Elements of Civil Government / A Text-Book for Use in Public Schools, High Schools and Normal Schools and a Manual of Reference for Teachers

by Alexander L. Peterman

QUESTION FOR DEBATE.

Resolved, That the governor should hold the power of veto.

CHAPTER X.

THE STATE--(Continued).

JUDICIAL DEPARTMENT.

PURPOSES.--The judicial department of the State government exists for the sole purpose of administering justice; that is, for the purpose of interpreting the laws and of applying them to particular cases. The legislature makes the laws, but it can not execute them. The governor recommends the passage of certain laws, and holds the veto power; but he has no law-making power, nor can he try the most trivial suit.

So the judiciary has no voice in making or in executing the laws, its sole function being to decide their meaning and to apply them in securing justice. The legislative and executive departments may assist, but it is the peculiar province of the judiciary to protect society and to maintain the rights of the people.

SUPREME COURT.--The higher courts of the State are of two classes--those whose jurisdiction includes the entire State, and those whose jurisdiction is confined to particular districts.

The Supreme Court, called in some States the Court of Appeals, is the highest court of the State. The number of the judges of the supreme court varies in the different States, there being a chief justice and from two to eight associate justices in each State.

In some States the Justices are elected by the people; in others they are elected by the legislature; and in some they are appointed by the governor, and confirmed by the Senate.

The term of office is lengthy, not less than four years in any State, except Vermont, where it is two years; six, seven, eight, nine, ten, twelve, fourteen, or fifteen years in most States; twenty-one years in Pennsylvania; during good behavior in Massachusetts; until the judges are seventy years of age in New Hampshire; and practically for life in Rhode Island.

The jurisdiction of the supreme court, or court of appeals, extends over the entire State. It holds sessions at the State capital, and in some States at other prominent places, and is chiefly engaged in the trial of cases in which appeals have been taken from the decisions of the lower courts.

Its decision is final, but in cases in which it is alleged that the State law is in conflict with the constitution or laws of the United States, appeals may be taken to the United States Supreme Court at Washington.

DISTRICT, OR CIRCUIT COURT.--The people most commonly resort to the district court, circuit court, or superior court, as it is variously called in different States, to secure justice. In it are tried the great body of important civil and criminal cases, and also appeals from the lower courts.

The jurisdiction of the district court is limited to a district created by the State constitution or by act of the State legislature. In some cases the district consists of a single county; usually it includes two or more counties, the court being held successively in each county of the district.

In each district there is usually one district judge, who is elected by the people, appointed by the governor, or elected by the legislature.

The term of office in most States is four, six, or eight years.

In some of the districts of certain States there are criminal courts having jurisdiction in criminal cases, and chancery courts or courts of common pleas having jurisdiction in certain civil cases.

In some States there is a high court of chancery having State jurisdiction, and in others there is a superior court which has State jurisdiction, and whose rank is between the supreme court and the district courts.