Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-11-20

Bile, not on account OF the principle but from
i the amount OF tax assessed. II IS well known
that under the enlarged jurisdiction Of iusti ces
1 OF the peace, there Is a vast amount OF litiga-
| ton in their courts, and. while wou be
| willing to discourage usel ess law suits sfill,
where the law provides the remedy for the en-
/ norcement OF right. and then taxes almost TO
| prohibition the use Of the / strumentalities
Afforded by that law, Justice becomes a mere
mockery and a farce,
i AN ENORMOUS DRAIN UPON THE INDUSTRIAL
CLASSES.
One halfof the claims on which suits are
brought before justices Of the neace, are, no
i doubt, under the sum OF SIS, and are usually
brought for the benefit Of the poorer class
often, also, against the same class. Expenses
incident % prosecution OF suits coupled with
! the delay are sufficient. in my opinion, as q
safeguard against frivolous litigation, and the
amount OF revenue TO be derived from this
source, according 20 the estimate OF the bill,
viii be enormous, and a direct drain upon the
industrial classes Of the country. While am
willing 70 vote for measure which provides
that lftgants before justices OF the peace
shC,,15 sa- a ir,gf end saegoDal,la ,,ro,,ryfiIHv,
OF the public burthens, ON the same principle
that suits are taxed in other courts, still am
unwilling 10 tax men out of court, when, in
many cases, the sum involved will exceed but
little the amount Of the tax
4 LIGHTER TAX WILL YIELD as MUCH REv-
ENUE.
feel assured that less tax Will yield equal
ly as much revenue, because Il goes farther
nom operating as a prOhi bttiOn, and diEcrim-
mates in favor Of the smaller class OF suits
those under $50 paying no tax, and those over,
a tax Of one dollar. Now, Il is well known
that no man can go into Justices court, In
one case out Of ten, with any assurance of hav-
ing his suit determined according to law, not
from want of hunesty in these officials, or
from a desire 70 do their duty, but nom a
want Of Professional training, and ofa proper
knowledge as 70 what the law is; therefore, 1
deem II very unjust 70 force parties into a mag
isfrafRis cOurf from the very want of iurisdic-
tion as TO amount in controversy in the su-
before this doubtful tribunal with so much
costs, and at last force him to an appeal and
the payment Of an additional State tax in the
circuit court, that justice may be obtained.
VIOLATING THE DECLARATION OF RIGHTS
Saws the sixteenth section of the declaration
OF rights in our constitution: 'All courts shall
be open and right and Justice
adm Mustered without sale, denial or delay "
II this section IS not well nigh violated by the
section proposed IN this bill, then I am much
mistaken; and at the same time the wrong
becomes much greater when II Is remembers
thai the constitution OF the United States,
IN article OF the amendments thereto, pro-
vides that in ali suits at common law, where
the value In controversy shall exceed twenty
dollars, the right Of trial by jury shall be pre-
served Now, 20 IN the Jurisdiction of small
amounts in iustises' courts, where no Jury
trial can be had, md then force a submission
70 the Judgment Of the Justice, OF compel the
losing party 70 abandon his constitutional
right 70 a jury trial, or purchase the same at q
ruinOus cost in the way OF state tax, II seems
to me Is an utter subveTsion OF the guarantees
secured 70 eve,y citizen OF the United States
for the protection Of person and property.
ovEKrAxISG GASES SUBMITTED.
