Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1877-03-24
WHOLE NO. s.s7S.

dy the ills of our judicial system will
be met and opposed by that false con-
servatism which shrinks from change
through blind fear Of untoward re-
suits. Notwithstanding this We re-
commend the following changes IN the
law:
First-That jurisdiction Of all civil
matters now cognizant ia the Circuit
Court be conferred also on the Chan
Gerry Court, except in cases involving
liquidated damages for injuries to per-
son, character or property. We conf
IDENTIFY look to a period not far in ad-
vance Of as when the people will OBJ
! liteTate all distinctions between courts
of law and equity, and bring our judic-
ial system up TO the advanced stage
now reached, not only in our mother
country, but also IN a very large ma
jority Of the States Of this Union. A
change so radical as this would per-
haps be impracticable at this time,
however expedient in fact. La cases
of unliquidated damages no mode Of
trial equals jury Of twelve honest, in
telligent men, instructed in the law by
competent Court, and as jury trial
in the Chancery Court, with the sys-
TEN of pleading now established, is
always awkward, we recommend that
this class Of cases remain exclusively
cognizable in the Circuit Court.
Second-That whenever practicable
the trial of criminal cases be separated
from the trial of civil cases, 10 be heard
and determined in a distinct tribunal.
The inconvenience resulting from one
court trying both civil and criminal
cases is patent to any lawyer. A gem
eral law to separate these cases through
out the entire State into different
courts, would be inexpedient and very
oppressive to the taxpayer, but in all
counties where il is desired 10 estab-
lish court of Criminal aud Probate
Jurisdiction at the expense Of the
county, we think legislation to that
end should be enacted. In our judg-
ment such courts would greatly lessen
the cost of criminal prosecutions to
the State and counties, as we'll as sup
ply TO the counties one learned IN the
law to give system to Probate matters
and supply intelligent counsel in ap-
propria tions by the Quarterly Court.
Third-That jurisdiction to try all
misdemeanors punishable simply by
fine less than 5000 be conferred on
Justices of the Peace, to be there tried
and determined without a jury, and
that the inquisitorial power of the
Grand Jury be curtaied. We are of
the opinion that the inquisitOrial power
of the Grand Jury, while il may pre-
vent crime, works no little mischief,
while il has heaped upon the counties
burden OF taxation. If the power
could be so hedged about al to avoid
its abuse, it might be made to subserve
an excellent end, but this we deem inn
possible. Your Committee have not
inquired specially for the cost to the
counties incident to criminal prosecu-
tions, but in the course Of their inqui-
ries the criminal cost statistics come 10
them in an authentic form, and are
submitted to the General Assembly
for their consideration. We think full
returns from all the counties would
show that our judicial system costs the
counties Of the State at least S3O0,OOO
year.
Your Committee will further report
that they have under consideration
bills seeking to remedy the Ill referred
to, but they are not sufficiently ma
tured to be reported at this time. We
beg leave to submit this partial report
for the thoughtful consideration Of the
General Assembly.
Respectfully submitted,
JAMES =. STOKES,
Chairman Of Joint Committee.
n. \. CHA MBERS,
W. A. MfLL1KEN.
on the part oi the Senate.
JAMES r. STOKES,
LEWIS SHEPHERD,
y. r. WILSON,
II. +. JOHNSON,
JESSE l.. ROGERS,
On the part OF the House Representatives.