the light that comes from a real issue between the litigant parties are entitled to little more respect than if given by the judges in their private capacities; indeed they have given rise to a singular amount of doubtful law, notably that in Massachusetts upon a compulsory weekly payment law, and that in Colorado against the eight-hour law in mines.1

§ 653. Opinions on Appeal. When a judgment or decree is reversed or confirmed by the Supreme Court, every point fairly arising upon the record of the case shall be considered and decided, and the reasons therefor shall be concisely stated in writing, signed by the judges concurring, filed in the office of the clerk of the Supreme Court, and preserved with a record of the case. Any judge dissenting therefrom may give the reasons of his dissent in writing over his signature.2

It shall be the duty of the court to prepare a syllabus of the points adjudicated in each case, which shall be concurred in by a majority of the judges thereof, and it shall be prefixed to the published reports of the case.3

4

5

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§ 654. Judges. Generally speaking, the States have not followed the example of Massachusetts and of both the English and the United States Constitution, in making all judges independent of popular election and irremovable during good behavior. Four States only still provide that all judges shall be appointed by the governor or by the governor and council; but a few other States require this specially of the judges of the Supreme Court, though they must be confirmed by the Senate or, in Connecticut, the Legislature. In three other States Supreme Court judges are elected by the two Houses of the Legislature in joint convention, and in the Territories and District of Columbia appointed by the President and confirmed by the Senate. In all the other States the judges of the Supreme Court are elected by the people of the entire State. Yet, in 1798, none of the States chose their judges by popular election, and in most States their tenure was for life (Smith, View of Constitutions, p. 33).

Judges of the Superior Courts are in all the States except the four above mentioned elected by the people, though in several they are elected by the Legislature in joint convention,' and in others appointed by the Governor and confirmed by the Senate.2 And so generally of the minor judges.

The terms of office of judges vary from a life tenure as in Massachusetts, New Hampshire, and Rhode Island, through definite periods ranging from twenty-one years in Pennsylvania to two years in Vermont; but the usual term seems to be six years in the case of judges of the Supreme Court, and four years for judges of the Superior Court, and two years for justices of the peace.

The Constitutions usually provide that a judge of the Supreme Court shall be of a certain age, varying from twenty-five to thirty-six, and that he must be a citizen of the United States or the State. A few State Constitutions provide that he shall be learned in the law;3 others that he shall have practised a certain number of years. By the Constitutions of nearly all the States, judges must receive a regular fixed compensation, but no other fees or perquisites; and this may not be increased nor diminished during their term of office. Four States provide for the retirement of judges after they have attained the age of seventy years. Some State Constitutions prescribe that no judge can sit in a case where he is interested or related to the parties. In like manner a few State Constitutions provide that no judge shall practise law or act as attorney; and that he shall not sit in appeal upon any decision made by him or by any Court of which he was at the time a member, or in which he acted as counsel. If a judge absent himself from the State for sixty days, he forfeits his office. For appeals, see § 78.

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1 Ga. 6, 3, 2; N. J. 7, 2, 2; S. C. 5, able his judgment would be reversed 13; Va. 96. upon appeal.

2 Fla. 5, 8, 1901, p. 360; Miss. 153; N. J. 7, 2, 1.

This principle was early established in England. See Historical Digest, Book II.

Ct. Amt. 12; Md. 4, 3; N. H. 2, 77; N. Y. 6, 12.

5 Ark. 7, 20; Del. 4, 16; Md. 4, 7; Miss. 165; N. D. 100; Tenn. 6, 11; S. C. 5, 6; Tex. 5, 11; Utah 8, 15. This constitutional provision seems hardly necessary, it being the judicial duty of a judge in any such case to recuse himself; if he were not to do so, it is prob

• Ark. 7, 25; Cal. 6, 22; Col. 6, 18; Ala. 162; Kan. 3, 13; Neb. 6, 14; N. Y. 6, 20; N. D. 117; S. D. 5, 31; Va. 105; Wash. 5, 19; W. Va. 8, 16; Wy. 5, 25.

7 Ark.; Ill. 6, 11; Md. 4, 15; N. J. 6, 2, 5; N. Y. 6, 3; Ore. 7, 6; S. C. 5, 6; W. Va. 8, 29; Utah 8, 13.

8 Ark.; Md. 4, 7; S. C.; Tenn. 6, 11; Tex. 5, 11; Utah 8, 13.

Cal. 6, 9; Mon. 8, 37. So ninety days, but the governor may give him leave of absence "in case of extreme necessity" (Utah 8, 27; Wash. 4, 8).

ARTICLE 66. REMEDIAL LAWS

§ 660. Laws General. - All laws relating to courts must, by a few of the Constitutions, be general and of uniform operation.1 So, in several, the jurisdiction of all courts of the same grade or class, so far as regulated by law. So, also, the practice of such courts. And the effect of their judgments, decrees, or process, shall be uniform.*

3

§ 661. Arbitration. - The Constitutions of several States provide that the Legislature shall pass laws allowing parties to determine suits by arbitration. So, in others, that the Legislature may establish "courts of conciliation." So, in one, that they may refer suits to a practising lawyer as referee.' But such arbitrators, referees, or courts may not render final judgment obligatory on the parties, except upon submission by the parties and their agreement to abide such judgment. So there must always be an appeal to the Supreme Court from boards of compulsory arbitration.

