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The Green Bag

state offices. Supreme Court cannot hold a statute unconstitutional unless all but one of the judges concur, although a similar judg ment of the Court of Appeals may be affirmed by a majority decision. Gives name of Court of Appeals to circuit courts, and gives the Court of Appeals final jurisdiction in all cases save felonies and cases involving constitutional questions. Requires judgments of the Common Pleas courts to be overruled only with the concurrence of all the judges of the Court of Appeals on the weight of the evidence, though by a majority of the judges on other questions. Provides that equity appeal cases are not to be tried de nova, or as in the first instance, by courts of appeal. No. 3 — Depositions in Criminal Cases. Pro vides that the state shall have the right to take depositions of absent witnesses to be used in the trial. Failure of the accused to testify may be the subject of comment by counsel and may be weighed by judge and jury.

The requirement that no statute shall be set aside as unconstitutional unless all but one of the seven judges of the Supreme Court concur in the decis ion illustrates the tendency to restrict the undoubted evil of excessive judicial tampering with legislation. The limita tion seems rather too drastic, however, when we consider that the rights of minorities should be safe in the hands of a decisive majority of the judges, and that a decision in which four of the ablest of six judges, or five of seven, con cur has almost the same moral weight as a unanimous judgment. The proposal that failure of the ac cused to testify may be made the subject of comment by counsel and by the court seems hardly revolutionary or dangerous. STATUTORY MATTERS No. 1 — Three-fourths Verdicts — Trial by Jury. The legislature given power to enact laws whereby juries in civil cases may return verdicts on not less than three-fourths vote; makes no change in criminal trials. The legislature may fix the number of persons necessary to consti

tute a grand jury, as well as the number thereof necessary to concur in an indictment. No. 4 — Suits against State. Provides that suits may be brought against the state. No. 5 — Damage for Wrongful Death. Takes off present limit of 812,000 damages for wrong ful death, and places no limit. No. 15 — Expert Testimony. Legislature may enact laws regulating use of expert witnesses and expert testimony in criminal trials. No. 20 — Common Pleas Courts. Provides for a common pleas court in each county, and gives the people the right to combine the com mon pleas judgcship with the probate judgeship. No. 21 — Justices of the Peace. Justice of the Peace Courts abolished in cities having Police Courts.

Administrative Provisions The recall of judges was defeated in the constitutional convention 57 to 45. A general provision for the removal of public officers, including the judiciary, upon complaint and hearing, however, passed and was ratified by the people. As the charges must be determined by a legislative commission there is no great danger of the abuse of this power in the case of judges. No. 14 — Recall of Public Officers. "Laws shall be passed providing for the prompt re moval from office, upon complaint and hearing, of all officers, including state officers and judges and members of the General Assembly, for any misconduct involving moral turpitude or for other cause provided by law; and this method of removal shall be in addition to impeachment or other method of removal authorized by the constitution." The General Assembly is em powered to create a board or commission to determine charges brought against an official. No. 40 — Local Government. Municipalities are given the right to frame their own charters. They may adopt any plan of local government. Cities have "all powers of local self-govenment," subject to the limitation that they shall not adopt and enforce any local police, sanitary,and other similar regulations which are in conflict with general laws. Municipalities are permitted to own and operate public utilities. By condemnation or otherwise, any municipality may acquire public utilities, and may issue bonds to do so. A vote