Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-03-21
THE ABOLISHED COURTS.
what the Law and the Consultation has
90 say about n Movement Against
tne VIII OF the People.
Humber OF Cases now Pending - How
Justice is 10 be CloEged-Pettt1On
OF she Aemphis Bar,

Our Nashville dispatches OF Friday
announce that Governor Porter has
sigued the bill abolishing the second
circuit and the second chanceTy courts
Of this county. When the bill to abolish
these courts was introduced the men,
bers OF the Memphis bar beld meeting
and urged the legislature not to pass
such an act, because such would prove
damaging to the city and the people Of
Shelby county. This petition was not
needed, however, and the bill hes be-
come a law, and in accordance with Its
provisions the second circuit court is to
cease existence the second Monday In
September, while the second chancery
court is 10 shuttle off its legal coil the
first Monday IL O5tober. Outside OF the
inconvenience and doubtful economy
worked by this act, its cOnstitutionality
"a by no means an agreed fact among
tbe best lawyers OF Memphis VINO have
giveh the subject any consideration.
Yesterday morning petition signed by
eighty or more lawyers asking the gov
eTYor TO veto the bill was in readiness 10
be forwarded 10 the capital, when a dis
losteh Was received that he had signed il.
Several prominent attorneys of TINS
eitv yesterday expressed their opinion
ect Il unconstitutional, and will there
sore prove imperative. Another prom
insat attorney, who has practiced at the
lar long while, says the sbolishment
~ the courts IL the most outrageous act
ever penetrated by 3 civilized legis a.
fIre. Another attorney, whose ability
md experience entitle him 20 the re-
,-1ect OF cur people, uses no mild Ian
a., age in condemniDg the acts OF the
fs.,is Iature and the Introduction OF the
hi nv one OF the Shelby county repre-
eantativ.s 9. The validity OF the act VIII
he tested n the courts, and question
of moi less interest to the bar than OF
iT,Tortance Ia the State 81 large will be
sd;ndicqted bv the supreme court.
J,;,tga Halsey' ~ the second circuit
CONT will apply TO the comptroller
~ the salary due him for
the rest Of the term, and upon
refusal the question Will be
reached upon a writ OF quo 10dTrd1lto
We hear il stated that Judge Halsey
will hold Lis court after the date speci-
fled for its abOlishmeut, and upon plea
IS 10 its jurisdiction on the part Of de-
fenjsut, 2n agreed case will be made up
and left to the supreme court for adludi-
cation. While the act abolishes the
court %, it seems thst the judgeship
cannot be done away with, and that he
n. ,ay continue 10 exercise such functions
a ne issuar ce Of q writ Of hdbeds corpus,
Fhe .granting OF an injunction, etc, that
Wouio' come under his jurisdiction In
TIC chs mbers. Section 4, article OF
tt1e cons, tuition OF Tennessee, says, In
referrinr Il, the judge OF the circuit court,
~ cbsnoelIol-: "His term of service shall
ba aight yesrs," Section OF the same
9rtieis save: "1.he judges Of the supreme
ar inferior courts shall, st stated times,
receive a compensation for their services,
IN he sscertsined by law, WHICH shall
not be increased nor diminished duripg
the tIms for which they are elected y
Section. s, article s, says, In speaking Of