Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-12-11

Yellow Spring Company, in Blount county, which
passed the second reading
Mr. BRATCHER introduced bill for the relief Of
sherifs and revenue collectors who have accounted
for the county and State revenue. Referred
Mr. WRIGHT called up the bill to charter the
Tellico and Valley River Turnpike Company, which
passed the third and last reading.
Mr. WHITTHORNE called up the bill to incorpor-
ate the Ceumbis AthenRuEl, which passed the second
reading.
Mr. DAVIS introduced bill to authorize the sale
of remainder interest, in Dover, in certain cases.
Referred.
Mr. BRATCHCER called up the bill to amend the
charter of the Franklin andCarters Greek Turnpike
Company, which passed the second reading.
Mr. HILL introduced bill to increase the salary
Of the State Treasurer, to S2500 Referred.
Senate adjourned to 81 o'clock tomorrow.
HOUSE OF REPRESENTATIVES,.
WEDNESDAY, Dec 9, 1857.
EVENING SESSION.
Mr. CALDWELL asked and obtained leave to
change his vote on the question of this morning
lay Mr. Randolphs amendment, 20 the Senaies tip
ping bill the table, from the negative TO the af
frmatiye.
CAMPBELL AND SCOTT.
On motion by Mr. KING (the rule being suspended
for the purpose the House took up the Senate bill
(S4) to change the line between the counties of
Campbell and Scott.
Mr. ROBERTS proposed to amend the bill; but
Mr. BLACKBURN had leave to Withdraw the bill
for amendment.
CHATTANOOGA AND CLEVELAND RAILROAD.
On motion by Mr. ROWLES, (tbe rules being sus-
pended,l the House took up the Senate bill 1927
in relation to the Chattanooga, Harrison, George
town and CharlestoWn Railroad, and the same was
passed the second reading.
PHILIP N. KIzER.
On motion by Mr. CARTER, of Carter, 1.-THE rules
being suspended,) the House took up the considera
ton of the bill for the relief Of Philip NJ. Kizer
and the same was passed the second reading.
TIE CODE.
The House then resumed the standing order, to
wit: the consideration Of the Senates bill 1861 to
revise the Statutes, &c., and the third part Of the
same was read through by the Clerk, and passed,
the third and last reading in the House of Repre-
sentatives, by the following vote
Ayes-Messrs. Anderson, Bate, Bayless, Bentley,
Benton, Bicknell, Bradford, Buloch Caldwell, Car
ter, of Carter Carter, of Hardin, Copeland, David
son, DobsOn, Dodson, Dunlap, Ewing, Frazer, Gam
mon, Hamilton, Harvey, Holmes, Ivie, Kendriek,
Keeney, King, Lloyd, Low, Maris, Mickey, New
bern, Rawlston, Renshsw, Richardson, Roberts,
ROwles, Savage, Schmittou, Senter, Smartt Stoval,
Summers, Turner, of Roane, Turner, Of Sumner,
Williams, White, Of Hamilton, White, of Knox,
Vaughn and Mr. Speaker Doneson-49.
NayI-Messrs Algee, Blackburn, Estes Golladay,
johnson, Newman, Randolph, Rose, Taylor and
Wood-11.
FIFTEENTH JUDICIAL DISTRICT.
On motion by Mr. STOVALL. (the rules being sus-
pended for the purpose the House took up the bill
(226 to establish the Fifteenth Judicial District-to
be composed Of the counties Of Dyer Gibson, ObiOn
and Lauderdale
Mr. SAUNDERS proposed to amend, by constitut-
ing the counties of Overton, Fenress Scott, Nor
gan, Cumberland, Bledsoe and Van Buren,, as the
Sixteenth Judicial District.
Mr. BULLOCK was not ready to consider the latter
proposition, and he moved to lay the subject the
table.
Mr. SAUNDERS withdrew his amendment
Mr. ST0VALL set forth, at length, the necessity for
the establishment of the proposed Fifteenth Judicial
District-representing numerous petitioners for the
same.
Mr. BULLOCK 1 know there is not Circuit in
West Tennessee in which the Judge cannot do the
business. There is want Of efficiency and industry
in Circuit Court system in that whole region of
country, and presume it is so elsewhere The
business holds over; when, if there was ordinary
efficiency in our Circuit Court system all the bust
ness would be done, and there would be necessity
for any more Judges. But shall 7ote for this BILL
because the people down there-a portion of them
my cOnstituents-ssy their interests demand it.
