of discipline, to elect by the separate ballots of the justices of the several departments presiding justices for the divisions of intermediate appeal therein, and to consider or determine any matters relating to the court. The board of assignment and control may call special meetings of the justices at any time and may require the justices to convene at such meetings within the several departments and counties.

[Note-Conventions of justices, with the consequent reports of work accomplished and the interchange of opinions as to work yet to be done, will unquestionably prove to be one of the most effective agencies for increasing the efficiency of the courts.]

shall be the president of the board of organization.

[Note-Nobody can superintend the process of simplifying our present complicated procedure more effectively or more understandingly than the judges themselves. A board such as is here suggested would be, beyond any doubt, the best possible instrument for carrying out the reforms which are so urgently needed. A constitutional convention, a legislature, a bar seeking reforms, these are futile compared to a committee of judges with adequate powers and adequate knowledge, upon whom the bar and the people can focus their attention and to whom their demands can be effectively presented.]

$14-Procedure. The statutes regu

lature shall provide for the speedy publication of all statutes and decisions of the court and of such judicial statistics as the court may annually require; but all statutes and decisions shall be free for publication by any person.

its

§13-Board of Organization; Duties. The chief judge of the court of appeals and the presiding justices of the several appellate divisions of the supreme court, or their successors, together with three members of the bar who shall be in good standing and shall have been admitted at least fifteen years and who shall be appointed by the chief judge of the court of appeals, are hereby constituted a board of organization which shall consolidate all the courts of the state, except the justices of the peace, in the supreme court as herein re-constituted. It shall adopt a seal for the court; it shall transfer to the court all the business and records of the courts herein consolidated; and it shall assign the clerks, officers and attendants of the consolidated courts to duty in the supreme court in order to preserve the continuity of judicial business. It may exercise any or all of the powers hereinbefore conferred upon the board of assignment and control and it shall continue in office until the board of assignment and control shall be organized. It may appoint a secretary and may employ all necessary legal and clerical assistants.

The chief judge of the court of appeals

the courts which are to be consolidated and the rules of the several courts shall become rules of the supreme court, subject to the provisions of section four of this article; but as statutes they are repealed as of the first day of January, 1917. The board of organization shall promulgate a schedule of the statutes and rules hereby repealed.

§15-Expenses of Consolidation. The legislature shall provide for.all the necessary expenses of the board of organiza

tion.

THE ILLINOIS DRAFT

Considerable work has been done by committees representing the law and political science faculties of the University of Illinois, Chicago University and Northwestern University in anticipation of a constitutional convention. The following revision of the judiciary article is by Mr. Albert M. Kales, no wof the Chicago law firm of Fisher, Boyden, Kales & Bell. His manner of treatment will prove suggestive and helpful to other workers in this field:

Section 1. [As it now exists.] The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, circuit courts, county' courts, justices of the peace, police magistrates, and such courts as may be created by law in and for cities and incorporated towns.

This announces the principle afterwards carried out of providing for a rigid plan of courts in the constitution and placing that plan beyond the power of the legislature to alter it. This insures uniformity at the expense of too great rigidity and the prevention of needed improvements by the legislature. So long as the organization of the Supreme Court is prescribed by the constitution and protected from the action of the legislature, we ought to be able to leave the organization of the inferior courts to the action of the legislature, subject only to a general requirement that all acts of the legislature relating to courts shall be general and of uniform operation.

Pursuant to these views, it is suggested that section 1 read as follows:

Section 1. [As proposed.] The judicial powers, except as in this article is otherwise provided, shall be vested in 1. One supreme court, and

2. In such inferior courts and other tribunals as the legislature may from time to time ordain and establish.

Section 2. [As it now exists.] The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue, in mandamus and habeas corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief justice; four shall constitute a quorum, and the concurrence of four shall be necessary to every decision.

This relates to jurisdiction and to the number of judges. The two subjects should go into different sections.

