The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1883-10-31
OUR JUDICIAL SYSTEM mo. A.

H UOA 9OO4O4A11 q o. GA A&NOs Ne.
To tho Editor OF The Morrht0wn GaEetts:
think have shownin my former
articles that our system In as bad as Il
welcould be. could show more fully
what have merely glanced at, thai
the system as IL now exists was organ.
lied for an age to whose needs 1t was
adapted. That IL has been suffered 10
continue while zee have grown away
away from it. i could show for in
stance that the grand jury system was
once proper and the best that could he
devised for bringing criminals before
the courts. could show that IL Is now
not necessary, and that it Is inefficient.
L could show that the petit jury system
was once q bulwark Of liberty 70 Eng
lish speaking people, but / could show
by reference to the facts Of history,
that the people and in the main the
bar, have as far as they can d , so, for
saken the system.
But passing by these and many 9TH
er defects In our system, proceed to
suggest, what seems to me some neces-
sary changes.
First, would obliterate entirely our
county court system. / would place
the financial affairs of the county in
the hands Of three citizens to be elect
ed every four or six years by the peo-
pie.
would place our road system In the
hands of a proper boarI OF three, to be
elected in like manner.
would turn over the remainder OF
the business Of the county court to 4
judge to be elected for each county.
Second, would have from six to
twelve trial justices in each county.
would give to these jurisdiction to
try and punish, by fine or imprisOnr
ment or both, all misdemeanors, with
right of appeal to the higher courts
and with civil Jurisdiction such as JUS
tees now have.
Third, would elect one man in each
county, learned In the law, to be called
county judge, aud another to be coun-
ty attorney. To this court / would
give criminal, law and equity jurisdic-
ton. | would have the court to meet
on the first Monday In every month
and sit till the docket was clear, If |
practical. ia |
would give power to the county at
tOrney to bring criminals before the |
court on information filed, either in
term time or in vaca ion, would
make it part of the official oath of eY-
cry officer in the county to give the
county attorney Information Of all vio-
lations Of law, and would vest in him
power 10 send for witnesses when he
had reason to believe crime had been
r.s-
would have no juIies except per-
haps In felony cases. In these 1 would
have a jury of Ave or seven IL demand
ed by the defendant. But would GER
tainly not require that all of these
should agree upon a verdict. But the
verdict of a majority only, should be
required.
Fourth, Appeals. / would constitute
district courts Of appeals, to be compos-
ID OF four or six county judges, to
meet on the fourth Monday Of each
month, having Jurisdiction in tie ag-
,regate Of appeals from their several
judge from any given
county vacating his seat while appeals
rom his county were being heard.
i would provide that appeals from
hess district courts to tho supreme
curt should only carry up questions
# law upon certified findings Of facts
aising the questions OF law. 1t will
'e seen, that this arrangement disposes
4 our entire system, except the SUI
IRENE court. Under our constitution
> construed by the supreme court
his may all be done by Legislative
nactment except, az to iuries.
Any man can see that under q sys-
EN- like this, no law srit can stay In
curt as long "a two years.
Any man can see that q criminal
fOulu Huu HIS case ~ an emu IN Tile 1
over courts at least within two or
hree months after 1t began.
Bills of cost to litigants need not I'M
err system like this, be half what
hey are. And / venture that not
the number of judges,
he expense Of the system to the State
nd counties, would be divided by two.
Now, dear reader, have no axe to |
rind. 1 have written what 1 have
'ritten only with hope of inducing
bought among the intelligent, on the
ubject. Old fogies will make very
ght Of my ideas; but changes some
hing like 1 have suggested, will be
lade in the not distant future not
their opposition.
1t cannot be, that it is necessary or !
ight for criminals, to delay their pun /
Ihment through the forms of law, for |
ears. II cannot be that it Is neces-
ary for mems rights to be denied
lem through forms Of law for five, ten
r fifteen years. ~ :