But l satisfied there is not a Circuit there, in
which, with proper efficiency on the part of the
Judge, the business could not be very easily done
Sir, | happen to know something of this: and
know that an efficient man in each of these Circuits
could do all the business. But the people have Sc
ected Judges there, who slow men, who let bust
ness drag on, when it might be expedited But sir
am satisfied of the want Of efficiency in the Judges;
and it extends, presume-as far / kuow-alI
over the State Of Tennessee-there is a want of eff
cheney and energy and they are twice as long doing
their business they ought to be- and Idesire that
what say upon this subject may go to their ears as
say it here. Why, sir, one efficient Judge will do
twice the amount of business now done by any Judge
known to me in West Tennessee. But whilst say
this, shall vote for the bill, because The people
down there need it. and must have their business in
the Courts done. l accord it as a measure due to
the people there. l repeat it this necessity for
making Circuits grows out of the want of eff.
cheney in the Circuit Judges. The business, except
in few counties in that region, has not been very
much increased When you 60 to the legal men
there and ask them how they are getting along in
their professional business, they will tell you there
is little or nothing doing-sometimes they will say
they are well nigh starving out. And still there
demands all over the country for new Circuits
happen to know something about Judicial proceed
ings, and know that in some courts, when one
cause has been heard and given to the jury instead
of taking up another, the court is generally without
second jury, and the order is given 20 the sheriff
to get another jury, and the waits, and time is
expended in this way until another jury can be
hunted up and nearly much time is lost by wait
ing on the sheriff hunting up jury as would be
necessary to try small cause. When one jury has
been sent out with their cause another is to be
hunted up, instead of ordering the sheriff TO have
one always ready, and very much time is consumed
upon such orders Of the Judge to hunt up new ju-
ries.
Sir, if our districts are to be increased in this
way to suit the convenience of indolent men on the
bench, the next thing will be- instead of the fifteenth
we shall have demand for the twenty fifth circuit
repeat: l shall cast my vote on this occasion in
favor of this bill, because believe the people
not get their business done without it, desire what
l say to go forth-if perhaps, that, something
else may induce little efficiency on the bench
of our Circuit Courts. am not the only one COM
planning of the inefhcency of the judges, and
have no delicacy in expressing my opinion, when !
these applications are being made to increase the |
number of judges; and, of course, to increase the
expenses Of the State. If there was nothing but |
the interest of the judges in this BILL it should not
have my yOte but the peoples business must not be
delayed.
Mr. DUNLAP, Mr. LAMB, and Mr. HOLMES, spoke |
successfully in favor of the BILL and in reply to the
reflections which ght have been intended to be cast
upon the efficiency, Judicial reputation and general
good character of Judge Reid and Judge Fitz-
gerald out of whose districts 1.-THE ninth and tenth)
it is proposed that this Fifteenth district shall be
formed
Mr. BULLOCK responded. If my colleagues and !
gentlemen understand me as rejecting upon Judge |
they are mistaken. know Judge FltZ- |
geral to be gentlemsn--s man Of great personal |
worth But, know, also, that there is great want
of efficiency amongst the Judges of the Western
District. l take nothing back. desire that it may
be noted, however, that say nothing to the preju-
against the ability and integrity of
Judge Fitzgerald. l meant no such thing. | mean
to say that the whole system is inefficient and re-
peat what l have said That you may 60 amongst
men of the legal profession, and ask them of their
professional prospects, and they will tell you there
is nothing doing; but STILL the cry is that business
has been accommodating uniitis necessary for anoth
er Circuit to be formed: still, say, if the Judges
would work, there would be no necessity for it. l
do not wish to be understood as designing to injure
the prospects Of the BILL for going vote for it.
Mr. BAYLESS. 1t will be sure to pass, then, be-
cause those that against it for it. Laughter
Mr. LACKEY. | can have no idea that the
remarks Of my colleague were intended to apply to
Judge Reid, of the Tenth district. lie is old man.
but he needs no defence here. He has been long
lime on the bench. He sets but two weeks in my
oWn having more time to spare. l know it is
impossible for him to get through with the business
If his Circuit.
The bill was then passed the third reading, by
yeas 81, nays s.; and motion by Mr. Davidson, it
I II G