Gregory v. State ex rel. Gudgel

The ruling question in this case is this: Is the statute providing that county clerks may fix bail in cases of persons accused of crime constitutional ?

Our Constitution, in strong terms, declares that judicial powers shall be vested in courts, and not in ministerial officers. Its framers wore careful to clearly mark out the differ*385ent departments of government, and to firmly prohibit the lodging of judicial powers elsewhere than in judicial tribunals. Our decisions have given full effect to our constitutional provisions, and have uniformly declared that only judicial officers can exercise…