is far from being perfect or satisfactory. The recommendations to the Governor, of persons for appointment as justices by the judges, are often to say the least, unsatisfactory, and discreditable to the good sense and discretion of the judiciary of Cook County.

The present provision of the Constitution requiring the judges of Cook County to recommend persons to the Governor, for appointment, is wrong in governmental theory, and hurtful in its influence on the bench making such recommendations. It confers on the judiciary, power which properly belongs to the executive portion of the government.

Any attempt to combine judicial with executive or legislative functions must necessarily be disastrous in its effects. Such attempt exposes the judicial portion of the government to the corrupting and festering influences of political life, and makes politicians of judges.

The judiciary should never be exposed to influences of this character, and should be free even from the suspicion of undue influence. The people, for a slight benefit or a benefit which can be attained by other methods, cannot afford to lower the tone of its judiciary.

Once destroy in a people belief in the purity of its judges, and anarchy surely follows.

It is now generally admitted that the conferring of what is virtually political power upon the county courts of Illinois is a mistake, and a bill is pending in the Illinois Legislature, which if passed, will take away from these courts the existing supervisory and appointive power in elections.

It would be wise and no doubt extremely acceptable to the circuit court judges of Cook County, to take away from them the power to appoint South Park Commissioners. Judges should have no political patronage to bestow, and be thus relieved from the pressure and influence of political cabals and rings. It is an open secret that the often unsatisfactory recommendations of the judges of Cook County to the Governor, of persons for appointment as justices, is frequently owing to the pressure of such influences.

To any one at all conversant with Chicago politics, it is well

known that under the elective system, few if any fit persons can be chosen as constables. With the numerous justice and constable offices scattered throughout the County, it seems well nigh impossible to regulate them, and properly and promptly punish malfeasance in office.

The case of the People v. Meech, 101, Ill. p. 200, would seem to make it impossible, without an amendment to the Constitution, to abate the crying evil of compelling citizens of Chicago to attend suits before justices of the peace in remote and inaccessible portions of Cook County, instituted mainly not to attain justice, but for the purposes of blackmail and oppression.

It was held in said case, that "the act of 1881, to amend certain sections of the act relating to the election of justices of the peace, creating each county in the State, except Cook County, a district, and making two districts of Cook County, and limiting the jurisdiction of such officers within such districts, is in contravention of that part of the Constitution which requires that the jurisdiction of the justices of the peace shall be uniform, and also that part which prohibits the passage of any local or special laws regulating the jurisdiction of justices of the peace, such amendment operating to change the pre-existing law on the subject only in Cook County."

A grievous disease requires a severe remedy.

An amendment to the Constitution would seem imperative, not only as regards constables but justices. The Chicago Bar Association has formulated and sent to Springfield, a proposed amendment to the Constitution of the State reading as follows:

"RESOLVED by the House of Representatives, the Senate concurring therein. That there shall be submitted to the voters of this State at the next election for members of the General Assembly, a proposition to so amend section twenty-eight of Article six of the Constitution that the same shall read as follows:

"Instead of justices of the peace and police magistrates in cities, villages and incorporated towns containing fifty thousand or more inhabitants, there shall be established a convenient number of district courts. Such courts and the judges thereof shall have the same jurisdiction and powers as justices of the peace, and such further jurisdiction and powers as may be prescribed by the General Assembly. The judges and the clerks of such courts shall be appointed or elected in such manner and for such term

as shall be provided by the General Assembly. All fees shall be accounted for by the respective clerks receiving the same, and paid into their respective city or village treasuries monthly.

"The salaries of the judges, clerks and deputy clerks shall be fixed by the General Assembly, and paid out of the respective city, village or town treasuries. No salary shall be increased or diminished during the term of office of the officer to whom it is payable. Instead of constables, there shall be a high constable of such city, village or incorporated town, who shall have the right to appoint deputies. Such high constable shall be appointed or elected, as shall be provided by the General Assembly. He and his deputies shall have the same powers and perform the same duties as constables, with such further powers and duties as shall be prescribed by such General Assembly. No summons, attachment, replevin, or other first process, except in criminal cases, issued by any justice of the peace, or police magistrate, shall run within the jurisdiction of any such district

court.

