Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-01-07


: the courts, particularly as to jurors, thi
ancient and venerated practice must b.
' preserved, and might be better perfect
ed. For example, the Constitution o
the United States provides that no mar
shall be deprived Of the right of trial by
: jury in any case exceeding twenty dol
! lars; and, also, in criminal cases he i
+ entitled to the benefit of jury: Al
! though the Constitution of the United
! States guarantees this right, see the dis
similarity in our Circuit and Chancery
! Courts-the former never pretends tC
! decide case only by jury; the latter
never has jury. If so, it is
an exception to general rule,
f Why is this the case? Is it because
Chancellors have more knowledge, sense
T and justice than Circuit Judges2 What
/ would propose is, that in every case,
whether 1t be a case of what is called
Law, Criminal or Equity, the parties
may demand and have a jury in any
case. They may waive the right either
in Law, Criminal or Equity. Powers
should be fully conferred upon the Judge
/. to authorize him to fix the cost in each
case as Justice and equity may seem TO
demand. would further suggest that
in any case where the Judge may be in
eligible to try a case in consequence OF
his having been previous counsel, or so
related to either of the parties within
the degree prohibited by law, that the
parties may waive the incomretency
If they choose to do so, and if not,
the Judge may select any other
attorney the parties may agree to, so
as not to delay the trial. This should
be compulsory. And as to grand jurors
to act as inquest for the county, would
suggest that the Judge be directed to
furnish printed statement of all cases
which shonld properly come before
grand jurors, and as Bedford county has
about twenty districts and two Justices
Of the Peace Ia each district, they
should alternate as jurors in each month,
SO, even before they come together, each
viii know what their duty is, so that
usually in one day they can get through
with their duty, and in all cases parties
who litigate should pay all costs, as is
now the case before Justices of the
Peace. In other words, those who dance
should pay the fiddler Correspondent
| Of the Shel6yUilIe Commercial.
PUBLIC EDUCATION.
The State Teachers Association will
hold meeting in Nashville in a few
days, and we trust it may be largely at
tended. There has never been time
when the teachers and friends of educa-
ton in Tennessee have had so much to
encourage them. Public opinion has
reached that point which forces decisive
action on the subject of education. We
have hopes that the Legislature assem-
bling on Monday will take liberal and
advanced views on the question, and
that the members will listen gladly to
suggestions from those who have given
many years to studying the question of
| free school education in all its bearings.
Every friend of education in the State,
whose observation snd experience has
led him to put the question in practi-
cal shape, should bring his or her ipfiu-
ence to bear on the Legislature Just as
sembling. The free school question has
reached crisis, and while every indica-
ton points to an early and favorable so
luton, the friends of the cause should
bestir themselves, and leave nothing
undone that will contribute to success
RnoIUilLe Chronicle.
WHAT THE MEMBERS HAVE TO SAY.
A good sprinkling of the members of
| the Legislature have already reached the
| city, and the indications are that a
quorum for both Houses will be
present by Monday. The members
were strolling around the city YESTERDAY
and visiting the building that is to be
the scene of their labors and debates for
the next seventy-five days. They are
generally rather substantial looking
men. and talk sensibly, generally, about
the different questions to be settled dur
ing the session. Upon the question of
| the States credit, the sentiment is uni
versal so far as our inquiry has enabled
US to ascertain, that the liabilities of the
State must be met, and that the financial
credit of Tennessee must be
sustained. Different mem mbers have
different methods which they think will
best subserve the purpose of redeeming
the States credit, but all are disposed to
make the adoption of their peculiar plan
subservient TO the leading purpose to be
| accomplished. 1t seems to be the gen
eral feeling that our present assessment
| system may be, and should be material
| ly amended and carefully and thorough
| ly reshaped and regulated. They say
| that it is as important that the property
should be properly assessed as that the
/ tax should be closely collected, and we
| have no doubt but very excellent law
will be shaped to this view. They rep
resent their various constituencies as be-
ing clearly disposed to encourage i'm
migration, and the development of
the resources of the State, aud expressed
themselves candidly as being of the
opinion that an unprovided-for State
debt is but poor advertisement of her
wealth and integrity. Upon the subject
| of schools much interest is manifested,
and, so far as We can judge at present,
the members are inclined toward State
school system, with subdivided county
systems, to be subordinated to the grand
or State system. 1t seems to be the
general purpose that our State shall no
longer suffer through the imperfect edu-
catiOnal privileges at present offered TO
the immigrating settler. We hear of no
strict party measures, and from our con-
versations with the various members,
rather look to see party lines obscured
by the generous and impersonal DISPOSE
ton to serve the State and not factions,
to serve the people and not cabals. This
sentiment was expressed by those of each
and every complexion of political creed
Nashville Banner.
THE JOHNSON MEN.
Instead of the accommodation and
matchmaking of "JOhnson men" that
was expected to take place about this
time, it is surprising to witness the
marked consideration with which they
are received in political circles. The
truth is the elements are IN state of in
teresting and provoking uncertainty.
Not enough of the members have ar
rived to enable one to cast up the lists
and ascertain the length of the several
sides Of the triangle. 1t seems to be
conceded, however, that the "Johnson
men" will hold the balance of power
between the Cheatham men and Re
publicans, and this fact makes them ia
power in the State.n What shape thknes
will take it is simply impossible for any
one just now to determine, and it wo
be simply idle to venture predict
on the subjeet.-NdshUille Letter TO
hnOrUile Press and Herald
A RADICAL ON CHEEK.
The following from the Memphis AP-
PEAL, is refreshing:
We are glad TO see our contemporaries
throughout the state following the lead Of the
APPEAL in the work of demanding that the
first duty of the Legislature, which meets on
Monday, should be to make provision for the
payment of the interest on the State debt.
But isn't following the lead" good?
The APPEAL exeels in the exhibition Of
KTa01uitle Chronicle.
THE ToRBETT ISSUE.
The Knoxville Chronicle says there is TO be