he lives. The incon-
Veniances arising from the present sys-
tenn are very great. The judge goes
from the bar i'll full practice to the
bench, for the days have gone by
when mere striplings and unfedged
attorneys can be elected judges in
North Carolina. The result is that all
the cases III which they have hitherto
appeared, have to be continued until
some other judge can be had. There
is another reason why the judges
should rotate. It prevents them from
trying the causes of their friends and
neighbors. Judges living all the
while in the same district cannot
fail to get some bias in many,
very many cases, that come before
them from impressions created outside
of the court house. It is rur duty to
take every precautiOn to keep the
mind of our judges free from preiu-
dice and partiality and from the dan
ger of it as far as it is possible to do.
In addition to this it is the only way
to give any relief to those districts
where under Radical rule incompe-
tent white or negro judges may be
elected.
A careful statement prepared by Mr..
Springer of Illinois, gives the esti-
,,ootao fo1. aoob an,,ronriotiD,, Hill 10