104 Opinion of Wm. D. Fbnton the mind of the framers of the constitution, is evidenced by the journal of the constitutional convention. Judge Prim, on August 27, 1857, offered the following resolution: "Resolved, That a Supreme Court, consisting of one judge, to be elected by the people at large, be incorporated into the judicial system. Provided, the number of judges may be increased when the population shall exceed one hundred thou j sand inhabitants." This received the affirmative vote of nineteen members of the convention, but was defeated by a negative vote of thirty- eight. Kelly, Prim and Logan, of the committee on judicial department, voted for the resolution, while Boise, Grover, Olney and Williams voted against it. The president of the convention, Matthew P. Deady, also voted against the resolu- tion. It will be noticed that the Prim resolution suggests no limit upon the number of justices when the population exceeded one hundred thousand. That the article on judicial depart- ment was very carefully considered by the committee having the matter primarily in charge, is evident from the meagre record found in the journal of the convention, and that the convention as a body scanned each section of article VII., as it came from the committee and as amended and attempted to be amended, in the committee of the whole, while the report of the committee on judicial department was under considera- tion, is clearly shown. On August 31, 1857, fourteen days after the convention was organized, the journal quaintly records that "The chairman (of the committee of the whole), Mr. Boise, reported that the committee of the whole having had under consideration the article on judicial department, report the same back with sundry amendments, and recom- mend its reference back to the committee on judicial depart- ment." On September 4, 1857, the journal reads : "The com- mittee on judicial department reported the article on the same as directed by the convention. The article on judicial depart- ment was read a second time. On motion of Mr. Kelly, the article on judicial department was ordered to be printed. Mr.
