County judge

“ If the direction of the legislature had been imperative on the county court to enter the order submitting the question of subscription to the people, there would be little difficulty in determining this question; for, if the county court had been deprived of all discretion, and compelled to obey a mandatory act, it would be immaterial whether the county court, composed of the justices or the county judge, made the order, as either or both must obey. ”

“ Conceding that it was not in the power of the Territorial legislature to confer judicial authority upon any other courts than those authorized by the organic law, and that it was not within its competency to organize county courts for the administration of justice, we cannot doubt the right of the Territorial legislature to associate select men with the judge of probate, and to call the body thus organized, a county court, and to require it to make lists of persons qualified to serve as jurors. ”

“ As the counting must have been by individuals, not by a court, the requirement that the county clerk and county judge should perform that duty, and that the latter should cause the result to be entered on the records of the court, does not, we think, show an intention to invest the county court with any discretion whatever in ordering the election, or in issuing the bonds, or in levying taxes to pay the bonds, and interest thereon. In the absence of that discretion, it is the duty of the county court, held by the presiding judge alone, to levy the required tax. ”

“ True, the idea that only lawyers are qualified to occupy most public offices has been run into the ground, and in most instances a competent layman would be better qualified, but the county judge's office is an exception. ”

“ Respondent is therefore an entity 'administered by individuals (the commissioners) who are responsible to public officials (an elected county judge) ' and this together with the other factors mentioned satisfies us that its relationship to the State is such that respondent is a 'political subdivision' within the meaning of § 2 (2) of the Act. Accordingly, the Court of Appeals' judgment denying enforcement of the Board's order is
Affirmed. ”

“ If the act be a judicial one, the writ can only require the judge to proceed in the discharge of his duty with reference to it; the manner of performance cannot be dictated. Here the writ could not command the county judge to select as jurors any particular persons, black or white, but only to proceed and select such as are qualified,-its command in that respect being subject to the limitation incident to all commands of such writs upon judicial officers touching judicial acts. ”

“ In the ordinary is vested the power of appointing guardians of the person of orphans and insane persons. The ordinary also has charge of county roads and revenues where no board of county commissioners has been established. The ordinary is clerk of his own court, and the sheriff of the county is his executive officer.
The State is divided into twenty-six judicial circuits, and each circuit has one superior court judge (or mote than one if the Legislature so provides) . This judge is elected by the people for a term of four years. To be eligible he must be thirty years of age ”

“ The Atchison Daily Champion in its issue of September 25, 1913, has this to say of his high honor and integrity:
“In these days of alleged lawless lawyers and corrupted courts it is a good thing to know that Atchison county has an honest and efficient judge to administer justice from the district bench. Many big men,—men of splendid qualifications and sterling integrity—have occupied the important position now held by Judge Jackson, but never before has this county had a judge whose service on the bench commanded more universal satisfaction than that rendered by Judge Jackson. ”

“ The three-judge-court statute, 28 U.S.C. § 2281, speaks of 'the enforcement, operation or execution of any State statute.' A city ordinance or a county regulation does not meet that requirement, and so the county regulations involved in Moody did not satisfy the statute though enacted by the State. If the source of the authority is state action, the statute is presumably satisfied, since normally of course, state laws have an impact on activities in every city and every county. ”

“ If a county is to administer justice it needs a judge, a sheriff, a prosecutor and a court clerk. And each of these officers in the several counties should follow as closely as possible an identical or similar procedure. Every county must have a fiscal agency, a governing board, and be required to observe certain minimum standards in the handling of the funds entrusted to its care. ”

“ The judicial power of the State as to matters of law and equity, except as in the Constitution otherwise provided, is vested in a supreme court, district courts, county courts, justices of the peace, and such other courts as may be provided by law. There are three supreme court judges, elected for nine years; the district judges—one or more for each judicial district—elected for six years; and a judge for every county, elected every three years. A district attorney is elected triennially in every judicial district. ”

“ The judge sits almost invariably without a jury, although unless the amount involved is very small either party to a suit is privileged to request the employment of a jury of eight persons. The jurisdiction of the county courts has been enlarged a number of times, notably by a statute of 1905, but it is still not as extended as many people believe it should be. ”

“ Judge Hughes thanked the County Council for the privilege of opening the new Court House. The county building was a testimonial to the advancement of the county council. He had to acknowledge with thanks the many kind things said of him personally, and of the way he had administered justice in the county. The building is an index, not only of enterprise and good taste, but also of conception for the convenience of those who had to attend the county buildings to do business. ”

“ When the judge of the County Court is disqualified in any case pending in the County Court the parties interested may, by consent, appoint a proper person to try said case, or upon their failing to do so a competent person may be appointed to try the same in the county where it is pending in such manner as may be prescribed by law. ”

“ There shall be no more than five judges of the inferior court of common pleas in each of the counties in this State after the terms of the judges of said court now in office shall terminate. One judge for each county shall be appointed every year, and no more, except to fill vacancies, which shall be for the unexpired term only. ”

“ I learn that you have a most serious duty to perform to one of your profession. It is the appointment of several judges for Allegheny County. My friend, Judge Cohen, was appointed by Governor Stone and by reason of dissension in Republican ranks the whole Republican ticket, carrying the good judge with it, much to the regret of good citizens generally, was defeated. ”

