72 Iowa 265 | Iowa | 1887
A mere reading of most of these grounds of demurrer, in connection with the averments of the indictment, shows that the grounds of demurrer are not well taken in point of fact. It was not necessary, under the statute, that the indictment should show that goods, wares and merchandise were kept for use, sale or deposit in the building. It is claimed that the indictment is bad, because the ownership is laid in a corporation and a corporation cannot inhabit a dwelling-house. It is not necessary that the indictment should set out the names of the dwellers in the house. At common law, the ownership of the
Section 10 of article 5 is as follows: “ The state shall be divided into eleven judicial districts; and after the year eighteen hundred and sixty the general assembly may reorganize the judicial districts, and increase or diminish the number of districts, or the number of judges of the said court, and may increase the number of judges of the supreme court; but such increase or diminution shall not be more than one district or judge of either court at any one session; and no reorganization of the districts, or diminution of the judges, shall have the effect of removing a judge from office. Such reorganization of the districts, or any change in the boundaries thereof, or any increase or diminution of the number of judges, shall take place every four years thereafter, if necessary, and at no other time.”
It is obvious from this section that the framers of the constitution anticipated that the judicial force provided for by section 5, art. 5, would, by reason of the growth of the state and increase of its population, prove insufficient to transact the business required to be done, and provision is made for increasing the number of districts, 'and increasing the number of judges. By reason of the limit placed upon this increase, and the rapid growth of the states, the legislature in 1868 adopted the expedient of organizing a circuit court. In 1884 the constitution was amended as follows: “At any regular session of the general assembly the state may be divided into the necessary judicial districts for district court purposes, or the said districts may be reorganized, and the number of districts, and the judges of said court, increased
Now, it is apparent that under section 5 of article 5 of the constitution but one judge was allowed for each district. But this provision was only operative until the year 1860. Under section 10 of the same article, the number of districts and the number of judges could be increased or diminished within the limitations therein prescribed. The amendment of 1884 removed these limitations, and the legislature was given plenary power to reorganize the districts, and increase or diminish the number of the districts, and the judges of said court; so that, instead of there being but one judge of the district court elected by the qualified voters of the dis- • trict in which he resides, the legislature has the power to provide for the election of more than one of such judges in a district. This appears to us to be so plain as to require neither elaboration nor discussion.
We conclude that the judges above named were constitu-, tionally and lawfully elected; and the legislature has the constitutional power to provide that a single county shall constitute a judicial district. This has been done in one instance, by making Polk county one district, and providing for three judges therein. In that district all three of the judges preside at the same time and in the same county; and there is nothing in the law reorganizing the districts which prohibits the same thing from being done in the other districts in the state. The law requires that the judges “ shall hold their courts at such times and in such order as shall best dispose of the business thereof, and as they may arrange among themselves; * * *” and, “in case the judges of any district are unable to agree as to the manner of holding their courts, or as to the counties in which
Much was urged in argument as to the inconvenience resulting from allowing more than one trial to be in progress in the same county at the same time. This we cannot consider. Questions of convenience have no place in determining the constitutional power and authority óf a court.
Complaint is also made that one judge presided when the ruling was made upon the demurrer, and another when the same question was l’aised in the motion in arrest of judgment. But this objection does not go to the jurisdiction, and the same thing will necessarily occur in the trial of cases where the judges alternate in holding court in the several counties of the district.
The judgment convicting the defendant Emmons of the crime of burglary will be affirmed. His proceeding in
Affirmed.