As far as appellate jurisdiction is concerned, section 2 appears to cast upon the Supreme Court all appellate jurisdiction. Under section 11, however, which provides for the establishment of appellate courts, the legislature may cut down the appellate jurisdiction of the Supreme Court except in "all criminal cases and cases in which a franchise or freehold or the validity of a statute is involved." As matters now stand, therefore, the only jurisdiction of the Supreme Court which is protected by the constitution is in the class of cases last mentioned.

As it will be hereafter suggested that the organization of appellate courts be left within the control of the legislature, it is important to protect the jurisdiction of the Supreme Court from action by the legislature as it is now protected and at the same time to leave the legislature to confer such

other jurisdiction upon the Supreme Court as it thinks best.

Pursuant to these views, Section 2 and Section 2a should read as follows: Section 2. [As proposed.] The supreme court shall have

Original jurisdiction in cases relating to the revenue, in mandamus and habeas corpus, and

2. Appellate jurisdiction (a) in all criminal cases, and (b) cases in which is involved a franchise, or freehold, or the validity of a statute, and

3. Original and appellate jurisdiction in such other cases as may be provided by law.

Section 2a. [As proposed.] The supreme court shall consist of seven judges. One of said judges shall be chief justice; four shall constitute a quorum, and the concurrence of four shall be necessary to every decision.

Section 3. [As it now exists and as proposed.] No person shall be eligible to the office of judge of the supreme court unless he shall be at least thirty years of age, and a citizen of the United States, nor unless he shall have resided in this state five years next preceding his election, and be a resident of the district in which he shall be elected.

No change in this is suggested.

Section 4. [As it now exists.] Terms of the supreme court shall continue to be held in the present grand divisions at the several places now provided for holding the same; and until otherwise provided by law, one or more terms of said court shall be held, for the northern division, in the city of Chicago, each year, at such times as said court may appoint, whenever said city or the county of Cook shall provide appropriate rooms therefor, and the use of a suitable library without expense to the State. The judicial divisions may be altered, increased or diminished in number, and the times and places of holding said court may be changed by law.

This is obsolete, as all terms are now held at Springfield. Section 4 should read as follows:

Section 4. [As proposed.] Terms of the supreme court shall, until otherwise

provided by law, continue to be held at the place now provided.

Section 5. [As it now exists.] The present grand divisions shall be preserved, and be denominated Southern, Central and Northern, until otherwise provided by law. The State shall be divided into seven districts for the election of judges, and until otherwise provided by law, they shall be as follows: [The districts are set forth as the same now exist according to the Act of 1903.]

First District.-The counties of St. Clair, Clinton, Washington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Salina, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski and Massac.

Second District.-The counties of Madison, Bond, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun, Christian, Pike and Scott.

Third District.-The counties of Sangamon, Macon, Logan, DeWitt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell.

Fourth District. The counties of Rock

Island, Mercer, Warren, Henderson, Fulton, McDonough, Hancock, Adams, Schuyler, Brown, Mason, Menard, Morgan and Cass.

Fifth District.-The counties of Knox, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy and Woodford.

Sixth District.-The counties of Whiteside, Carroll, Jo Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, Lee and Ogle.

Seventh District.-The counties of Lake, Cook, Will, Kankakee and DuPage. This section is obsolete so far as reference to grand divisions is concerned.

The districting is archaic. The seventh district, which includes Chicago, has a population equal to one-half the total population of the state, yet it is represented in the court by only one judge. On any fair theory of representation, the seventh dis

trict is entitled to at least three out of the seven judges. That would leave the remaining four judges to be chosen from the balance of the state. The most feasible method of selection would be to choose three judges at large from the seventh district and to divide the rest of the state either into four districts, with one judge from each, or two districts with two from each.

The latter is submitted as the better method for the reason that the choice of the electorate of each district is less confined. The adoption of this plan would naturally result in the first three districts becoming the first district, the fourth, fifth and sixth districts, the second district, and the seventh district, the third district.

