Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1883-01-06
REPORT OF THE CLARKsViLLE
BAR COMMITTEES.

geSt TO an ADJOURNED meetlnS VI eiio
members OF the Clarksville Bar,
some plan of relieving the docket
of the Supreme Court at Nashville,
from the accumulated business up
on it, respectfully submit the fol-
lowing:
First-They are advised that
there are upon that docket about
fifteen hundred cases, and that with
all the diligence characteristic OF
that court, they are barely able TO
nreyent an increase. That If all
appeals should be now checked, 1T
would take that court about .Fce
veors to dispose of the business be-
fore them. This great delay in the
hearing of causes is not due TO any
fault of that court, but solely TO the
business which accumulated ia the
wears Immediately succeeding the
war. They are of opinion that II
the docket could be cleared, the
present machinery is amply able to
prevent any future accumulation,
and to insure to future litigants a
speedy trial of all appeals. The
lower courts are no Wnere croWueu.
upon the contrary the amount OF
litigation pending in them mas NOT
been less within thirty years. The
only relief which is needed, In the
opinion of your committee, Is a
method by which the present DOCK
ct of the DIRT at Nashville shall De
speedily hsposed of. The plan OF
intermediate courts we do not ap-
prove. They would be expensive,
and the accumulated business now
on the Nashville docket out oI the
way. wholly unnecessary. they
could afford but slight relief In
clearing that docket, because to
transfer q cause from that docket
to such intermediate court would
reouire consent, and experience has
shown that any plan requiring such
consent affords the minimum OF re-
lief, a very small proportion OF
causes being submitted to consent
| tribunal. The old plan OF com
mission is also open 10 objection 1or
the same reasons, the experience OF
fonr such tribunals demonstrating
that not over twenty per cent. OF
pending causes are submitted to
such commissions. Any plan OF re-
lief is. however, better than to per-
| nit the matter TO remain as II IS,
and if the plan we suggest shall not
/ he approved, we rec0mmend
hearty acceptance of any agreed
upon by.the Legislature. In view
OF all the difficulties in the way, we
} suggest the plan of Referees, to be
anp0inted by the court, and we
have made part of our report the
form of a bill embodying such plan
The advantages of this plan are
that no consent is necessary, thf
, court by its own order referring
causes to such Referees as its owl
subordinates, for report 10 theii
upon the law and facts OF suci
: cases submitted. These causes thei
3 would be heard upon speclhc excep
: tions to such reports. we are 0
opinion that practically very few
r exceptions would be flied,. ant
3 when filed the cause could be hear'
/ in one-third the time required now
l These reports would greatly ala TN
I. court in disposing of causes, as the.
: would, to say the very least, mar
. row the points for examination 0.
f the court to the very smallest nun
D ber. the Referees being officers z
e the court. would naturally nave en-
h tire the confidence of the court an
3 their reports be of the highest Valu
e to them. We are of opinion ina
r should this plan meet with III
: hearty cooperation of the cOur'
d and to obtain this the Referee
3 should be of their own selection
that two years time will enurel
clear the docket and enable III
n court without further aid to kee
n I'D with its business.
ii An act to facilitate the trial of causes no
If Dending in the Supreme Court at Mas
~ Vile by authorizing the appointment
/. Referees by said court
+ Section I, Be it enacted by tf
20 General Assembly of the State
u Tennessee, That the Supreme Cou
Y, during its present term at Mas
r willie. be and is hereby authorize
!, TO appoint three persons OF chara
!, ter and learning in the law, WI
~ shall compose a Commission oil re
III erees. to whom said court may
rule of court, refer such civil cauS
III now neuding upon the docket
ne said court at Nashville as they ms
10 select. for investigation, and repo
~ upon the facts and law, Such !
u, port to be in writing, and slgned
iu at least a majority of SAID Reieree
10 and which report shall be MADE
20 the court for such action thereon
IN IN the court in open session as II MI
= deem proper.
Sec. 2. That said referees shi
er before entering on the discharge
e their duties, take an oath OF ON
In similar to that prescribed by law
he taken by Judges of the SupreI
Court. and they Shall sit for the
vestigation of causes in the Capt.
at Nashville, and shall give not
on of the order in which they VIII ne
On On causes by publication in NashVl
~ o,u newspaper at least two weeks pei
I Its entering upon the discharge OF IN
m. duties. nI
a 'ho Sec. 8. That the Clerk of the
;ne nreme Court at Nashville, either
in person or by deputy, shall atte
.st upon said Commission, ana IN
'oi@ things perform the duties of cl'
Ia of the Commission, and the co
Its shall appoint marshal TO atte
ID ID upon said Commission whlle
Lu ~ session, who shall perform the
'o; o; ties prescribed by law to. be
od ed formed by Sheriff in attendance
Ia on courts of the State, said mars
of to receive the same compensat
tha now paid to the officer now wait
NJ 1% upon the Supreme Court, and v
TO- shall be paid in same manner
-, said officer is paid.
=" Sec. 4. Said Referees shall n
mower to make rules and REGULATE
for the maintenance of order
for the orderly discharge OF Il
business, and shall have all
ish- powers of the courts of Tenne
an TO enforce order and punish
'Val tempt. ~
rom Sec. 5, That in case oil the
for qualification a any one OF the
Mr.. erees to- act in any case subm1tte
nty- them by the court, the place OF
med disqualified referee may be supp
we'd bv a temporary appointment II
Offin nv the said court If in session,
rva- if not, then by a majority OF
h of iudges thereof. And in case OF
the vacancy occurring by resignati6
ntle- otherwise, such vacancy snail
wal, filled in the same manner;
cred appointment to be only for the
/ to expired term; and all such
latu- pointees, whether to serve IN
any place OF one disqualified, or to
lead vacancy, shall take the oatl
ized herein before prescribed.
Co q The said referees Shal