Page:The Green Bag (1889–1914), Volume 02.pdf/577

 530

called upon by resolution of the assembly for its opinion of the constitutionality of the act, declared it unconstitutional. The court held that the Constitution, by vesting "the judicial power" in the courts, gives the ju dicial power exclusively to the courts, and by implication denies it to the General As sembly. While the court denied the power of the assembly to pass the act in question,

it inconsistently con ceded to the assembly the right to exercise such judicial powers as it had exercised just before and sub sequently to the adop tion of the Constitu tion. In 1856 the decision in Taylor v. Place settled this question, and denied to the General Assem bly the right to exer cise judicial powers in any instance. The General Assem bly grudgingly and by piecemeal yielded up its equity jurisdiction to the court. In 1667 an act authorized the court to chancerize forfeitures and to pro SAMUEL ceed according to rules of equity when any penalty, conditional estate, or equity of re demption was sued for. The court was empowered in 1798 to entertain a bill to redeem, and in 1822 a bill for foreclosure and jurisdiction on appeals from town-coun cils was conferred over property held for charitable uses. In 1836 the jurisdiction was extended to trusts and to controversies between partners and to proceedings against banks for forfeitures of charters. In 1841 full equity powers in cases of fraud were given the court. The new Constitution empowered the Gen-

eral Assembly to confer chancery powers upon the Supreme Court. In the revision of the statutes which followed, the court was in vested with the complete equity jurisdiction which it now enjoys. Since 1847 the court has been vested with original jurisdiction concurrently with the Court of Common Pleas in civil suits for one hundred dollars and over. The amount sued for in Providence County must now be at least three hundred dollars. Since the adoption of the Constitution the court has been enti tled " The Supreme Court." The Consti tution does not define the jurisdiction of the court, but it provides that it shall be vested with such jurisdiction as might be prescribed by law. There were four judges until 1875, when the number was increased to five. The judges are elected by the two houses of the General Assembly in grand committee. If elected AMES at the annual session of the General Assem bly for the election of public officers, the judges hold office for life, unless they resign or are removed. If a vacancy occurs during the year, the office may be filled by the grand committee until the next annual elec tion, and the judge then elected holds office as stated. Judges may be removed at the an nual election by a concurrent vote of the two houses of the assembly, a majority of all the members of each house voting for such re moval. This power, however, has never been exercised by the assembly. Two of the Su preme Court judges are designated by a