“ And be it further enacted, That, when the said judge shall have been commissioned, the legislature of the territory of Arkansas shall be authorized to organize the counties of said territory into four judicial districts, and to assign to each of the four judges of the superior court of the territory of Arkansas one of said circuits or districts, and to require said judges to hold circuit or district courts in each county of their respective districts, at such place and time as the legislature aforesaid may appoint and designate. ”

“ Any municipality or county which so applies shall be required to provide the appropriate physical facilities in which the county court may hold court. (10) All courts except the supreme court may sit in divisions as may be established by local rule approved by the supreme court. (11) A county court judge in any county having a population of 40,000 or less according to the last decennial census, shall not be required to be a member of the bar of Florida. (12) Municipal prosecutors may prosecute violations of municipal ordinances. ”

“ They must both keep strictly within the limits of their power of attorney or their acts will be invalid. They cannot cure any inherent defect in their action arising from want of power by any extent of recitals that they had the requisite authority. With great deference to the opinions of my associates, this seems to me to be a legal truism.
3d. When the bonds in suit were executed and issued the county judge was in the city of New York, and by express provision of the statutes of Iowa his authority and functions ceased when he was without the State. ”

“ The same article, after authorizing and ordaining various superior tribunals in which the judicial powers shall be vested, at length, in § 18, declares, that there shall be established in each county in the state a court of probates, the judge whereof shall be elected by the qualified electors of the county, for a period of two years. The 19th section of the same article declares, that the clerks of the circuit, probate, and other inferior courts, shall also be elected by the qualified electors of the county, for the period of two years. See Laws of Mississippi, by Howard & Hutchinson, 24, 26. ”

“ It created eleven judicial districts and defined the jurisdiction and powers of every judicial officer in the State, from a Supreme Judge to a Justice of the Peace. It provided that the then incumbent District Judges should continue to be the Judges of the new Districts according to their respective numbers. At the same time I introduced a bill dividing the county of Trinity, and creating that of Klamath; and also a bill dividing the county of Yuba, and creating that of Nevada ”

“ Marshall stoutly supported these local tribunals; their "abolition will affect our whole internal police.... No State in the Union, has hitherto enjoyed more complete internal quiet than Virginia. There is no part of America, where ... less of ill-feeling between man and man is to be found than in this Commonwealth, and I believe most firmly that this state of things is mainly to be ascribed to the practical operation of our County Courts." The county judges "consist in general of the best men in their respective counties. ”

“ In Connecticut and Rhode Island they were appointed annually by the assemblies. In Georgia the chief justice was appointed by the assembly, but the people elected the county judges annually; in New Jersey, Delaware, and Pennsylvania the assemblies chose the judges for seven years; in Massachusetts, New York, and Maryland the governor and council appointed the judges who held office during good behavior ”

“ It is not consistent with the spirit in which justice should be administered that it should be paid for by the litigants. This was the view expressed by the County Court Commissioners, but no effect has been given to their opinion. There is no reason in justice or expediency why the County Court, the poor man's court, should be supported by the suitors themselves while the High Court, the rich man's court, is mainly paid for by the State.
DISCUSSING THE CASE.
We have endeavoured to point out, in a temperate spirit, the chief defects of the present County Court system. ”

“ For many years it has been the practice of parliament to throw on the county court judges the duty of acting as judges or arbitrators for the purpose of new legislation relating to social subjects. It is impossible to classify the many statutes which have been passed since 1846 and which confer some jurisdiction, apart from that under the County Courts Act, on county courts or their judges. ”

“ It is well in many ways, as we have seen, to have in every town, village, and city, courts of limited jurisdiction. But to establish justice in any generous or satisfying sense there should be within the reach of every citizen a court competent to try any difference between individuals regardless of the amount in controversy, and able to punish any crime against the laws of the state. To bring such a court within the reach of every one was the original reason for the establishment of the county, and remains today the greatest advantage derived from its existence. ”

“ In every county are appointed magistrates, called justices of the peace, usually from eight to thirty or forty in number, in proportion to the size of the county, of the most discreet and honest inhabitants. They are nominated by their fellows, but commissioned by the governor, and act without reward. These magistrates have jurisdiction both criminal and civil. If the question before them be a question of law only, they decide on it themselves: but if it be of fact, or of fact, and law combined, it must be referred to a jury. ”

“ Whether a man shall be tried in the county where the offense was committed, or carried to some other county, perhaps hundreds of miles distant, is a matter of much consequence; it is of the venue of the trial. Whether he shall be tried by a jury summoned by the marshal of the United States from the whole territory, or from a section of it, amounting possibly to one-third of its extent, or by a jury of the county in which the act was done, by the sheriff of the county, is of much moment to him ”

“ A court of record has inherent power to preserve order in proceedings before it [Footnote: See Chap. XX.] and, unless other provision be made by law, to appoint a crier or other officer to attend upon its sessions. By statute it is commonly made the duty of the sheriff of the county to attend all courts of record, either personally or by deputy. He also executes such processes as under the practice of the court may be directed to him. Witnesses and jurors are thus summoned by him to appear before the court; arrests and attachments of property are made ”