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.4

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§ 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."

§ 662. Contempts.1o — The Legislature may regulate the exercise by the courts of the right to punish for contempt;" in Oklahoma, it shall do so.12 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 penitentiary.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.

* 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." 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

$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, so, thirty days," or six months." 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.

4 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.) 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." In two States, the testimony in equity is to be taken in the same manner as at law.11

§ 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;1 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

to pass laws excluding persons from serving on juries in the same cases in which they are excluded from voting.1

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In detail, all persons convicted of bribery are excluded from serving on juries. All persons convicted of treason; 3 of perjury; ' of forgery; of larceny; generally, all persons convicted of infamous crimes; of "other high crimes"; all persons "under interdiction." Unless they are restored to civil rights.10

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$675. Charging the Jury. Several State Constitutions provide that the judge shall not charge juries as to matter of fact," nor comment thereon," but they may state the testimony and declare the law.1 So, they shall declare the law." So, the judges of the Supreme Courts shall instruct the jury in the law. 15

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§ 676. Amendments are, by the Constitution of Delaware, to be allowed by the courts on such terms as they deem reasonable, in civil cases. 16

§ 677. Witnesses: Parties. - The Constitutions of two States provide that parties may be witnesses." And in one, that parties may be compelled to testify by the opposing party.1

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Criminating evidence may be required in bribery cases, the witness being immune.19

§ 678. Parties Deceased. But in one State, in actions by executors, administrators, and guardians in which judgment may be rendered either for or against them, neither party shall be allowed to testify against the other as to any transactions with, or statements to, the intestate, testator, or ward, unless called to testify thereto by the opposite party or required by the Court.20

$679. Depositions. The Constitution of Delaware provides that evidence of witnesses aged or infirm, or about to leave the State, may be taken on interrogatories; and, that the courts shall have power to obtain evidence from without the State.21

§ 680. Limitations. - The Legislature has no power to revive any right or remedy which may have become barred by lapse of time or any statute.' In Wisconsin, no appropriation can be made for any claim against the State, except judgments, unless filed within six years after the claim accrued.2 In Tennessee, the time between May 6, 1861, and Jan. 1, 1867, shall not be computed in any case affected by the Statutes of Limitation, nor shall any writ of error be affected by such lapse of time. So, in Florida, as to civil suits, the time between Jan. 10, 1861, and Oct. 25, 1865.* There is no prescription against the State, in civil matters.

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§ 681. Payment into Court may, by the Constitution of Delaware, be made by the defendant at any time pending an action for debt or damages; and the plaintiff not accepting it shall recover no costs, if he recover no greater sum on the final decision.

§ 682. Abatement. The Constitution of Delaware provides that no action of which the cause survives shall abate by the death of a party.7

1 Miss. 97. See also $395.

2 Wis. Amt. 8, 2.

Tenn. Sched. 4.

Fla. 15, 3.

La. 193; Miss. 104.

• Del. 4, 25.

7 Del. 4, 26.