The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1883-10-24
THE JUDICIAL SYSTEM or TEN
NESSEE no -.
To the Editor Of Tie uOrristOvn GaEette:
THE SUPREME BENCH.

THE st IRENE BENah.
This is the final appellate court
of the State. As 1t present cOnsti-
tuted, the writer doubts whether
a selection of five men could be
made from among the lawyers in
the State who would be an improve
ment upon the present court in any
respect. They were men distin-
guished for their learning and abil-
ity long years ago, and before they
came 10 occupy their present envi-
able positions. Many years Of con-
slant labor and research have GER
tainlv made of them the readiest
and most learned lawyers in the
State.
For many years they have been
doing an amount of labor not equal
ed BY the labor of any equal num-
Der Of Judges in this or any other
country. They, without exception,
deserve to have made imperishable
fame a. jurists. Yet how are the
facts Not a court of last resort in
all the land quotes or looks upon
modern Tennessee decisions as au-
thority for anything. Lawyers in
Tennessee and elsewhere recognize
the fact chat confusion and uncer-
tainty are the characteristics OF
Tennessee judicial opinions.
This is so and must remain so a.
long rs the system remains what it
Is.
Long, cumbersome records, by
the hundred crowd the pigeon holes
in the Supreme Court rooms.
through which by the tens of thOus-
ands Of pages, these FIVE men are
required TO wade with patience and
thOughtfulncss in order to reach, as
near as may be, justice between liti-
giants.
System, uniformity of decisions,
thorough investigation, require time
and patience and deliberation. JUS
tice to thousands Of suitors the alb
sOlute rights of hundreds of citizens
tied up in litigation require haste,
prOmptness Of action on the part OF
the court. But deliberation and
time 10 investigate, such rs other
courts Of last resort may avail them
selves of, would amount TO an alb
sOlute denial of justice in Tennessee.
And 50 these five devoted public
servants arc compelled TO labor on,
the end never in view--records of
ten filed with irrelevant and mean
ingless matter constantly piling up
before them-the fact being known
to litigants that years must pass
before cases already appealed can
be reached, hundreds OF cases are
appealed with little else in view, or
hoped for, than delay.
Our timid legislatures have re-
sorted to subterlugc after subter-
fuge, in the vain hope of bringing
temporary relief One oftheSe sub |
terfuges Is in operation now, in the |
shape of nine very pure and very /
able men, called Referees. These /
men are painfully and patiently |
listening to the lawyers, reading
records, reporting the facts and law
of causes. Exceptions to these re
ports in most instances being filed.
the causes re- heard by the Supreme
Court, and it is simply found that
this measure for relief does not re-
lieve.
In short, looking ut our judicial
system, in reference TO our court of
last resort, as to the perSohei of the
court il could not be bettered, but
as a system it could not be made
worse.
Now, the writer submits 20 every
well informed, candid reader, that
he has presented a fair, uncolored
view Of this whole matter, so far as
he has gone. He might make com
parsons with the judicial systems
Of other States, and show-what
every well informed man knows
that among them all ours is the
very worst. He might show how
this unfortunate State of affairs has
simply stayed with us, while the
times, in this respect, have gone
ahead and left us, but this would
al be foreign to his purpose, and
useless.
The facts exist as shown, to the
very great detriment of the body
polite.
A remedy is at hand. 1t is pc
Iitical folly not to avail ourselves OF
The remedy.