The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1873-01-10

From the Memphis APPsAi.

Grave responsibilities rest upon the
present Legislature VIII its members
have the intelligence, craftsmanship and
moral heroism to meet them Ike men,
and fulfill the just expectations of their
constituencies We are no nero limo
vators, bat do feel that the time has
come, is even ripe, when public opinion +
and public justice require radical
changes and practical reforms in the
practice of courts and the administration
IF law Legislation must keep pace with
the progress of the times ard conform to
the ever>varying wants of the governed.
Laws passed fifty and one hundred wears
ago, beneficial then, may fall short of the
necessities of these times. While we
may and do respect the legislation of the
past, calculated then to enforce public
and private rights, to redress public and
! private wrongs, yet we do not so bhndly |
! venerate the past that when experiences |
| has demonstrated the failure of laws to /
meet the requirements of the times we /
may not lift our voices ON high for law |
reforms. 1t is be ter to indu-e a bad |
! law for season rather than make a |
! change as q mere experiment We !
! should feel morally satisfied that a |
| change would be a reform before we in> |
woke legislative action The practical
| question suggests itself, can we have
such laws passed as will not only greatly
relieve our tax burdened people, but at
the-same time facilitate and render more
certain the administration of justice
| 'Can we? asks every taxpayer and good
citizen in the land We will see.
In March, 1872, in the city of Nash>
vile, there was7a convention of the Cir
cut AID Criminal judges of the tate.
They met with the view of recommend
ing the passage and amendment of GER
tain laws IT, the Legislature then in xtra
session, the enactment of which their ex-
perience taught that public and private
interests demanded. These recommen>
datlons were utterly ignored by a great
majority of that body, and for what rea-
sons we are ut 4 loss to know. Some
may have declined to act from the idea of
a want of power at that session some
from want of inclination, and others.
! more ambitious, filed with official aspi
Tations, from fear that their adoption
might not be popular with the voters at
home" Be this as it NAV, the SUCCESS
tions made by the judiciary, which we
have had occasion to examine carefully.
are none the less fraught with wisdom
now than when they were first recom>
mended. The first suggestion is that
Jures be dispensed with in all civil cases.
EunIess the party demanding it secure Il
certain jury fee designed as a tax uDon
the enjoyment of the expensive right.
While the party has a constitutional
right to have his cause tried by a jury,
yet we think that unless this tax is so
Onerous as to amount to q Prohibition, it
will not be illegal to impose it, and then
Its imposition becomes a question of
sound policy. If this rule were adOpted
Y then Circuit Judges, like Chancellors,
would pass upon the facts. From time
immemorial, ChancellOrs have determin-
ed the facts, and of their judgments we
have heard no complaints Are not Cir
cult Judges equally as honest, laborious
/ and capable? In that event, too, there
would be no mistrials, and no new trials
for the manifold causes that now affect
the verdicts cf juries, involving addi-
tiOnaI expenses and endless DELAYS
: Causes would be tried much sooner, and
, We believe, justice reached with far more
l | certainty. Uncertainty of the Justice of
, verdIcts has become so proverbial as to be
b. a reproach upon the administration of
2 law Let the right of appeal be reserved
= in all cases, so that if party is dissat~
/ isGed with the decision Of the court, he
- may exercise that right and have ali err
e rOTs corrected The trial of causes, II
2 juries were dispensed with as a general
h rule, would be more expeditions, equally
- If not more satisfactory and at a very
greatly reduced expense to the county
is We have been In communication with the
r best informed citizens of the State, anC
: do not hesitate to say TINT such Law
?. would meet with hearty popular aPpro-
r val. But, whether popular or net, tn
l. II.
n change subserve the ends Of Justice, ant
d at the same time lift from our overbur
}, deued shoulders the weight of heav-
n taxation? If it will, let our representa-
ID tives have the craftsmanship to see it, tn,
courage to urge it, the zeal to pass it ant
ID the manhood to defend it Then thei
l. constituents will approve their action ant
as applaud their legislative wisdom
n The next suggestion of the yes was
d that the costs of witnesses examined or
IS ally shall be taxed to the party ealin
n, them, but the proof in any case may b.
rs taken, as in chancerY cases, and tn
Of costs taxed to the unsuccessful party
n The object had in view was to make tn
of trial upon deposition the general rule
v, and upon oral testimony the exec ption
IN This is further assimilating the practice
@. in the Circuit to that in the CHANGER,
Of Court. We cannot seo why it would no
d. do equally as we'll in one court and be
I'd fore one Judge as in another court AM
d. before a different Judge But if there b
al any special reasons so imperative in thei
"a nature in the estimation of the party, h
1t may still hayD mis- witnesses present, bu
De let him pay their court expenses. Adub
" the rule and there will be no delay be
ne cause of absent witnesses, but the proc
Dt will be- in the Dapers and then sicknPs,
ne and swollen streams, and tedious exami
he nations Will not postpone the trial bu
Nv the Judge will at once submit the prou
to the iary, or if this is dispensed with
if after argument unbIurred by buuc0Db
e. very likely take the papers home an
a bring in a decision next morning, which
10 will stand unaffected by any of the M
d. merous causes which vitiate the verdict
is of iuries Witnesses then will not b
TX compelled to come, under heavy penal
mt ties, through all kinds of weather, in a
ed seasons of the year, many miles fro1
r / their business and families, and IiueeI
IN 1t may be fer days, IN the portals of tn
tb courts until 'he cause is reached, invJly
% ing probably but a few dnllars, and whe
T. / it is at last called, must be continued /
cOnseq aUnce of the absence Of witness
re And at the next term the same vexatiou
ed proceedings may b. gene through witt
" and 50 on from term to term. until th
ly original subject matter of litigation
nd lost sly BIT of in the far greater uuestio
of costs, swollen TO enormous proportions
Ii death relieve the first unhappy Iitip
ants, the legal repi esentatiyes carry o
the contest to its termination, beset wit
o7e the same patience -exhausting delays an
"a. costly and Tuinous incidents aud acc