The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1880-03-18
he Supreme Court-Judges Over
worked-Extraordinary Increase
Of Appeals

unique ana Dtdutliu. hitti hnlHiildS
certain business in hand, ne took up a
sheet of paper. and read the following
''lines. which were drawn In the form Of a
regular Judicial opinion:-
IN THE NATTER OF RE~sT-BECKLEY, ].
Rest for the hand and brow and breast,
For fingers, heart and brain
Rest and peace! "A long release,
From labor and from pam;
Pain of doubt, fatigue, despair
Pain of darkness everywhere,
And seeking light In vain
Peace and rest are they the best
Fos mortals here below?
Is soft repose from work and woes,
A bliss for men to know!
Bliss of time is bliss of toll
No bliss but this, from sin and soil,
Does God permit to grow.
BY order of the court they were spread on
the minutes III honor of the author. At
Mnta Constitution.
The above incident has special significance to
those who know the labors and embarrass-
ments Of our North Carolina Supreme Ju-
dicial tribunal. 1t is to be regretted that
in forming or amending the present Consti-
tuition, the exigencies of party. in view of
popular clamor for Retrenchment caused
the reduction of the Bench to the ante-bel-
lum number, regardless OF the large increase
of business over the ante bellum docket.
1t is now well established that the court is
not adequate to the amount OF labor thrown
upon it. We speak from particular person.
al knowledge. Occupying rooms on the
same floor, ADD adjacent to those of Judges
Bynum and Rodman, during the last twelve
month OF their term, and holding the same
Locate, :, r- =, .r with tho AcSoota L.,
tees Of the present Court, we know that
their labors are greater than is iudicious or
decent. 1t was a common remark with the
members OF the old Court that they were sut-
ticiently over-worked, with tire Oh the Bench;
and had no desire to incur the increased
drudgery of the smaller number. In this.
we think, there was but little Of the Sour
Grape'-ish sentiment. Few } Justices of any
Court have possessed greater readiness
OF composition than the two Republican
Judges above named yet we know that
they were increasingly engaged throughout
the term, on week days and Sunday too"
from early morn, until midnight, or there
abouts. The duties of he present court are
even more severe. We know that, as a
definite daily rule, the labors of Justices
Ashe and billiard begin at sunrise and ex-
tend until the noon of night, with scarce
time for an half hours walk at dusk. Social
invitations must be rigidly declined, visits
from friends must be avoided as far as pos
sible, else the time must be taken from the
hours of rest. that are SO essential to clear
brain-work. Without such intimate knowl-
edge of Chief Justice Smiths methods, we
know that he could not begin to meet the
demands upon him, but for an iron consti-
tuition, and extraordinary capacity for steady
labor. In short, the Supreme Court is de-
cidedIy overworked SO that instead of the
calm and careful consideration which a
Court of Last Resort should give to each
case, the Judges are compelled to pump
forth from their mental reservoirs a steady
stream of ideas. decisions, and authorities,
from the first week in January to the last in
July Or. And we will remark, en- pdssent,
that under these circumstances, 1t is a com
pliment to the present court that their work
is so sound and SO generally uncliallenged.
During these seml-annual terms, the JUS
tees, not residing in Raleigh, are as com
pletely cut off from home comfort, aud pri
vate business, as if %sojourning in New York
or New Orleans. And neither the salary
nor the tenure OF Office warrant the pulling
up OF household stakes to remove and settle
in Raleigh.
In explanation ofthe increase of business,
aside from the natural increase OF a growing
State, sloughing off the aftermath OF the
war, it may be mentioned that under the
Legislation OF last winter the number of APP
peals is almost doubled, and daily ~increas-
ing. We refer to the abolition of the fee
tax. Hitherto many l~itigants accepted the
Judgment of the lower court, rather than in
cur the fixed loss of the taxed fee besides
the risk of IN. c. by the appeal. But
Low that the cost is only about S., every
d~isgruntled sutton, or defendant, Is sure to
carry up his case, knowing that if de
feated he will rot be much the worse.
Moreover, in many cases men can secure A
stay of execution "n their property, or
keep themselves out of Jail Tor several
mouths, pending an appeal To the Supreme
Court though we'll aware that the Judgment
Of the lower court is sound, and will be sus-
tanned.
The number of Appeals for present Jan
uarvl term il 2.4, whereas the number for
the June term last year was 80. which
f. I~--