The herald and mail. [volume] (Columbia, Tenn.) 1873-188?, 1874-12-18
A CARD FROM CHIEF JUS
TECE NICHOLSON.
EEe Explains EHIS Motives in Ac-
coping Paw ;ss Arbitrator.
TO the Union and Americana

To the Union and American.
NASHVILLE, Tenn, Dec. 9, l874.-I no.
tice in your issue of date a cOmmunlca-
ton over the signature of Justice" in re-
ply to an article in the Sparta MdeE of
late date, in which | seem to be ar
raigned for receiving compensation Tor
about two months services in the spring
of 1873 as one of the arbitrator appoint
ed by the Legislature to investigate and
reports upon causes pending in Su-
preme Court. | have never seen the ar
Icle in the Sparta Index, but as the mat
ter commented on is thus brought to pub
lie attention, and as the reply Of Jus
tice," (for which / am thankfully though
correct as far as it goes, does not give
all the facts, | will be pardoned for giving
them at more length,
The accident by which | became dis
abled by the breaking of one of my legs
occurred on the Sd of January, 1873,
while the Legislature and Supreme Court
were both in session.
At the end of nearly two months, it be
came known to members of the LegISla-
ture through my surgeon, DR.. Eve, that
it would be impossible for me to go to
Jackson and resume my duties as Judge
al the April term, 1873. | had 50 for re
covered, however, as to sit in my room and
examine records, as was doing, in aid of
the court. Some of the members of the
Legislature applied to me to know if |
was willing to remain in Nashville, alter
the adjournment of the court, and act III
concert with two other lawyers, to be APP
pointed by the Governor, as a Board Of
Arbitrators, in preparing causes on the !
Supreme Court docket for the adjudlca- |
ton of the court. In view of thCcOndltiOn |
of the docket, and of the anxiety of sui |
tors and counsel to have their causes dis |
posed Of and because the additional com |
pensation would aid ne in meeting the |
heavy expenses incident to my misfor-
tune, | consented 10 act, If the necessary
act of the Legislature should be passed |
At that time it was unknown to me that |
my brother lawyers, with characteristic |
generosity, had determined to relieve me
of SO much Of the expenses as accrued to
my surgeons. For this net Of liberality |
aud kindness Shall never cease to be |
grateful.
The Legislature proceeded to adopt
joint resolution, as follows:
Whereas, the Hon. A. o. i. 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 Nashville |
there will remain large amount of bust |
ness on the law and equity dOckets, which |
TIE interest of the State and of lit!gants |
demand should be disposed OF; and |
whereas, it is believed that Chief Justice !
Nicholson will be able to remain in Nash |
vile, and in connection With two other |
competent lawyers try such cases as re- |
main on dockets, as the parties or their |
counsel may agree to submit for hearing; |
therefore.
Resolved, etc, that the Governor be |
authorized to appoint two persons of COM
petent law knowledge, resident in the |
Middle Division Of the State, who, in con-
nection with the CHIEF Justice are au-
thorized and requested to meet in Nash
Vile, etc.
Resolved, that the Chief Justice and
said two lawyers, shall receive as cOmpen-
sat.On for their services, the amount now
allowed by law to the Supreme Judges of
the State etc.
In pursuance OF tkis resolution, Gov.
Brown appointed Col. James u, Bailey
and Col j. W. Head, as arbitrators.
Being unable to walk to the Capitol, !
udu my DGu ulONGu ~ Il IOOul dulOiUlDH !
the court room, and there remained for
over two months, engaged in laboring with
the other arbitratOrs, IL the duties as
signed TO us not as officers of the State,
but simply as emp 'oyees. 1t is hardly
necessary to remark that | could not have
accepted the position if it had been an Of
fee as a judge. But the resolution ex-
pressly shows that it was not intended by
the Legislature to be an official appoint
ment and, no doubt SO passed to enable
me TO perform the service and receive the
not as judge, but as an ar
bitrator or employee.
When our labors were drawing to
close, the Clerk Of the Supreme Court, in
pursuance of the resolution, made Ger
tlhcate of the time we had served aud
handed 1t to the Comptroller, who issued
his warrants to Messrs Bailey and Head |
de asked me IT | wanted a warrant also
replied to him that, in my judgment, ,
was entitled to it, and that the egisla-
ture so intended, but would not ask him to
issue warrant to me until he had exam
med the question of law in the case. If,
upon such examination, he came 10 the con
ciuslon that | was entitled to it, | desired
It's issuance. Col. BgTch submitted the
matter to Attorney General Heiskell. for
his opinion, who replied as follows: {
On examination of the question sub
nltted, | am of opinion that the Legisla-
.ure intended to pay the arbitrators as n
such. They must have known that
Judge who was disabled by sickness was
entitled to his salary, while the Gov
ernor's appointee filed the place, under
general law. They would not, therefore,
nave made any provision for any but the
wO if they had not intended it as addi-
ional" !
Upon receiving this opinion, Col. Burch