Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1877-01-11


twenty-four; compared with the
other adjoining States the Unequal.
lily is against US in a greater de.
gree; something is doubtless due
to the errors Of our system; still
! it is clear that the inferior courts
iof the State are too numerous for
the amount Of business now on
Their dockets. During the past
J ear caused circular letters 20 be
addressed to the clerks of these
courts, for the purpose of ascer-
taining the number of causes tried
within twelve months, with the
number and character of those
docketed and undisposed of about
one-third of the clerks responded
to these inquiries, and facts SUI
ficiently numerous were elected
to show that a number of the
courts can be abolished without
detriment to the public service.
The statements made by the
clerks will be placed before You.
COST OF LITIGATION.
Citizens Of the State complain
that the cost Of litigation is so
considerable, that there arc i'll
many cases deferred from as
serting their rights in the courts
of the State; he complaint is a
wcll-founded one, and | know
Of no more acceptable service
to the public than tho correc-
ltion Of this evil; costs paid by
litigants in the courts Of Ten
nessee are fifty per cent. i'll ex-
cess Of the costs paid by citi-
zcns Of several of the adjoining
States for the same service, and
are unreasonable and excessive
and ought to be reduced,
FEES AND PEFQUISITEs.
| renew the following recon-
mcGdation made in my message
to the Thirty-ninth General AS
somhly: "Much complaint is
made by Taxpayers of the State
at the amount of fees and per-
quisites received by many Office
holders in Tennessee. The COM
pensation Of all public servants
; should be reasonable, but no
plac3 should have attached to
it such ali income as will justi-
fly the employment of corrupt
means in obtaining it, and |
recommend the passage Of a
general law limiting the income
of all officials to certain amount,
land providing that all fees in
excess of the prescribed limit
shall be paid into the public
treasury.
! ARBITRATION COMMISSION.
Hon. S. W. Cochran, Of Obion
county; l.. ID. McKissick, Esq,
of Shelby co ,mty, and Howell
Z. Jackson, Esq, of Madison
county, were appointed and
commissioned as a special com
. mission, under the act approved
18th February, 1875. In spite
Of the industry Of the Judges
Of the Supreme Court and the
: valuable labors Of the Courts
: Of Arbitration for Middle and
West Tennessee, the business
: of the Supreme Court contin-
ues to accumulate; under ouI
present system Of practice it is
! uncertain when the docket Of
|. this Court can be heard. The
number Of cases already filed al
Nashville would occupy the
Court for year. 1t is needless
to remind you of the fact that
this state Of things is the rea-
. sonable cause Of much com
J plant, and that relief is de-
} handed and expected by the
; country, not by another resort
. TO temporary and expensive ex-
> pedicnts, but by such a change
, of practice as will secure the
citizens against a recurrence of
the present state OF the docket.
The transcript of the records
of causes appealed to the SUI
preme Court are made volumin-
GUS by the incorporation Of all
. rocords and the statement of all
! facts, material or otherwise,
used in the Court below; the
result is, that the larger part Of
the time Of the Supreme Court
is occupied in reading and hear
ing a discussion Of issues not
pertinent, when if appellants
were required by law to assign
reasons for the appeal, by max
ing a simple assignment of CT
rors, the Court would always
be advised of the issue involved
i'll the litigation and would be
able to dispatch double the a.
} mount of business, and at an