Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-07
MEMPHIS APPEAL
TUESDAY, ;: FEBRUARY o, 1882
THE PARALYzED JUDGES.

j. the weakest and inefficient depart
4 Jnent OF the government. The paralysis of
e ~ Justice Chase impaired his usefulness JUS
lice Clifford was disabled Tor than
year by paralysis from discharging his
duties but he did not believe he beyond
recovery, and he chung to his office to the
great detrment of the public service. Justice
a 80 Hunt has been paralyzed for nearly two
years. He, like Clifford, presents the sad
sest OF all earthly spectacles-a great mind
In ruins-but he refuses resign, because
lie has not been the bench for the ten
years necessary before he can retire on
pension, and he remains in office to draw
~ the salary which he could earn.
Other judges who have escaped the
paralysis still seriously ncapaci-
tated for their duty, their trouble being
moral paralysis which is infinitely more
a Instantaneous to the public than that of
the body. Thisclass of judges can do positive
injury compared to which the simple loss of
the salary paid to the judges who cannot sit
upon the bench is very trifng The nation
has already suffered damage which never
be repaired in the miserable exhibitions
which its highest court has made of its
Astounding political maevolence and lack of
80 Judicial learning and imparality. The
confidence that felt in the fairness of
this court is longer entertained and as
constituted it will regain the re-
spect of the people and the in the hon
esty and justice Of it's judgments especially
-H-1.~ in decisions having political bearing,
which is necessary to the repose of the
~ - try and the endurance OF its institutions.
There time when would have
y thought of failing to yield prompt acqui-
to the law declared by the United
States Supreme Court Regarded as the
bulwark of the constitution against ex-
tst4@h sseeutve encroachments and the peoples
= pledge of safety against the unlawful exer-
no !; !: : :: i; !: :: !
IL
finally demonstrated to all the world through
their participation in the electoral commits
tion to be the tools of party and Of those
who put them in their places More life
.SE4&4A and energy should be infused into both the
supreme courts of the States and the
United States Supreme Court. In nearly all
the State supreme courts cases have been
Cumulating More in many of the
1r. States annually reach the docket than be
decided, and unless something be done to re-
leye it there is prospect that justice will
"s 81 be long delayed to litigants. The national
-, Supreme Court is in state of chronic paraly-
asa - q Es The judiciary OF the country generally
- = does not work fast enough to dispense-the
- immense quantity OF justice required by this
r lightning age, and if the laws delay was
So - proverbial in the slow days when Shakespear IRE
- ~ 4 wrote, it is great wonder that it is abso
lutely iHsuferable The laws machin-
cry has not undergone much improvement
in two centuries out those who it have
become vastly impatient and exacting
e-eze 1t was long ago remarked that time was
s&&As money, but there is good deal more money
in time than when the remark
"A q originally made Justice to be efectlial
- should be speedy, is old maxim st
applicable ever, but speedy Justice ia
yearly becoming profitable. The
Al - brous judicial system had its origin in the
- - ages before work, and it requires many
notifications fit it for the requirements
of a working age. There is nothing so
hnai whom
be business-like well impartial,
and in business qualities Justice at present
seems be painfully lacking. While
81 the laws are intended to be plain, nothing
= is more uncertain than the decisions
g. ~ Of courts, nor is there anything more
"a N yolved in doubt than the duration of a law
suit Much of the ambiguity which per-
vsdes the law, and much of the delay which
2I050B .s5 4: ss;s
> keep up with their dockets could and should
be removed. There should be no delay Of
y p Justice account OF insufficient supply
~ of judicial workers, whatever other cause
may exist toretard it. The problem OF how
relieve the Supreme Court is not easy of
ga solution. While inferior courts may be
made to keep pace with their business by
simply multiplying them, it does not
b y - practicable to have than one court OF
last resort. The judicial system must have
lsa4 a head but it is doubtful if it could work
hsrmoniously with more than one.