In regard to that part Of section four which
imposes q tax on all submissions before JUS
tees of the peace, under the small Otfense law,
I have this to say ! favor the principle, but
think the tax too great. Il is not eYeTV time
that parties are arraigncd before justices that
they are really criminals. In a great many
cases they are the very best citizens and are
unfortunate enough 70 be involved n trOu-
bles, for which they have 70 answer without
their fault, be ng the subjects OF malicious at
tacks and being forced into violations of the
law bv bad and designing men. they are per-
suaded TO submit TO the mercy OF the IN tice In
order 70 avoid the expense and delay inoiden
70 q trial before the circuit or criminal courts
OF their eOuIty believe this class OF citizens
should help noerslly to dsfiay the expenses OF
the stale COVE nment, but think at the
same time thet they should not be made |
The subjectsN0f an onsrous tax because
they have boeD unfortunate, ana are hon- |
est enough 20 come forward and 30
lnowleiee their wrong, and by submission, |
In many instances, save the country from the |
expense Of confinement and the tIial Of !
their cause before jury. l am Of the opinion !
that two dollars Is as much as should be re- |
quired OF them. / believe the operation and |
effect Of a larger tax viii incur more expense |
to the country than the fine viii be worth. in |
the long run by forcing many good but unfor- |
tunate citizens into the circuit OF criminal |
courts Of the several counties to vindicete |
themselves before jury OF their peers There |
favor S2in lieu thereof
WHAT Is REALLY THE MAIN ISSUE.
These views 1 submit for what they are i
worth, and they are founded on such facts and /
figures as, In my opinion, cannot be success
fdlly cOntrOverted There s an interest 70 be |
projected VIII ich, with me, is superior to The i
claims Of bOndhOlders, and ali this clamOr /
about preserving the good faith aud credit Of /
the state Is, in eject II not in intention, cal
culated TO divert public attentio and the Il
minds Of the members Of this assembly from 4
the main issue 1 lare no more forths recon-.
u1an0nfIQlE OF one man than another when
an Investigation Of facts leads me TO believe
be is wrong; and how IL can be assumed, with
stubborn facts staring US in the face, that i've |
mills on the dol ar Is necessary as a tax 70 de-
Hray current expenses and retire our floating
iebt, am al loss 70 know.
swBEPrSG DECLARATIONS INEFFECTIVE.
I should be much better pleased TO see figures
and estimates from the high-taL members Of
his assembly, sustaining their views, than ~ !
hear these sweeping declarations that thre6l
mills is insufficient. Figures, IL is said, never +
lie, but often men are led astray by false as
sumption Of facts Now ffty cents l. high !
ak, and the distinction Is well drawn when
hose favoring that sum are designated high
.sx men
CALLING THINGS BY THKIR RIGHT NAMES
There Is no use Of miucing terms. Things /
had as well be called by their right names. II
we who favor three mills should fail here, and
ive Is fixed as the rate, twelve months hence |
VII dnd the people OF this State drawing me
In a manner fearful 20 some gen
.leme1 on this floor, when they are called
pay the cisims OF the bloated artstocrst who
holds our securities. / can see nothing In this
effort to establish i've mills as the rate but an
method resorted TO as a means Of
raising money 70 begin the payment OF inter-
at on our debt as early as July !, 1873. This /,
for one, am not willing TO do; our people do
not expect il; their circumstances will not ad-
nit It.
A BREATmSG-sPELL WANTED.
The surest way for the bOndholder to collect
his interest is O. give this people a breathing
spell. The surest % defer a collection Is 70
press aud exasperste an Impoverished people 1
Yergtng on bankruptcy. l would say to them,
and 70 the friends Of this bill, that they must Il
wait yet little while. Our people are poor
bot honest and viii, some day. pay the securi-
ties they hold, bought Tor ha price, and every /
cent Of interest. When our country is de- /
velopeds our resources now hidden made avail |
able, our private fortunes, wrecked by the i
war, restored, our borders filed with thrifty |
smigrants who can help develop our wealth, /
our railroads, as the governor says, become /
taxpayers, then We can and win attend TO |
-heir wants.
THE BEsT We CAN Do Just VOW.
All We are now able 70 do is 70 pay our float
ng debt and defray current expenses thir- I
y cents viii do this beyond all question F; |
and thirty cents may, with our increasing |
wealth, be sufficient 10 retire our debt some |
lay not far distant In the future.