Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-12-13
A CARD FROM CHIEF JUSTICE
NICHOLSON.
He Explains His Motives I'm Accept.
ing Pay as Arbitrator.
To +f.,r T,,io

~ AAA1 NtlA1AA anu @AAllIAAeoh-
NASHVILLE, Tenn, Dec. 9, lST4.-I no
tice in your issue Of this date cOmmunica-
tiOn over the signature of Justice" in re-
ply to an article in the Sparta IHdeI Of a
late date, in which / seem TO be arTaigned
for receiving compensation for about two
months services in the spring Of 1873 as one
ofthe arbitrator appointed by the Legisla-
ture to investigate and report upon causes
pending in the Supreme Court. / have
never seen the article in the Sparta IHder,
but as the matter commented on is thus
brought to public attention, and IS the re-
ply Of "Justice," Qor which | am thankfully
though correct as far as it goes, does not
give all the facts, l viii be pardoned for
giving them at mole length.
The accident by which l 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 nv surgeon, DR.. Eve, that it
would be impossible for me to 20 10 jack
son and resume my duties as Judge at the
April term, 1873. l had so far recovered,
however, as to sit in my ToOm and examine
records, as | was doing, in aid Of the court.
Some Of the members Of the Legislature
applied to me to know if l 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 Gov
ernOT, as a Board Of ATbitratorS, in prapar-
ing causes on the Supreme Court docket
for the adjudication of the court. In view
OF the condition Of the docket, and of the
anxiety Of suitOTs and counsel TO have their
causes disposed of, and because the addi-
tiOnal compensation would aid me in meet
ing the heavy expenses incident to my mis-
fortune, ! consented to act, if the necessary
act Of the Legislature should be passed. At
that timeSt was unknO gn TO me that nv
brother lawyers, with Characteristic gener-
OSitv, had determined TO relieve me Of so
much Of the expenses as accrued to my
surgeons. For tins act Of liberality and
kindness shall never cease to be grateful.
The legislature proceeded to adopt a
Joint resolution, as follows:
''Whereas, the Hon. \. o. p. Nicholson.
Chief Justice Of the State, has, by an IN
fortunate accident, become disabled from
sitting for time with the Supreme Court,
aud will not be able to preside at the
next term of said court at Jackson; and,
whereas, at the adjournment OF the pres
ent term of said court at Nashville, there
will remain a large amount of business on
the law and equity dOckels, which the III
terest of the State and of ltigants demand
shOlld be disposed Of; and, whereas, it is
believed that Chief Justice Nicholson will
be able to remain in Nashville, and in CON
nection with two other competent LAWYERS,
Try such cases as remain on the dOckets, as
the parties or their counsel may agree TO
submit for hearing; therefore,
Resolved, etc, that the Governor be an
thosizeI 20 appoint two persons OF compe-
tent law knowledge, resident in tie Middle
Division Of the State, who, in connection
with the Chief Justice, are authorized and
requested 10 meet at Nashville. etc.
Resolved, that the Chief Justice and
said two lawyers, shall receive as compen-
sstiOn for their services, the amount now
allowed by law 10 the Supreme Judges of
the State" etc.
In pursuance of this resolution. Gov.
Brown appointed Col. J. Z. Bailey and
Col. J. W. Head, as arbitrators. Be
ing unable to walk to the Capt.
toll, l had my bed moved to a room
adjoining the court room, and there re-
Ai-tA--eNA Ah'A ''Ht Afar AAAb4AsaASs NAA-4Cu Id
boring with The other arbitrator, in the
duties assigned TO us, not as officers of the
State, but simply as employees. 1t is hard
iy necessary to remark that / could not
have accepte the position if it had been
an office of the State without vacating my
Office as judge. But the resolution ex-
presSly shows that it was not intended by
the LegiSlaturetO be an official appointment
and, no doubt, so passed TO enable me to
perform the service and receive the com
pensation, not as judge, but as an arbitra-
tor or employee.
When our labOrs were drawing to a
close, the Clerk Of the Supreme Court, in
pursuance Of the resolution, made a certif-
icate of the time we had served and hand
ed it to the Comptroller, who issued his
warrants to Messrs. Bailey and Head. He
asked me if I wanted a warrant also. l
replied TO him that, in my Judgment, |
was ent tied to il, and that the Legislature
so intended, but 1 would not ask him TO
issue a warrant TO me until he had exam
ined the question of law in the case. If,
upon such examination, he came to the
conclusion that | was entitled 10 il, / de-
sired its issuance. Col. Burch submitted
the matter to Attorney General Heiskell,
for his opinion, who replied as follows:
"On examination Of the question sub