CHAPTER XIX.

JUDICIAL DEPARTMENT.

ARTICLE V. .

Courts. The judicial department consists of the supreme and district courts, both of which are authorized by the constitution. Several inferior courts have been established by law, and a discussion of these will be found elsewhere. The supreme court at first consisted of three members, but the number has since been increased to six, four of whom constitute a quorum to hold court.

Supreme Court.-The term of office of judges of the supreme court is six years, and hereafter one judge will be chosen at the general election each year. The six judges join in the open session of the court, and in all other court duties, but in the preliminary examination of cases submitted to them, they are separated into two sections of three each. No case is decided by this court until it has been considered by the entire court and a decision agreed upon by at least four members. The salary of each judge of the supreme court is four thousand dollars a year.

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Meetings.-The meetings of the supreme court are held at the capital in a room known as the supreme court room. Three sessions of the court are held each year, the first commencing on the second Tuesday in January, the second, on the first Tuesday after the first Monday in May, and the third, on the first Tuesday after the third Monday of September. During the time the court is not in session, the members are engaged in examining the evidence in cases that have been appealed from lower courts.

Powers. The supreme court has the sole power of determining whether any law passed by the general assembly is constitutional or not. If any provision of the constitution of the state is violated by the terms of a law, that law is unconstitutional, and when so declared by the supreme court, it is no longer considered a law of the state.

This court also decides whether, or not, certain cases appealed to it have been properly tried in the lower court. If a majority of the members of the supreme court vote in favor of sustaining the decision made by the district court, the decision is said to be affirmed. If, however, the majority vote against the decision of the lower court, the decision is reversed.

Chief Justice.-The judge having the shortest term to serve acts as chief justice. From this it will be seen that each member of the supreme court is chief justice during the last year of his term. Judges of this court are ineligible to any other office in this state during the term for which they have been elected.

The supreme court is a tribunal for the interpretation of law and the correction of errors made by judges of the lower courts. It has appellate jurisdiction in cases of chancery only. In addition to the above-mentioned powers, this court has the general supervision of all the lower courts.

His

Clerk and Reporter.-The clerk of the supreme court has charge of all decisions made by the court. duties are such as are indicated by his title. He is placed

under bonds to the amount of not less than ten thousand dollars, and for his services he receives twenty-two hundred dollars per year. He is allowed to appoint a deputy, who is paid fifteen hundred dollars per year. The next

election of clerk and reporter of the supreme court occurs in the year 1902. Their term of office is four years.

The supreme court reporter has charge of publishing the decisions of the court in reports of from seven hundred fifty to eight hundred pages each. These reports are copyrighted in the name of the state, and the reporter is forbid den to have any pecuniary interest in them. hundred dollars for each volume of reports published.

Salary, six

District Court.-The district court now has general original jurisdiction in all suits at law, both civil and crim*inal, except those in which exclusive or concurrent jurisdiction is given to some other court specially authorized by the constitution and laws of the state. It is also a court of equity. As a court of probate, it has exclusive original jurisdiction in the proving of wills, and in the appointments of administrators, guardians, and trustees to settle the estates of persons deceased. This court also serves as a court of appeals in certain proceedings from justice and police courts.

District Judges.-Iowa is separated into twenty judicial districts, and there are in all fifty-three judges. Each district has from one to four judges, according to the amount of business to be transacted, Judges of the supreme court elected hereafter will receive six thousand dollars a year. The present members will receive four thousand dollars a year till the expiration of their respective terms. The term of office is four years, beginning on the first of January following the election. Judges are chosen at the general election by the qualified voters of the district in which they reside. A list of the judicial districts will be found at the close of Part I. of this volume.

CHAPTER XX.

JUDICIAL DEPARTMENT.-CONTINUED.

District Court Powers.-In addition to the regular judicial business of this court, it has the general supervision of all inferior courts, and provides for the correction of abuses, in case no special remedy is fixed by law. It also has exclusive jurisdiction over all indictments presented by the grand jury.

Indictment.—An indictment is a written accusation presented to the court in which the grand jury is impaneled, charging the person named therein with the violation of the criminal law, or with the commission of some act which is punishable on indictment. Such an accusation can be made only upon the sworn statement of witnesses examined by the grand jury, or by evidence furnished by certain legal documents, as provided by law.

Jurors. All qualified electors of the state, of good moral character, sound judgment, and in full possession of the senses of hearing and seeing, and who can speak, read, and write the English language, are competent jurors in their respective counties. There are certain exceptions, however. All persons holding office under the laws of the United States, or of this state, all practicing attorneys. physicians, and clergymen, all practicing professors or teachers in any institution of learning, registered pharmacists, and all persons disabled by bodily infirmity, or over

sixty-five years of age, are exempt from liability to act as jurors. Any person summoned as a juror may be excused from serving for good cause shown.

Grand Jury. The grand jury of any county serves as an investigator of crimes committed in that county. It has no power to try criminals and fix the punishment for crimes committed. Real or alleged violations of the criminal laws of the state are reported to the grand jury, and if the evidence against any person is such as to indicate that he has committed a crime, the grand jury prefers an indictment against him. He is then arrested, if possible, and held for trial before the petit jury.

Number of Jurors.-By an act of the Twenty-sixth General Assembly the grand jury consists of seven members. A list of the names of seventy-five persons qualified to serve as jurors is made in each county annually, and from this number twelve names are chosen. From these twelve names, the seven persons who are to serve as grand jurors for each term are selected. The county auditor and clerk of the district court have charge of preparing the lists of grand and petit jurors.

Petit Jury. In counties having a population of fifteen thousand, or less, the number of petit jurors drawn is fifteen, unless the judge otherwise directs. In counties having a greater population, the number of petit jurors is twenty-four. Twelve of these are selected as a trial jury, unless objections are raised against them by one or both parties to the suit. A trial jury always consists of twelve members in the district court, and provision is made for increasing the number of persons from whom the jurors may be selected, if necessary.