THE OHIO JUDICIARY.

MOSES M. GRANGER.

The committee in charge of these centennial proceedings asked me "to speak not exceeding twenty or twenty-five minutes," and to write a fuller article on the Judiciary of Ohio for publication as part of said proceedings.

MOSES M. GRANGER.

Time, therefore, will now and here only permit a brief outline of my subject matter followed by a fuller presentation of a few incidents of interest.

The constitution of 1802 provided for a Supreme Court with three judges to be elected by the Legislature for terms of seven years, "if they so long behave well"; directed a division of the state into three Common Pleas Circuits; the election by the Legislature of a president judge for each circuit, and of not more than three, nor less than two associate judges for each county, for terms of seven years "if so long they behave well"; and that a competent number of justices of the peace should be elected by the qualified voters in each township in the several counties. to continue in office three years. After five years the Legislature was authorized to add a fourth judge to the Supreme Court, and to increase the number of circuits of the Common Pleas. When four supreme judges should be in office, they might divide the state into two circuits, within which any two judges might hold a court. The constitution directed the Supreme Court to hold a term once a year in each county. The Common Pleas terms were fixed by the Legislature; three terms each year in

each county. The associate judges could hold special terms at any time for probate business.

In 1804 the Legislature added a fourth judge to the Supreme Court; in 1810 it reduced the number to three; in 1816 again added a fourth judge. The Court continued to have that number of judges until on February 9, 1852, a new Court, under the constitution of 1851, began work. The number of common pleas circuits was from time to time added to as population increased and new counties were created. There were twenty circuits in 1851.

In December, 1809, the governor's message urged the Legislature to repeal the act of 1808. He argued that under that act only two judges would sit in each county, and, if they disagreed, the judgment complained of would necessarily be affirmed by the voice of only one judge. In practice this evil seldom, if ever, occurred. When the two judges on a circuit disagreed, on motion of either counsel, they reserved the case for hearing and decision by the whole Court sitting at the Capitol "in Bank," as it was called, pursuant to a statute enacted by the General Assembly.

The constitution of 1851, provided for a Supreme Court of five judges, elected by the people, for terms of five years; divided the state into nine common pleas districts, later increased to ten; each district, having more than three counties, contained three sub-divisions; each sub-division, by popular vote, chose one judge of common pleas for a term of five years. Under later legislation in each sub-division additional common pleas judges. were chosen; so that now there are eighty judges of said Court.

In each county, each year, one judge of the Supreme Court with the common pleas judges of the district held one term of a "District Court," which took the place of the old "Supreme Court on the Circuit." The entire Supreme Court were required to held a term beginning each year in January at the capitol. A probate judge, elected by the people in each county for a term of three years, took the place of the associate judges.

In 1873 an amendment of the constitution authorized the Legislature to provide, once in ten years, a Supreme Court Commission of five judges, to be nominated by the governor and

confirmed by the State Senate. Governor Hayes appointed the first commission, which sat for three years, 1876 to 1879; and Governor Foster a second commission of five judges which sat from April, 1883, to April 1885.

In 1884 the state was divided into seven circuits, in each of which the people elected three circuit judges for terms of six years. On February 9, 1885, this court took the place of the former District Court. An eighth circuit was added in 1887. In 1892 a sixth judge was added to the Supreme Court; his term and the term of each judge thereafter chosen for a full term, to continue six years.

Besides the courts I have named, from 1838 to February, 1853, one judge elected for seven years by the Legislature held the Superior and Commercial Court of Cincinnati; from 1848 to February, 1853. a like judge held the Superior Court of Cleveland; from April, 1854, a Superior Court of the city of Cincinnati has been held by three judges chosen by the city voters for terms of five years; from July 1, 1856, to July 1, 1886, one judge --chosen by the voters of Montgomery County for a five year term-held the Superior Court of Montgomery County; from March, 1857, to April, 1865, a like judge, chosen by the voters of Franklin County, held the Superior Court of Franklin County; and from March, 1852, to May, 1854, a like judge, chosen by the voters of Hamilton County, held the Criminal Court of Hamilton County.