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§ 662. Contempts. 10 - The Legislature may regulate the exercise by the courts of the right to punish for contempt; " in Oklahoma, it shall do so.1 In one it is provided that the Legislature shall have power to regulate by law the punishment of contempts not committed in the presence or hearing of the courts, or in disobedience of process. 13 Punishment may not extend to imprisonment in peni

tentiary.14

"The Legislature shall pass laws defining contempts and regulating the proceedings and punishment in matters of contempt: Provided, That any person accused of violating or disobeying, when not in the presence or hearing of the court, or judge sitting as such, any order of injunction, or estaint (sic), made or entered by any court

1 Col. 6, 28; Ga. 6, 9, 1; Ida. 5, 26; Ill. 6, 29; Mon. 8, 26; Neb. 6, 19; Pa. 5, 26; S. D. 5, 34. See § 395.

2 Col., Ga., Ill., Neb., Pa.

3 Col., Ga., Ill., Neb., S. D.

4 Col., Ga., Ill., Neb., Pa., S. D. Ala. 84; Col. 18, 3; Ky. 250; La. 176; S. C. 6, 1; Tex. 16, 13.

Ida. 13, 72; Ind. 7, 19; Mich. 6, 23; N. D. 120; O. 4, 19; Utah 16, 2; Wis. 7, 16; Wy. 5, 1; 19, 1.

7 Fla. 5, 20.

or judge of the State shall, before penalty or punishment is imposed, be entitled to a trial by jury as to the guilt or innocence of the accused. In no case shall a penalty or punishment be imposed for contempt until an opportunity to be heard is given."

§ 663. Attorneys. - By the Constitution of Indiana, every person of good moral character, being a voter, shall be entitled to admission to practise in the courts.2 But in most States they must have some education in the law, or pass an examination.

§ 664. Codes. (See also § 308.) The Constitutions of a few States provide for codes of civil and criminal practice. So, in three, for codes of the general laws. The Constitution of one State provides that no general revision of the laws shall hereafter (1850) be made, and that, when a reprint is necessary, the Legislature shall appoint a suitable person to collect such acts as are in force and arrange them without alteration. But in several, the Constitution provides that there shall be a revision and digest every ten years; every twelve years, beginning with 1902.7

8

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§ 665. Speedy Decisions. - The Constitution of California provides that no judge of the Supreme or Superior Courts shall receive his salary until he make affidavit that no cause in his court remains undecided that has been submitted for decision for the period of ninety days. So he must decide all cases within ninety days "after submission." So, in one other, such judges must file their decisions within sixty days after the end of the term at which the causes were heard,10 so, thirty days," or six months. 12 And in Georgia, the Supreme Court must dispose of every case at the first or second term after the writ of error is brought.13 Every point in the record must be decided, and the reason concisely stated in writing.14

§ 666. Opinions. - All judges must state the law and reasons of their decisions. 15 Concurring and dissenting opinions must not be published; 16 in other States, they may be." Reports are provided

1 Okla. 2, 25.

2 Ind. 7, 21.

Ind. 7, 20; O. 14, 2; S. C. 6, 5;

Wis. 7, 22.

Ala. 85; Ind.; S. C.

5 Mich. 18, 15.

10 S. C. 4, 17.

11 Ida. 5, 17.

12 Okla. 7, 5.

13 Ga. 6, 2, 6.

14 Okla. 7, 5; Wash. 4, 2. See also $653. Such provisions have been held

Mo. 4, 41 (1875); S. C.; Tex. 3, 43 unconstitutional when made by statute.

(1879).

7 Ala. 85.

8 Cal. 6, 24.

• Wash. 4, 20.

15 Cal. Nov. 8, 1904; La. 91; N. D. 16 La. 92. See also § 653.

17 N. D.,

Utah.

for by the Constitution.' Judges must prepare a "syllabus." A majority or quorum is necessary to any decision. Upon a constitutional question or one involving State or Federal rights, the Supreme Court may call for the advice of the judges of the Circuit Court.*

ARTICLE 67. PROCEDURE 5

$670. Forms of Action. In several States, the Constitution provides that there shall be but one form of civil action.

§ 671. Equity. (See also § 651.) (See also § 651.) In several States, the Constitution provides that the Legislature shall abolish the distinction between law and equity proceedings. So, in two others, law and equity may be administered in the same action. And in Georgia, the Legislature may confer (and has conferred) upon the common-law courts all the powers of courts of equity. But in Iowa, the Constitution provides that the law and equity jurisdiction (though often vested in the same courts) shall be kept distinct.1o In two States, the testimony in equity is to be taken in the same manner as at law."

§ 672. Feigned Issues are abolished by two State Constitutions.12 § 673. Juries: Qualifications. (For religious qualifications, see § 45.) The Constitution of Tennessee provides that no political test can be required for jurors; 13 in New Hampshire, that great care should be taken that none but qualified persons should serve on juries, and that they should be fully compensated; 14 so, in Vermont, that great care should be taken to prevent corruption or partiality in the choice of juries.15

§ 674. Disqualifications. By the Constitution of one State, no person can serve on a jury who is not a qualified elector of the State, or cannot read and write. And so, in others, the Legislature are

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