The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1855-12-07
TIE JUDICIAL REFORM BILL.

HE JUDICIAL REt OkM BILL.
We are indebted to Mr. Carlock, the ELI
Client representative from McAIinn county, for
a copy OF "A bill! to rt-organize the Judicial
System of Tennessee, and to Reform the
Code Of Practice" which the reader will find
on the next page. 1t will be seen that the
bill proposes an entire reorganization and
change of the Judiciary System of the State,
both rs regards the construction of the
courts and the practice and forms at law
While we admit there are some good features
in it, we have no hesitation in saying at
once that it ought not to be passed into
law, and we trust will not be. A very brief
period has elapsed since the Constitution was
amended divesting the election Of judicial Of
icers out of the Legislature and consigning
that franchise directly to The hands of the
people; and although wevoted for the change
in the mode of clectng, we are not prepared
at this time to say that any marked improve
ment or good has sprung from the abolish
ment of the old and the adoption of the new
plan; nor from the tendencies exhibited in
the canvasses that have occurred under the
amendment, is it more than probable any ul-
timatey will. The country has seen within
the last few weeks, party papers with the
name of one of the candidates for Supreme
Judge at their mast-heads, and studiously
suppressng the fact that there was another
candidate in the field while people were So
Iicited TO vote for each respectively simply
because one happened TO be Il member of the
Democratic party and the other an American;
and this when nineteen-twentieths of the
people were profoundly ignorant of the Pc
cuIiar qualifications of either for the RESPONSE
bic position: thus striving to make the cleo
ton of one Of the highest judicial function
aries of the State turn upon the dirty hinge
of party politics. Such things ought not to
be; and although we are not appraised that
as yet the popular vote has cast the judicial
crmino upon an incompetent person, if
party sympathy, party service and party asso.
citation are to be the controlling qualifications
in such contests, the wrong men will in time
reach the Bench, and our Judiciary, the sheet
anchor and safety of society, be in danger
of corruption TO greater or less extent. 1t
may not be considered altogether Legitimate
to indulge in such remarks upon the subject
at this early stage of the experiment. but
would it not be prudent and wise to wait
awhile and see how it is going to work be-
fore we venture on any more changes in our
Judiciary neutrality-suspicious. such radical
changes as the bill before us proposes?
1t always has happened, and we presume
always will happen until Legislators are elect.
ed on account of qualifications instead of
some other pecuiaritics, which ought rather
to dsqualfy them, that liberal number of
gassy gentlemen find their way into legisla-
tive bodies, who, if they did not meet
with an opportunity to chtrvesce, would, in
all probability, prematurey die of cole, or
wind on the stomach, and their invaluable
services thus be lost to an afflicted country
To these Reform is the great safety.valve
which saves them from collapse, and they
seize with avidity upon every thing that
squints at innovation of established usages
and practice, no matter how well such may
have rcsuted-especially if the new propo-
sition affords an opportunity TO tickle the
popular ear with the stcreotyped phrases
about the "yirtue, intelligence. and capacity of
the patriotic masses" We IRE not aware that
cur present Legislature contains more than
the average number OF this cIass-at least we
hope not; and we hope, too, when they have
all made two "specches" apiece on the "6iII
to rc-organize the Judicial System of Ten
nessce, and to Reform the Code of Practice"
the sober second thought will be permitted
to come to the rescue, and the measure be
consigned to the table to sleep the sleep that
knows no waking.