In Re Borchert

(concurring) — -The record discloses that the framers of our state constitution were well aware that they were authorizing the legislature to provide compensation for certain justices of the peace by a schedule of fees should it be deemed advisable.

The convention of 1889 did not invent the fee system for the compensation of justices of the peace. Lack of roads, slowness and difficulty of transportation and communication, a small and scattered population, and economic conditions contributed to the necessity of permitting the legislature to establish an inferior court system that would serve,…