Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-12-16
CHIEF JUSTICE NICHOLSON.
he ExPIaIRs In q Card his Motives fn
Accepting pay as Arbitrator.

NASHVILLE, Tenn, Dec. 9, ISL.
To the Editor of the Banner:
| noticed in your lzsue OF this date q
communication over the signature oI
"Justicep In reply to an article in the
| Sparta Kadeg of 3 late date, In which
seem 20 be arranged for receiving COM
pensation for about two months services
| in the spring of 1873 as one Of the arbi-
traitors appointed by the legislature to
| investigate and report upon causes pend
| ing in the supreme court. have neveI
seen the article III the Sparta Iader, but
az the matter commented on Is thus
| brought to public attention, and as the
reply OF "Justice," (for which / am
| thankfully though correct as far as il
goes, does not give all the facts, will
be pardoned for giving them at more
length. The accident by which [ be-
came disabled by the breaking Of one OF
my legs, occurred on the third Of jan
usry, 1873, while the legislature and
supreme court were both In session. AT
| the end Of nearly two months il became
known TO members Of the legislature,
| through my surs con, DR.. Eve, that il
would be impossible for me to go TO
Jackson and resume my duties as Judge
at the April term, iST'. / had so far rs-
covered, however, as to sit in my room
and examine records, 2s | wSs dong, in
aid of the court. Some Of the members
Of the legislature applied to me TO know
III was willing to remain in Nashville
after the adjournment Of the court, and
act in concert with two other lawyers,
to be appointed by the governor, as q
board of srbitratOIs, in preparing causes
on the supreme court docket for the sd-
judicstion OF the court. In view OF the
condition Of the docket, and OF the
anxiety Of suitorE and counsel to have
their causes disposed of, and because the
additional compensation would aid me
in meeting the heavy expenses incident
to my misfortune, / consented to act, II
the necessary act Of the legislature
should be passed. AT that time II Was
unknown to me that my brother law
years, with characteristic generosity,
had determined to relieve me Of so much
Of the expenses as accrued to my sur
geOns. For this act OF liberality and
kindness shall never cease TO be CRATE
ful. The legislature proceeded to adopt
d joint resolution, as fOllows:
"WHEREAs, Hon. A o. Z. NiChol-
son, chief justice Of the State, has, by an
unfortunate accident, become disabled
from sitting for time with the supreme
court, and will not be able TO preside at
the next term Of said court at jackson ;
and, whereas, at the adjournment OF
the present term OF said court at Nash
vile, there viii remain q large amount
of business On the Law aud equity
dockets, which the interest Of the state
and OF itiganIs demand should be dis
posed Of; and whereas, it is believed that
Chief Justice Nicholson viii be sble to
remain IN Nashville, and in connection
with two other competent lawyers, try
such cases as remain on the dOcsets, as
the parties or their counsel may agree to
submit for hearing; therefore.
ResOlued, That the governor be
authorized to appoint two persons OF
competent law knowledge resident in
the middle division of the State, who, in
connection with the chief justice, are
authorized and requested to meet at
Nashville, etc.
Resolued, That the chief justice and
said two lawyers shall receive az cOm-
pensation for their services, the amount
now allowed by law to the supreme
judges OF the State,n etc.
In pursuance Of this resolution, Gov
ernor Brown appointed Colonel J. ..
Bailey and Colonel j. w. Head as arbi-
traitors. Being unable to walk to the
capitol, had my bed moved to room
adjoining the court room, and there re-
mained for over two months, engaged
laboring with the other srbitrators, in
the duties assigned to us, not as officers
OF the State, but simply as employees.
II is hardly necessary to remark that /
could not have accepted the position II
it had been an Office of the State without
vscating my office as judge. But the
resolution expressly shows that it was
not intended by the legislature TO be an
official appointment and, no doubt so
passed to enable me TO perform the
service and receive tine compensation,
not as Judge, but as an arbitrator or en-
piOye. When our labOrs were drawing
TO a close, the clerk Of the supreme
court, in pursuance Of the resolution,
made certificate Of the time we had
served and handed it to the comptroller,
who issued bis warrants to Messrs. Bailey
and Head. He asked me il wanted
a warrant also. / replied to him that, IN
my judgment, ] was entitled TO It, and
that the legislature so Intended, but l
would not ssk him to issue warrant to
me until he had examined the question Of
law in the case. II upon such eXamina-
ton, he came to the conclusion that
was entitled TO 1t, desired its issuance.
Colonel Bureh submitted the matter to
Attorney General Heiskell for his opin-
ion, who replied as follows:
"On examination OF the question sub
mitted, l am Of opinion that the legisla-
ture intended to pay the srbitratOrs as
such. They must have known that a
Judge who was disabled by sickness was
entitled to salary while the governors
appointee filed the place, under the
general law. They would not, therefore.
have made any provision for any but the
two if they had not intended 1t as ad-
ditional."
Upon receiving this opinion, Colonel
Bulch issued and forwarded to me
warrant for the time / had served as
arbitrator, amounting TO something over
one hundred dollars. In acknowiedg-
ing the receipt OF the warrant, | wrote
to Colonel Burch that although was full
ly satisfied OF my right to the compensa-
ton, and that the Legislature so intended,
yet, under the circumstances, wished
him to understand that | received and
held the amount subject to such action
as the legislature might see proper TO
take. / have so held it, and will readily
abide by any order that may be made IN
the matter. l deem it proper, however,
to remark that when the resolution was
passed, with an express provision for
my compensation, supposed that It
was done, in part, in view Of the painful
affiiction which / had suffered, and the
heavy expense which had been entailed
upon me in consequence Of an accident
resulting from palpable defect IN the
arrangement Of that part of the capitol
ID which the accident occurred. 1t never
occurred to me that it was expected by
the legislature that l was to submit
to the privations and expenses
necessarily consequent upon eODeenting
to the employment, without additional
compensation. l ain still satisfied that
have not misunderstood the intention
Of the Legislature, and that in receiving
the compensation l did just what WAS
intending to do. But out OF abundant
caution, | preferred to file with the
comptroller the evidence that I received,
and held the compensation subject TO
the action OF the legislature. Respect
fully, A. o. p. NICHOLSON.
The nail-factory, rolling-milI, ma
chine-shops and buildings sn the south
side OF Ausble river at Ausble Forks,