Elements of Civil Government Part 11

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 pa.s.sage 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 a.s.sist, 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 cla.s.ses--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 a.s.sociate 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 Ma.s.sachusetts; until the judges are seventy years of age in New Hamps.h.i.+re; 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 const.i.tution or laws of the United States, appeals may be taken to the United States Supreme Court at Was.h.i.+ngton.

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 const.i.tution 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.

TERRITORIES.

ORGANIZATION.--Congress organizes the public domain into Territories, fixes their boundaries, and establishes their governments. The act of organization is pa.s.sed as soon as the population is dense enough to require governmental authority.

EXECUTIVE DEPARTMENT.--The governor and the secretary of the Territory are appointed by the President of the United States, with the consent of the United States Senate, and serve for four years, unless removed.

The governor appoints a treasurer, an auditor or comptroller, a superintendent of public instruction, an attorney-general, and several other territorial officers.

LEGISLATIVE DEPARTMENT.--The legislature consists of a senate of eight or fifteen members, and a house of representatives of sixteen or thirty members elected by the people of the Territory. The senate is sometimes called the upper house of the legislature. Although the governor and the legislature rule the Territory, all laws pa.s.sed by them must be submitted to Congress, and, if disapproved, they become null and void.

JUDICIAL DEPARTMENT.--The judiciary consists of a supreme court and inferior courts. The chief justice and two or more a.s.sociate justices of the supreme court are appointed for four years by the President, with the consent of the Senate. The inferior courts are established by the territorial legislature.

REPRESENTATION IN CONGRESS.--Each Territory elects a delegate to the Congress of the United States. Territorial delegates serve upon committees, and have the right to debate, but not to vote. Their real duties are as agents of their respective Territories.

LAWS.--Territories are governed by the laws of Congress, by the common law, and by the laws pa.s.sed by the territorial legislatures. The governor may pardon offenses against territorial laws, and may grant reprieves for offenses against the laws of Congress, until the cases can be acted upon by the President.

LOCAL AFFAIRS.--The local interests of a Territory are similar to those of a State. Taxation, schools, public works, and the administration of justice are supported by the people. The people of the Territories have no voice in the election of President, and none in the government of the United States except through their delegates in Congress.

PURPOSES.--The chief purposes of the territorial government are to give the people the protection of the law, and to prepare the Territory for admission into the Union as a State. A State is a member of the Union, with all the rights and privileges of self-government; a Territory is under the Union, subject at all times, and in all things, to regulation by the government of the United States.

All the States, except the original thirteen (including Maine, Vermont, Kentucky, and West Virginia) and California and Texas, have had territorial governments. A Territory is not entirely self-governing; it may be called a State in infancy, requiring the special care of the United States to prepare it for statehood and for admission into the Union "upon an equal footing with the original States in all respects."

Hawaii and Alaska ill.u.s.trate the territorial form of government described above. The following are exceptions to the rule:

The District of Columbia is neither a State nor a Territory. It resembles a Territory in being directly governed by Congress in such manner as that body may choose, but it differs from a Territory since it can never become a State.

It is not represented in the government of the United States, and its inhabitants have no voice in local matters. Its affairs are administered by three commissioners, appointed by the President, with the consent of the Senate, and they are subject to the laws of Congress.

Porto Rico and Philippines have each a legislature and are governed much like a Territory; but their people are not citizens of the United States. They are practically colonies.

SUGGESTIVE QUESTIONS.

1. Is it better that judges be elected, or that they be appointed? Why?

2. Why should a judge's term of office be lengthy?

3. Who is chief justice of this State?

4. Who is the judge of the circuit or district court of this district?

5. At what dates does this court hold sessions in this county?

6. How many organized Territories now in the United States? Give their names.

7. When did this State cease to be a Territory?

8. Why should delegates from the Territories not have the privilege of voting in Congress?

QUESTION FOR DEBATE.

_Resolved_, That the judges of the higher courts should be appointed by the governor, and hold their positions during life and good behavior.