Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-11-09
-ElFeRFHE LEGISLATURE
ssThe Eaa's Dslsy',-s ReSrsnshme,
90 u.s.S..Sl.S - iii-s-


To the Editors OF the Union and American: 4
PULASKI, TENN, Nov. Z, 1S71.--As the |
general inquiry among both Legislators and
people Is, '1How can we reduce the taxes
and inangurate q Healthy financial era?''-I
presume TO suggest to the Legislature few
suitable measures which, in my opinion,
would greatly tend to these results:
Pass an act requiring each and every par
ty Except paupers) bringing or defending
suit in any court, l. To pay bis own costs
as thew accrue. q. To nav alI costs accrued
prior to a Continuance BY i1irHy and dismiss
his suit on his third continuance. 8. To
make oath that be is entitled to the relief
sought by his appeal before it is granted
him. 4. Require defendants to swear to
their pleas. ..g--
admit that the connections Of these pro-
visions with a reduction OF taxes and a
sounder financial condition is apparently
remote. But moments reflection will
show that they are not so remote as they
seem.
| As to their effect upon the taxes:
A large part Of the current expenses Of
the State Governments is for the salaries Of
Judges and Chancellors and fees of Attor-
news General and iailers, the two latter
/
If every sutton had to pay his costs as he
goes, thousands of s-chaffy'' suits that now
crowd the docIzets would never be brought.
If this were the law the State would always
get her tax, the officers of the courts would
| get their fees and litigation would be put
upon a business footing. Every suit would
then mean something. This would work
no Injustice; for the successful party would
! always recover of the other all his costs at
the close of the suit.
If every party continuing . law suit had
to pay all costs accrued prior 10 such con-
tinuance, the parties would always be ready
and the great accumulation Of sold cases"
Tin which nothing remains but the costs)
would be unheard of. Suitors would set
out in earnest Immediately on commencing
suit to prepare for trial.
Require every party appealing to swear
that he is entitled to the relief sought by
his appeal and that il is not for delay, and
you at once rid the Appellate Courts of a
host of 'delay" cases and give them time
to try the truly litigated ones and the crimi-
nal docket.
Again, if every plea had to be filed on
oath a vast number of suits would thus be
avoided. For the debtor would either pay
before suit is brought or he would let judg-
ment 90 by default, because having no de-
fence he could not swear to any plea that
would delay the cause, and thus judgment
would be rendered against him on his own
plea.
By these means the number of cases in
the courts would be reduced to one half or
one fourth of their present number. This
would reduce the number of Judges and
Chancellors. 1t would enable the courts to
speedily try the criminals confined in the
jails at an enormous expense to the coun
ties and the State. 1t would also prevent
the necessity of keeping so large a number
Of special jurors in attendance on the
courts which now costs the counties so
much, and is so disagreeable to the jurors
themselves, by afording a speedy trial Of
the accused. -".
As to the financial effects of such law:
1t is a sound maxim that 'eUeTy country
is financially prosperous and healthy pre-
cisely IN proportion to the compliance lcith,
and enforcement OF, the contracts Of its cit
izets." As the law and practice now are,
how long does it require to collect debt
even on promissory note? Suit may be
brought on such note to-day. 1t will prob
ably not be reached on the docket for a
year or two. When it is tried the defend
ant appeals to the Supreme Court. 1t will
probably lie there year or two, and by this
time the defendant viii have disposed of his
property, and the plaintiff finds that he has
incurred heavy bill of cost, lost his time
and his debt, and resolves not to 'deal OF
time" any more. The defendant puts il
the remainder of his time, not trying to pay
the debt, but trying to avoid it.
The present practice in many cases
amounts to an absolute denial of justice
and begets in the people a contempt for the
courts and the laws. 1t cultivates in them
a disregard for their contracts, because there
can be no prompt, speedy enforcement Of
them. 1t induces them to go deeper and
deeper in debt in the vain hope of getting
out, when in fact they finally end in bank
ruptcy and ruin. 'a--
l efficiently suggest that if these or like
laws were enacted so that speedy justice
might be done and every man get his due
promptly, the people would be more indus
trious and enterprising. Industry would
be rewarded, commerce would increase
among our people, and financial confidence
be established. Pulaski.