The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1883-10-10
THE JUDICIARY OF TENNESSEE.

XHh VI CO1L4Ah4 OG &A&N H~@N@@A~' |
To the Editor of The Morristown Gazette:
With your permission, l propose to
write several short articles for your
columns on the subject of "The Judici-
AIRY OF Tennessee"
That may at no time be misunder-
stood, desire to say in the outset, that
shall not at any time criticise the
personeE of The Tennessee courts, or make
any reference personally to any man.
propose now to speak of some OF
the results of our present system, and
will perhaps hereafter suggest some
changes, by which better results have
followed elsewhere, and would likely |
follow here.
take litigated cause in equity to |
illustrate: A citizen feeling himself |
aggrieVed, goes to lawyer, and en-
ploys him to file bill. The bill Is pre-
pared and filed, and is said 10 be in
appearance at the next term OF the
court after 1t is fled. This term will
come within less than six months. In
uine cases out of ten, opposing counsel
will ask Of the court one or two months
time in which to file an answer. This
is always granted. Six months inter-
| vene before the next term OF court,
when the cause stands upon bill and
answer. Theoretically, the proof should
be taken within the next six months;
but this is rarely done. So that from
twelve TO eighteen months are sure 10
pass before either party is in a c0ndl-
ton to demand . trial. In almost eV-
ery case II will be found that owing to
the crowded condition of the docket,
the cause will not be reached for one
or TIVE terms after the complainant Is
ready for trial. This means six or
twelve months longer. Then the de-
PENDANT Tor complainant, as the case
may be, J will be able on one pretext or
another to continue the cause for one
or two terms. Say six or twelve months.
At last trial day comes, and it is found
that the cause must be referred to the
master to hear proof and report upon
the rights Of the parties. Such de-
cree goes down. And six months hence
the cause comes up, to be heard upon
the report of the master and upon ex-
ceptions fled to it. If the exceptions
are sustained, the cause may go back to
the master and wait six months longer
for a final hearing. But at last final
decree is rendered settling the rights OF
the parties, after the cause has been in
, court anywhere from two to six or eight
{ years.
!, The defendant is not ready to pay
{ He, therefore, appeals broadly to the
, Supreme Court.
Owing to the crowded condition Of
the docket, this means In East Tennes-
a see an average delay OF three years. Il
4 means in Middle Tennessee an average
{ delay of seven years.
0 But at last, after a delay of fave to tel
: or even fifteen years, the end is reached
g Take as another illustration ciVi
Q action in a court OF law.
Il From four to eight months may b.
G wasted before the cause ia at issue
a Then from four to eight months may b.
v gained By continuances, when, othe
y things out of the way, a trial would b
u had, and the inevitable appeal to tn
/ Supreme Court, causing further de
lay of from three to six years. So tina
: case at law might be terminated i
East Tennessee on an average in abou
seven years.
y But other things are not out of tn
# way, and, therefore, no such speedy re
n suite can be reached.
J. Our fathers have seen fit to to dign
e fly every miserable little violation
n the criminal code, with trial by jury
D. in a court of law, and to make .meT
- police court out of cur courts of law b
10 compelling them to first go through til
u farce of gravely and solemnly tryin
le before jury every boy accused of ca
lie rying a pistol, every lecherous twai
IL accused of too close friendship-eVer
ID rnemy to the temperance organization
&c who may have disregarded some of II
ID forms OF law In the prosecution OF b
e, business enterprises, and an hundre
IT, other little frivolous matters, whic
IN Ought to be disposed OF by the dozt
any afternoon by police justice. Ar
they have seen fit in their great wi
dom ~ to give all such grave matte
es precedence in the courts.
a. 1t results that the dockets of the CT
cult courts are so crowded with tn
class Of business, that all debtor d
- sires to know Is, that his creditor b
ed sued him at law. He feels that tn
no debt may give his administrator son
o. trouble, but that the boys pistols, {
nv whisky shops, the brandy houses, et'
be etc., make a barrier between him a.
We his adversary likely to be impassah
~ during his life.
In 1t follows that the idea Of civil j.
IN tice under our present system is a
N fusion and snare.
rs And as a fact, men all over the Sta
- are shuhning the courts, which we
az created for, and ought to be We
IN bulwark Of their rights, as they wou
nd shun a plague. s.:
nj will look at the subject from a
is other standpoint in my next. -
a. ELEC all the know
nj Electro Galvanic Appliances at
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