The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-07-02

| the flight OF time, aud, ere they are |
aware OF It, the session draws to q
close, and bills are rapidly hurried in
and their passage pressed with zeal,
aud in this way but little Considera-
ton is given TO bills often of charac-
ter affecting the highest interests OF
the State. There are some OF the |
reasons why 50 much OF the time OF |
our conrts is occupied with questions
az to the constitutiouality OF acts
of the Legislature, and so many OF
these acts cannot bear the test OF
judicia! scrutiny. In New YORK the
Legislature meets annually. In order
to mitigate the evils of inconsiderate
and hasty legislation, about which
much complaint is made there, as in
this State, some OF their lawyers are
lggeeting change in their organic
law authorizing biennial instead OF
annual sessions OF the Legislature,
with short terms like ours. This,
they think. would diminish the evil
one-half. But II the evils We have
been enumerating are twofold as great
in New York as in Tennessee, the |
Empire State certainly has the pro-
found sympathy of this committee,
and we take il, Of the Bar Association |
of the State. II New York adopts |
this course, il wi find that the evil
is not remedied-the snake is only |
scotched, not killed. We may and do |
congratulate ourselves that the Ten
nessee Legislature sits biennially in
stead of annually as in New York,
and that it's sessions are Initiated TO
seventy.five DAYS. II we thought it
were practicable, we would recon-
mend a change in the State Constitu-
ton tn the end that the Legislature
should only meet once in four years,
with the limit Of the session to seven
ty.tve days, but this probably could
no. be effected.
ONE OTHER EVIL or VAST MAGNITUDE
AND IMPORTANCE
attends the hasty and inconsiderate
legislation we have in Tenn, ssee, as
well as elsewhere, not exemptiug our
Matt nal Leg sla'u re. 1t is that the
state Of the law upon any given
question is thing almost past
finding out, even by the best
and most experienced lawyers, to say
nothing of the people, the absurd pre-
sumption still obtaining that every
man 10 presumed to know the law. 1t
would have kean almost as absurd in
the days OF Caligula to have charged
his subjects wife notiCs of the laws
when they were posted too high to be
read, ms to charge our people with no.
tee Of the state of our law. With
other professions and occupat ions than
the law, age ana experience bring rect
in labor. The practice OF the art be-
comes less hurdeneome. The rich
stores Of experience gathered through
so many years OF toll, is almost with
out perceptible effort transmitted into
results; but this boon is denied the
, lawyer in our day, as no amount oil
experience or skill can forecast the
possible enactments--State and ma
tional-and n lawyer of the ripest ex-
perlenCe is unable TO keep pace with
7 the changes in the law. Your com
mittee, in considering the evils above
T, enumerated, can think OF no other
remedy better than this to diminish
8 them, If not to effect cure: Let
;. there be an amendment to the consti-
= tuition of the State, authorizing the
: Governor to appoint a commission ioi
a term OF two years, consisting OF three
. first class lawyers, q majority to be Of
l. his own political party, whose duty II
l. shall be to examine carefully every
,, bill offered in either branch OF the
d Legislature, especially with reference
a to It's constitutionality and the state o.
q the law on the came subject ir lea
3, nessee, and perhaps elsewhere in all
u proper casee, and to give an opinion
9 upon the same in writing, which shal
n be read before the committee to which
y the bill is referred, as we'll as to TIN
IS body in which tits presented Tor pas
10 sage. These opinions would, o
10 course, be advisory, but would n,
e, doubt carry great weight and be
8, wholesome restraint upon legislation
10 very much curtailing the amount OF II
y as we'll as improving the character o
~ il, and save the courts from the tria
K of 40 much litigation after each session
is testing the constitutionality OF its acts
NJ The compensation OF the commissio
It. could be fixed and paid for the time
'e actual service. In our opinion som
y such course ss this-either commit
y sion, as suggested, or an amendmen
II, OF the constitution authorizing tn
D. election by the Supreme Court OF 0
10 Assistant Attorney General and IN
'e- porter, making it part OF his duty
at attend each session Of the Legislator
he and give his opinions in writing
ay nppested the commission should d.
To, We also recommend that this cen
NV mission, or a special commission al
Oh pointed for the purpose, be charge
o with the duty and furnished with u
IN, necessary equipment, pecuniary an
re, otherwise, TO report to the Leg slatu
TN what reforms in our laws, especial
of procedure, are necessary to cure o
ND listing defects, and facilitate the a
ministration and execution oil y
an. iustice OF the State in rel
he ton to litigation in the courl
All. There is another question OF impol
ara ance in Tennessee that your comm
oT tee is Of opinion there should be
ich form in, and that is in regard to
Of. curing the payment OF the costs OF u
n courts and its officers. We have d
cts na,ted far from the common law
ION his subject. While the committee
h), of the opinion that
bill THE POOR
me should have the privilege OF havl
Inn, their rights redressed Though the !
bill strumentality OF the courts, by TAXI
ors, the oath in forma pauperis, still
500 would not allow this privilege to
en- abused, as we are satisfied ID OH
sal done under the present state OF
TO law, The constitution OF the 81
bills says that no mans property shall
not taken, or his particular services,
for manded, without the consent OF
lese representatives or without Just co
'ure nensation, etc. Yet, under cur Is
the party may sue under the pauper
and and compel the Clerk OF the Cot
lit Sheriff, ETC., TO render services Tor .
and without compensation, and often WI
ills, ont the hope OF compensation uni
1 he he gains the suit, and those interes
,stly ace that he does not compromise.
last case ont of court, and let the otilC