"Until such courts are organized, the justices of the peace, police magistrates and constables heretofore provided for, shall be continued the same as if this article had not been amended."

The committee of the Bar Association in reporting to that body a resolution identical with the one sent to Springfield, except as to the provision above cited, allowing justices to be elected, said, "the following features are included in the proposed amendment:

"1. The abolition of the fee system in the compensation of justices and the substitution of salaries.

"2. The abolition of constables paid by fees, the direct fomenters of much needless litigation, and a source of much wrong and oppression, and the substitution of a high constable with power to appoint deputies. A high constable can be placed under bonds and held liable for the misconduct of his deputies.

"3. The appointment of a chief clerk, who can also be held responsible for the misconduct of his deputies by being required to give bonds.

"4. The appointment of judges by the Governor with the advice and consent of the Senate. This method of appointment is precisely the same as that by which the justices of the Supreme Court of the United States, the judges of the circuit and district courts of the United States, and the judges of the Supreme Courts of many of the United States, having a judici

ary of a very high order of talent, are appointed.

"5. The extension of this system of district courts to all cities, towns, and villages, of fifty thousand inhabitants and upwards, enabling other municipal corporations in Cook County and elsewhere, to rid themselves of the well recognized evils of justice courts in large municipal corporations.

"6. The abolition of the service of summons and other first process of justice courts, within the confines of any municipal corporation for which district courts are created. This will eliminate the evil of bringing suits before country justices in remote portions of Cook County, against residents of Chicago.

"District courts in New York, Massachusetts, New Jersey, and perhaps other States, have for years been in successful operation."

This resolution, at the request of the Association, has been introduced in the General Assembly by Mr. Whitehead, a member of the lower house, who is also a member of the Chicago Bar Association.

The committee's provision in regard to the appointment of the justices, was as follows:

"The judges shall be appointed by the Governor with the advice and consent of the Senate, and shall hold their offices for four years and until their successors are appointed and qualified."

Personally, the writer prefers the provision just cited, recommended by the committee (of which he was a member), as he believes that all judges should be appointed either for life, or for a long term of years, and never elected. The change made by the Bar Association leaves the question of appointment, or election, open.

Whether it will seem best to the members of the Legislature to submit this proposed amendment to the people for adoption, time alone can tell. Continued agitation generally seems necessary to effect reforms. The presentation of such a measure must necessarily again direct attention to the grievous evils, which it is sought thereby to remove. That eventually something will be done to remedy the evils complained of, there can be little, if any, doubt. If effective measures are taken, it

matters little by whom proposed, or what shape they take. It has been suggested by one of the judges of the Circuit Court of Cook County, that this proposed amendment should be so framed as to render it optional with a municipal corporation of fifty thousand inhabitants or more, as to whether district courts should be created within its boundaries. There can be no objection. it would seem, to incorporating such suggestion in any proposed amendment, and it would probably make the measure more popular and increase its chance of adoption.

If district courts should ever be created in Chicago, one court in each division of the City, three in all, with three or four judges in each court, would probably be sufficient to transact all necessary business. All the judges of any such court should be compelled to hold sessions in the same building, though it would probably be necessary for one court to be located in each division of the City. In this way the one or more dockets kept by each court would be accessible, and misconduct in either judges, clerks, or constables, would easily be detected. Much of the litigation would be dispensed with, which is now prevalent in justice courts. The efforts of the judges would be exerted to discourage litigation, instead of encouraging it. Petty neighborhood quarrels would cease to occupy the time of magistrates. The present abominable practice of holding persons to await the action of grand juries, upon trivial and insufficient reasons, would largely cease to exist.

Any amendment to the Constitution must necessarily largely leave to the Legislature the arrangement of details, as it is poor policy to hamper constitutional provisions with minutiæ.

It is believed that if district courts can be established in Chicago, and fair salaries paid, say from $2500 to $3500 per annum, a class of able, conscientious lawyers, of good social standing, can be induced to accept positions on the district court benches, as is the case in the Eastern States. In Massachusetts, some years ago, a judge of a district court was appointed to the Supreme bench, while still acting as district judge; and the district judges in the Eastern States are able lawyers, and refined, educated gentlemen.

A position on the district bench will be, as it should be, re