Section 5, revised by omitting all reference to the grand divisions and providing for three districts, would read as follows:

Section 5. [As proposed.] The State shall be divided into three districts for the election of judges, and until otherwise provided by law they shall be as follows:

First District.-The counties of St. Clair, Clinton, Washington, Jefferson, . Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Salina, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski, Massac, Madison, Bond, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macoupin, Shelby, Cumberland, Pike, Scott, Sangamon, Macon, Logan, Clark, Greene, Jersey, Calhoun, Christian, DeWitt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell.

Second District.-The counties of Fulton, McDonough, Hancock, Schuyler, Brown, Adams, Mason, Menard, Morgan, Cass, Knox, Warren, Henderson, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy, Woodford, Whiteside, Carroll, Jo Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, DeKalb, Lee, Ogle and Rock Island.

Third District-The counties of Lake, Cook, Will, Kankakee and DuPage.

The boundaries of the districts may be changed at the session of the general assembly next preceding the election for

judges therein, and at no other time; but whenever such alterations shall be made, the same shall be upon the rule of equality of population, as nearly as county bounds will allow, and the districts shall be composed of contiguous counties, in as nearly compact form as circumstances will permit. The alteration of the districts shall not affect the tenure of office of any judge.

Section 6. [As it now exists.] At the time of voting on the adoption of this constitution, one judge of the supreme court shall be elected by the electors thereof, in each of said districts number two, three, six and seven, who shall hold his office for the term of nine years, from the first Monday of June, in the year of our Lord 1870. The term of office of judges of the supreme court, elected after the adoption of this constitution, shall be nine years; and on the first Monday of June of the year in which the term of any of the judges in office at the adoption of this constitution, or of the judges then elected, shall expire, and every nine years thereafter, there shall be an election for the successor or successors of such judges, in the respective districts wherein the term of such judges shall expire. The chief justice shall continue to act as such until the expiration of the term for which he was elected, after which the judges shall choose one of their number chief justice.

A part of section 6 is clearly obsolete.

The balance needs rewriting in order to carry out the idea of the election of two judges from each of the first and second districts and three judges from the third district, and at the same time continue the present judges in office until the expiration of their terms.

Assuming this article of the constitution to be adopted before the year 1918, the terms of three judges from the first district would expire in 1924. In the second district one judge's term would expire in 1918 and one in 1921 and one, 1924. The constitution can, therefore, provide that in 1924 and every nine years thereafter two judges shall be elected in the first district; that in 1921 and every nine years thereafter one judge shall be elected in the second district, and that in 1924 and every nine years thereafter

another judge be elected from the second district; that in the third district one judge be elected in 1918 and every nine years thereafter, and that in 1924 and every nine years thereafter two judges be elected.

In order to facilitate the transfer of the election of judges in the third district to each of the other two districts, it might be provided that if the office of the judge of the first district whose term expires in 1924 should become vacant prior to that date, then the unexpired term shall be filled by election or appointment from the third district, and if the office of the judge of the second district whose term expires in 1918 should become vacant between that date the unexpired term should be filled by election or appointment from the third district. The effect of such a provision would be that if any judgeship in the first or second districts became vacant before the term expired, by the death or resignation of the judge, then the judge who held the term which was to be transferred to the third district would certainly run, in order to secure the unexpired term on the expiration of which there would be an election from the district in which the judge resided. To carry out these suggestions section 6 should be rewritten to read as follows:

Section 6. [As proposed.] The first judges of the supreme court shall be the judges of the supreme court at the time of the adoption of this constitution. Each judge shall hold office until the expiration of the term for which he was elected. The term of office of judges of the supreme court elected after the adoption of this constitution and after the expiration of the term of office respectively of the judges holding office at the time of the adoption. of this constitution shall be nine years. On the first Monday of June, 1924, and every nine years thereafter two judges shall be elected in the first district, one in the second district and two in the third district. On the first Monday of June, 1921, and every nine years thereafter one judge shall be elected in the second district. On the first Monday of June, 1918, and every nine years thereafter one judge shall be elected in the third district. Provided, however, that if the office of the judge of the first district whose term shall expire on the first Monday of June, 1924, should become vacant prior to that