Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-03-12
poSTP0NEMENT OF THE BROWNS
VILE TERM on THE
CnURF

posTPoyEMENT OF BROWNS
TERM OF THE
COUBT.
Editors Memphis Appeal:
see a statement in your paper Of this morn
ing. which is probably founded on a mistake
OF your informant as TO the ac-
ton OF the Supreme Court, regarding the court
of Brownsville.
The statement implies that the Court has APP
pointed a special term al Knoxville which Is
to interfere with and postpone the regular term
at Brownsville.
As this act OF postponement would pet Nlo-
Iation Of the positive requirements OF a statute
Of the State, the natural inference Is, 'hat Ii
must be founaed on mistake.
a Every Judge and Chancellor Is required 10
hold the terms OF his Court at the regular tlmes
appointed by law, unless prevented by sickness
Of himself or family, or by some other unaVOlo-
able necessity."-CoDE, 1897.
This clause occurs in a chapter which EN-
hraces many provisions expressly applicable to
the Judges of the Supreme Court, which con-
tains he only regulators on many points re-
specting them; snd rs 1t, by express terms, ap-
lies to all Judges. a Supreme Judge as well AS
others, it was evidently nde to make the
duty obligatory on them.
at is the duty of the Judges OF the supreme
Court to hold ITS TERNs at the different places
DESIGNATED by law, until all he causes are de-
le7-miaed, or otheyl0ise disposed Of, or Unul Il De-
comes necessary 10 adjourn 10 hold court al an
other pOinL"-CoDE, s45lO.
aBut the court may sit upon its own ADJOURN
ments. aud hold its term at any time for the
purpose ofheariDg and deciding the nnhnlsned
businesa"-CcDE, z45ll.
These sections, by regarding the coming OF
another term as an imperative necessity 70
which even the completion Of the business OF
regular term must yield, settles the character
and grade Of toe duty 70 hold the regular
- - - .4haua gaaFfnnE univ
enables the Court to appropriate time not nee
essarily consumed In the regular terms TO nm
ishins the unfinished IL Yours,
LAWYER
MEMPHIS. WEDNESDAY, March 9, 1869.
Our correspondence objections are In
order and worthy the consideration OF
the members OF the Supreme Court. IL is
with Courts as with al the other affairs
OF life regularity and system is Of the
highest consequence. The business Of
the Courts and lawyers OF Memphis has
been settled and arranged in view OF 8
regular session OF the Supreme Court.
Courts have commenced winding up
their business, aud lawyers dropping
causes which cannot be reached, have
turned their attention to preparation for
the higher Court. They have an i'm
mense business, suspended nov for three
years, ia that high tribunal, geveral Of
the heavy causes argued there three
years ago being still undetermined. The
Court has failed to meet at the day
has failed to hold either until the
causes were disposed OF, or until it be-
came necessary to adjourn" The lawyers
Of Memphis yielding to kind sympathy
with the Judges, have consented to these
things, but the clients, whose rights they
thus postponed, nave not been consulted,
and we're only told that tkeir causes were
not reached. After many Instances OF
patient endurance on the psTt Of the
members OF the Memphis bar, 1t would
seem to be taskiDg them too much
to ask theiT consent to a farther post
ponement, when the whole time inter
veping before the regular term at Knox
Vile will be insufficient to clear the
Memphis docket alone, sud the remain
ing business OF TIE Western Division
will be necessarily left over until another
year.
It is true the business is behind at
Knoxville but the fault is n OF the
many sins Of the late Executive, and does
not lie with the Court. Ii q proper APP
pointment of q latCyer had been made
last fall, instead Of s politician who was
unwilling TO give up his appointment
until be saw whether ne would be Sc
lected to Congress, the Court weuld have
gone CD, and the failure should be placed
on the should ors Of the right maa. Let
the evil fall at its source but we have
suffered SO much that not. e day ought
to be taken from that part o: our term in
which men can work. When the sum-
mer is far spent, and the Court and bar
are worn ouE, let the Judges anticipate
the regular term at Knoxville by a few
weeks, snd gather health and make up
lost time ia tAe invigorating atmosphere
Of that city.
The Judges Of the Supreme Court of
tAAo DsoSCf bClOEb tuS WAL HEiG % "a
SIMPLE to be followed in'this respect. On
the first day CT every terra the business
opened end proceeded, and woe to the
lawyer who was not ready with his eau
sss. The stringency OF thsir rule was
sometimes subject OF complaint, but they
literally fulfilled tha obligation OF the
law, and now that the little occasional
asperities Of business has worn away,
the promptness and dispatch of that day
LOOK like 8 golden age OF the law. With
many high qualities which the bar ap-
preciste, the present Court viii surely
not be wanting IN adherence TO the i'm
pera;ive obligation of the statute, and
will not fail TO add to their other virtues
p~unctuality.
FROM WASHINGTON