Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-07-14

IdNO4dblC 10 butuA III NuAS AAdt0ti VI CA
emption. The agreement with them
is now expiring by its own terms, and
henceforth its property viii contribute
its share toward the State revenues.
This accession of seventy millions to
our taxable property is an item that
should not be ignored in discussing
our financial condition.
| CHANCELLOR COOPER ON THE
BENCH.
For number of years past it has
been very general cause of complaint
with those whose necessities force them
to await the decisions of our courts for
a determination Of their rights that in
some manner, which they cannot clear
ly understand, a disposition of their
cases is postponed from time to time,
to an extent that wearies the patience
of the most enduring. Undoubtedly,
in many cases, this delay is to be attri-
buted to the lawyer in charge of the
case. But for this there is an easy
remedy. Oftener, however-and for
this the remedy lies only with the
court-the fault is to be found in the
method of dispatching business adopt
ed by the particular Judge and the
readiness with which he disposes of
whatever is brought before him.
This reproach Of delay has heretofore
attached more to our Chancery Court
than to either Of the Law Courts; but
latterly the tables have somewhat
turned. The Law Judges have, through
q sense Of justice TO suffers IN the outer
parts Of the county and the adjoining
counties, adopted 4 system Of calling
twenty cases a day. If the first case
on the days docket chancesto be a liti-
gated one, the trial Of which viii con-
sumo the whole day, the other nineteen
are called only informally and passed
for trial at the next term Of court.
Thus a certainty for chance Of trial
is at each term given to each suitor, but
no one can tell whether hisnumber will
draw the prize Of a trial.
In the Chancery Court, however, as
now regulated, each case at each term
of the court is peremptorily called for
trial or for some other action. If the
case called be one for the settlement Of
an estate, an opportunity is offered to
! counsel to take such steps as may be
deemed necessary. If it be a contested
case, the parties are not only at once
offered a trial, but if either side applies
for a continuance, the other being anx-
ious to try, the most meretOrious
reason for a continuance is de-
manded from the party applying.
The natural effect of this has been
TO create a desire on the part of ..dih-
gent counsel, to bring as many of their
cases within the jurisdiction of the
Chancery Court as possible and thus
obtain a speedy hearing. Strong evil
dence Of this is found in the fact, that
the present Chancellor has, during the
last and present term of court, sent an
unusually large number Of cases from
his court to courts of law, purely for
want of that jurisdiction sought to be
given him.
Aside from the fact that he is the
choice of our people, it would be an alb
surd Withholding of the truth not to
say that this state of affairs in the
Chancery Court has been brought about
by the present Chancellor, w. F.
Cooper. When appointed to the Office
by the Governor some two years since,
at the unanimous request of the bar,
he, in short address to It's members,
took occasion to say that by possibility
he might draw the line a little tighter
than it had been Heretofore drawn,
implying, as some then thought, that
he would endeavor to conduct
business in more rapid, bust
ness-lkc manner than it had been
conducted in that court for many years
before. If that was a promise to suit
ors, rather than a Gliding hint to the
profession, it has surely been redeem
ed, for the first term Of court held by
him witnessed a remarkable change. A
certain day Of the week Was set apart
for entertaining motions and other in
terlOcutory applications, theremainder
was devoted to the hearing Of causes.
Without delay deliberately prepared
written opinions We're daily delivered,
opinions so clear and exhaustive that
they are now frequently used with 9TH
er courts us persuasive authority.
If, by Chancellor Cooper's remarka-
bic diligence. order and learning, such
benefits have arisen to the community,
what may We not look for if the people
will bat take the matter in hand and
see to his election. His court has not
yet adjourned and viii not as long as
there remains anything to be done. He
seems to think that work at his post is
the best mode Of electioneering with
the citizens Of this county, and doubt
less in this he is right The Office Is Il
vitality important one and it is much 10
the interest Of all that l. should be
filled by a competent man.
WE have but one question to ask Of