Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-03-21


day of September next succeeding hif
election Section 5. article Z, Of the
constitution, says: every officer shall
hold his Office until his successor
is elected, or appointed and qualified -
It seems that the Judge Is the court, and
while there IS q distinction made be-
tween the official aud the Office, IL the
Judge Is guaranteed his term Of office by
the constitution, he might or he might
not hold court. However, he can give
Us 8 h06eds corpus, certtOrdri, injunc-
ton, etc, and this is good enough. At
any rate, we will have a Judge, even
/ should bis court be abolished, although
8 Judge without a court may be like
| playing Hamlet without q ghost las has
been 10 California;, and in this case it is
doubtful IL the court would know itself.
/ Testing aside, the Rboiishment Of the
abJve-uamed courts will work great
/ hardship to this community. The two
courts which, as the first circuit and
] the second chRncery, began existence
/ 10 June, 1870, have on their respective
dockets very large number of cases.
| 10 the first chancery court there are
seventeen hundred and seventy.six
cases, and in the second chancery court
there are fifteen hundred cases, making
total OF thirty-twO hundred and seven
! ty-siX causes, which have TO be trans
| feTred TO the former tribunal when the
latter ceases existence. 1t Is safe TO cay
that the average time required for the
| trial and final disposition of a case In
chRncery is from four to six years. At
present two hundred and fifty-eight
cases more than have been tried, have
been filed In the second chancery court.
Perhaps there is not human intelligence
save that within the craniums OF the Ten
nessee Legislators that can solve thisprob-
lem, so as to suggest q remedy. The fact
Ia, our dockets hereafter will be crowded,
provided the two courts be abolished,
and both time and money will be dissi-
pated in the vain eDdeavOr to rid the
dockets Of accumulated causes. A prom
inent attorney Of this city says that
within the last six years he has lost
forty thousand dOllars in causes because
OF the delay in trial. II one lawyer thus
speaks, what must be the startling con-
fessions by others2 The "people," whose
will and esteem the legislature has so
ipjudiciously bid for, and pawned both
reason and common sense to secure, are
mostly interested in the preservation Of
courts affOrding competent facilities for
the hearing and trial of lawsuits. No
expense has been saved to Shelby county
By the act sbolishing the second chan.
Gerry and second circuit courts, which
Is by no means approved on the part OF
the bar. We have heard only of one
lawyer who approved this act, and this
gentleman is doubtless one whose pro-
fessional ambition is more vigorous yet
less economical than his considera-
tiOns Of physical exercise and person.
al ease in climbing steps and NOV
ing from one to the other courtroom.
The continuance of the courts does not
cost the county one cent more thsn
il would be when they are abolished. It
is only the litigants who has to pay for
such convenience, and no law can be
devised by which to obviate this, unless
it be to make courts q kind of free and
easy institutions, supported by the tax
of the people. The legislature has in
ficted q great inconvenience upon the
people OF Shelby county; no economy
charscterizes this act; it is somewhat
asinine. We herewith present the petit
tion Of the lawyers, which was to have
been sent to Governor Porter, but was
not ready in time:
PETITION OF THE LAWYERS.
To His Excellency James D. Porter, Cover
nor, ETC.:
The undersigned members Of the
Shelby county bar respectfully represent
that we regard the number OF courts, as
they at present exist, as absolutely es-
sential to the transaction of the busi
ness now upon Onr dockets. The aboli-
ton Of any Of them cannot fail to be
detrimental to the interests of the COM
munity. All the courts have all the
business they can transact. We request
your excellency to withhold your sane
ton to the bill abolishing the second
chsncery and second circuit courts, ln-
less the legislature will amend the same
so as not to take effect at least till the
time Of the present officers thereof ex-
pires. We make this request independ-
emily OF the grave question Of cOnstitu-
tinnal law involved in the matter