Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1874-01-13

contributed his share of faithful work 70
discharre il. No man who has disin-
terestediy witnessed its labors, IL seems
tous, oan fail to concur in this opinion
Il is objected, however that one Judge
takes the record IN cause, investigates
n prepares an opinioui and that me
coart. N eeasultatlon, discuss the opiE'
ion. and approve, reject, or modify It,
Take this statement as true as to the
mode in which the court proceeds with
its business. How, otherwise, can the
court make any reasonable progress
The facts in the record are rarely agreed
upon by counsel. They differ as to the
evidence, and the proper construction
and weight thereof. The facts must
first be known by the court. how shall
the six members ccme TO such KNOW,
edge? Each section can only near halt
the causes argued. As to the other halt
of the causes, three members of the
court are without the aid of argumenta-
ton.
Shall each Judge be required to in
vestigate the facts in every caseY This
is physical impossibillty, if any rea-
sonhble progress shall be required IN
disposing of the business.
While we would prefer, if such work
were practicable now, that every men,
Der of the court would investigate the
facts contained in the record yet such
course, in the past and present state q
the docaets of the Supreme Court is
simply, as before remarked, a physical
impossibility.
That certain class of decisions on
the subject Of Confederate currency,
rendered by the courts Immediately pre-
ceding the present should have been
modified and overruled, is a result which
has been fully vindicated by the SUI
preme Court of the United States in
more than one published decision. See
Thorington VS.. Smith, 8 Wallace, / Del
mar VS.. Insurance Company, II Wallace,
66l.
But we respectfully submit that, with
the foregoing exception, the decisions OF
the present Supreme Court OF Tennessee
are as much in accord with the decisions
of the Supreme Court of this State ante
cedent to the war with those of the SUI
preme Court of the United States, and
with the we'll settled principles of juris.
prudence established in England and
America, as the decisions of any Court
preceding it in this State. And, in this
respect, our Supreme Court will COM
pare favorably with that Of any State in
the Union.
The Supreme Court of Tennessee has
performed its labors we'll. 1t has, un-
der circumstances of great provocation,
at times, maintained digniied and
courteous relationship with the bar. 1t
has laboriously examined and honestly
decided the large number of causes
which have come before it. Patience,
labor learning, ability, and integrity
have been marked and prominent ele-
ments in the administration ofjustice in
that forum.
Public sentiment, SO far as known to
us, has acquiesced in its decisions as
lust and correct, in the main. 1t has re-
ceived and now possesses, and will con-
Time to receive and possess, in spite of
all amin diversions, partisan or personal,
the confidence of the bar and people OF
Tennessee. Their chosen servants,
bearing the heavy burden of official
cares and duties, inadequately oompen-
stated. shall never be proclaimed I'M
worthy of the high trust committed to |
them, so long as they shall in the future
as in the past, prove themselves true to
the Constitution and the laws and the
liberties of the State and Of the Union.