Besides ordinary probate jurisdiction the Probate Court in each county had been clothed with power in many cases and proceedings not requiring a jury; with jurisdiction of jury cases for appropriation of property for public use, and with considerable minor criminal jurisdiction.

ORDER OF PRECEDENCE AMONG THE JUDGES.

The act of April 15, 1803, directed the governor to commission one of the three judges elected by the General Assembly "chief judge," and provided that the other two, and all future judges should have precedence according to the respective dates of their commissions: when more than one commission was of

the same date, the judges to rank according to their respective ages.

The act of February 7, 1831, Vol. 29, p. 56, gave precedence according to date of commission, but provided that any judge re-elected for two or more terms in succession, should rank as of the date of his first commission; where two or more held commissions of the same date, they took rank according to their respective ages. The judge entitled to precedence over all others to be styled chief judge of said court.

The act of February 19, 1852, Vol. 50, p. 67, provided that the judge of the Supreme Court having the shortest time to serve (he not holding by appointment or election to fill a vacancy) should be the presiding or chief judge of said court.

The act of 1892, Vol. 89, p 318, authorized the Court to divide itself into two divisions, each composed of three judges. The two judges having the shortest time to serve (not holding by appointment or election to fill a vacancy) shall preside in their respective divisions at all terms thereof. In case of the absence of either, the judge holding the next shortest term shall preside. The elder in service of the two chief justices shall preside at a sitting of the whole Court.

The commissions chose their own chief judges. Judge Josiah Scott, so chosen in February, 1876, declined to act. Judge Luther Day served during that year, and Judge William W. Johnson during term from February, 1877, to February, 1879. Judge Moses M. Granger, twice chosen by the unanimous vote of his four associates, served from April 17, 1883, to April 17, 1885. As his business required his presence in Zanesville a part of every week, by agreement the second commission took a recess from noon of every Friday, until noon of Monday; each judge doing a full week's work.

The statutes now require the Supreme Court to hold an annual term beginning on the Tuesday after the first Monday in January, at Columbus, Ohio. It may hold special or adjourned terms at such times and places as the judges or a majority of them shall, from time to time, determine; but if held elsewhere than in Columbus thirty days notice of time and place must be published in Columbus newspapers.

o. c.-21.

SALARIES PAID.

Section 19, Article 1, Constitution of 1802, forbade payment before 1808-of more than 1,000 dollars per year to any judge of the Supreme Court, or more than 800 dollars per year to any president judge of the Court of Common Pleas. The act of 1803 made said salaries 900 and 750 dollars, respectively.

The act of March 2, 1837, Vol. 35, p. 17, made the salaries of each judge of the Supreme Court 1,500 dollars per year; and that of each president judge of Common Pleas, 1,200 dollars.

The act of May 1, 1852, Vol. 50, p. 221, made the respective salaries 1,700 dollars and 1,500 dollars.

The act of January 24, 1867, Vol. 64, p. 9, made them 3,000 dollars and 2,500 dollars.

The act of March 18, 1887, made the respective salaries $4,000 and $2,500; the act of April 10, 1900, made then $5,000 and $2,500; and that of February 7, 1902, made them $6,000 and $2,500.

It is not now easy to picture for ourselves in thought the Ohio judiciary as they administered justice during the first decades of Ohio life. Many of them had been born and educated in the "Old Thirteen States;" some had graduated at Yale College and studied law at the noted law school of Judge Reeves in Litchfield, Connecticut; while others were almost self-made as students of the law. Within all Ohio, in those early years, the aggregate of law books did not number so many as may now be found in each leading law office in our county towns. Every lawyer judge traveled many hundreds of miles each year upon a circuit in which the best roads were very poor, and the most of them often impassable on wheels. The president judge of the Third (then the eastern) Circuit, began at Warren, Trumbull County, on the sec ond Tuesday in March, and ended at Zanesville, Muskingum County, as soon after the fourth Tuesday in December, as the docket there would permit; but next before going to Zanesville, he had to sit at Marietta. If you look at the map you can trace him from Warren in Trumbull via New Lisbon in Columbiana, Steubenville in Jefferson, St. Clairsville in Belmont, and Marietta