The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1881-01-19

a possibility, to say the least Of
that the outstanding issue of Il
Bank of Tennessee may become q
embarrassing charge upon the Trea
ury, . ..r.r.
.-. DELAY OF JUSTICE.
H Prompt steps should be taken {
relieve the dockets of the Suprem
| Court. Without the fault Of tha
court it is hOpelessly behind with tn
business upon it's dockets. There i
no Appellate Court in the Uniol
dispatching so much business as ours
The effect of our statute, enlarginl
the jurisdiction of our Courts o
Chancery, has been to drift the bull
of litigation into those courts. Upon
appeal, under existing laws, the fact.
in all equity cases must be examin.
ed and decided by the Supreme
Court This is the real occasion oi
the inability Of that court to hear
and determine the causes upon It's
dOckets. Experiment has shown
that courts of Arbitration can afford
no adequate remedy for the evil.
Those courts performed their duties
ably and faithfully, but as their iur-
isdiction depended upon consent, and
as the cases We're comparatively few
where both parties We're in gUest of
speedy justice, they were without
the power to accomplish the design
for which they were created Our
bill ofrights declares, that All courts
shall be open; and every man for an
injury done him in his lands, goods
person or reputation, shall have
remedy by due course of law, and
right and justice, administered with
out sale, denial or delay" rt .
1t appears, therefore, that the OBJ
legation upon the General Assembly
to provide an adequate remedy is
imperative Its power to DO so is
complete. .sr.- .... -
. / recommend that the General AS
sembly create a Court of Appeals
for each Of the three grand divisions
of the State, each court TO be com
posed of two judges, to be elected by
the people of the respective divisions.
All appeals from Courts Of Equity
in each division to be heard by the
Court Of Appeals for that division,
and its decisions upon all questions
of fact to be final, with the right Of
appeal to the Supreme Court upon
questions of law, and in all cases
where the judges disagree as to the
law or facts Of a case, the case to
stand for hearing by the Supreme
Court If such courts are created it
should be provided that they are to
hear all equity causes now on the
iockets Of the Supreme Court, unless
dissent in writing is filed with the
Clerk. Two judges will answer for
each court as we'll as three. Ifthere
were three judges the agreement of
two of them would control the decis-
ion of the case, and as it viii only
occasionally happen that disagree
ment will occur, and as the case will
5hen stand for hearing by the Su-
Dreme Court, no inconvenience will
result The plan suggested is as
cheap as can be devised, and cannot
fail to be effective. The only addi-
-iOnal cost will be the salaries of the
Judges, as the same transcript will
be used by both the Court of Appeals
md the Supreme Court. One or all
IF these courts can be abolished at
my time when the public service no |
onger requires their continuance
..... RAILROADS. p .. !
Several of the States of the Union
nave created, with the most satisfac-
ory results, commissions charged /
With the investigation andregulation
If the freigh and passenger rates of /
heir railroads. Il recommend that /
-ou create a like commission charg- /
"a with the assessment of the rail /
oads ofthe State and the investiga-
ion Of their freight and passenger |
ates, and clothed with such powers
s may be necessary to enable it to
nforce Justice and equalityi in the
equation of their freight and pas
enger rates. .'..... ..u
THE UNIVERSITY OF TENNESSEE. .
The reports of the officers of the
University of. Tennessee show that
his institution is in a fourishing |
ondition. The university should |
,e fostered and literally supported
y the State. If the purpose, of its
reation is faithfully carried out it
viii not only disseminate the special
necessary for the develop
nent of the material wealth of the
,tate, but it will afford our ambiti-
us youth, who are without means,
n opportunity to acquire a liberal
ducation practically without cost
he attention of the General As
emily is called to the recommenda-
ions of the officers of the universe
Y in their reports. ,r,. -la "a
. COMMON SCHOOLS. -.' n
The report of the Superintendent
f Public Instruction furnishes salts
lctory evidence that our school
ystem is accomplishing the best re-
1lts. The Common School system !
permanently established in Ten
essee, and with the primary branch
5 of education for its boundary il
ill be perpetual blessing to the
tate, and should be unfalteringly
ncouraged. II
APPoRTIoNMENT
The period fixed by the Constitu-
on for San enumeration of the
voters, and an apportion-
lent of the Representatives in the
Assembly" has arrived,
nd the performance of that duty
evolves upon the General Assembly
t its present session. The Consti-
ltion provides that the number of
Representatives shall not exceed
twenty-five, until the population Of
"a STATE shall be one million and a i