The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-07-02
up,,pt1s DAILY ArpEAL---FRIDAY. JULY 2. 1885.

at the bar can look upon the COM
ing change without either hope or |
apprehension; but with that high
respectable body that is made up OF
the bar, and who will be called on, and
not in vain, in future years to uphold
and augment the honor and usefulness
If the profession, the case may be
6i.Ssient. To their hands may be en-
fms ed the delicate, responsible and
diflicult task of bringing order out OF 4
confu ion, and simplifying the express
sion of tn e law without making much
alteration IN its structure, leaving that
Office 10 time, which is the greatest in.
noyator. aud which will not be con-
tent that anything shall remain long
in one state.
After the applause that followed
the reading Of the above paper had
subsidized, the Committee on Jurlspu-
dence and Law Reform made the iol-
lowing report;
JURISPRUDENCE AND LAW REFORM
To the Bar Association Of the State of Ten
nessee:
GKNTLEMEN-As q Committee on
Jurisprudence and Law Reform We |
feel that much might be said, enough
has perhaps been eaid already without
more definite action. The foundation |
of all law, both human and divine, is
NEUTRALITY-SUSPICIOUS. the definition
given to jurispIudenca-"The science
OF light-the science OF iaw-the
knowledge of the laws of States and
nations" Aristotle, in speaking Oh
the laws of his own country, said tina:
Jurisprudence, or the knowledge OF
those laws, constituted the principal
and most perfect branch OF ethics. 10
educate the pgople in the knowledge
of the laws Of State and nation, IN
order that laws only for the preserva'
ton md maintenance OF the light
shsll be upheld and entoreed, and all
tina. NAV ne hurtful and destructive OF
the right shall be abrogated, is one OF
the highest duties OF the statesman
and of the lawyer. We regard u as
properly within the range OF the duty
of the lawyer to exert his utmost aoil'
ity, not only in Legislative halls, but
in the forum and elsewhere, in assist
ing in the education Of the people in
reference to the merits or dement's OF
laws sought to be enacted; and in pro-
norton TO the interest thus taken,
vicious legislation would be curtai'ed,
and the most perfect branch OF ethics
would be upheld and promoted a
perfect system of human laws cannot
he expected, but the best efforts OF the
legal profession especially, should be
ever directed to that end.
LAW REFORM
has ENGAGED the serious aud thought
full attention of Legislatures, both State
and national, as well IS the most en-
liphtened members of the legal piotes-
sion all over the country, from the
organization OF the government to the
present time. The common law, one
of the most commendable features OF
which was IFS pliability-the. power TO
adapt it to a changed order oil things
has been made by the decisions
of our courts 10 apply in many
cases. since the formation of
! government, where, without it,
l legislation would have been required
7. TO assert and protect the right. This
= has. however, often been insufficient.
And still often in the at empt, espe-
ciallv in our own State, TO correct ex-
: listing evils by legislation we have ag
. pravated them. Indeed one oil the
= chief evils today, not only in Ten
u pessse but in the National Govern
. ment, as we'll as in most OF the States
. Ia that there is too much hasty and
= inconsiderate legislation. The truth
u of the assertion cannot be denied
!, that no thoughtful man in Tennessee
II who has the good of the State a.
heart, can look upon the assembling
of Legislature otherwise than witt
,t ,hs greatest alarm. The tendency o
% the times is to fiji our legislature
l. with non.professional men, whose
10 chief aim seems to be to increase thu
n, jurisdiction of justices OF the peace
TO and the powers OF the County Courts
O. to change county lines, to amend thu
W fish laws, etc, and very often the.
N ESSAY to repeal or amend laws tina
O. have stood the test OF time and ex
o. perience. The bills offered by thi
Re class of legislators affecting great IN
Il, teTests, are often drawn by men Out
lie side OF the Legislature, who hav
~ come personal end to attain. The
n are not understood (their real intent
~ by the member who presents the bill
ne but with superficial idea OF the OF
TX iects of the bill, he presses 1t often I
a a successful result, his main idea bt
de inc 6to do something" in order tht
'st his name may be published in tn
IN newspapers and Journals, and he ma
is make a character with his constituent
OF and not be left next time when ne
se legislature is to be elected, One
ot the members OF this committee was
en few years ago, without sollcltatlol
re, elected to the Tennessee Legislature
es and hecamelvery early disguised viii
yH, the
,,eV ORDINARY METHODS OF LEGISLATION AN
h ho ITS HUMBUGGERY.
The session met soon after the ge
ersl election OF judicial officers in Il
do State, and under the cons
Nv tuition the salaries oil once
~, could not be increased ~
loS diminished during the term Tor WINK
e q. the Judges were elected. Yet, ne
~. w.tbstanding that fact, snd that
10 would be eight years before the %
les would be OF any practical opera'l,'
90 Except in case OF a vacancy or deati
i iSs one Of the members introduced b
les les To reduce the salaries OF the SUPPER
Oy indges from $4,000 to $4,000 per annu
way and on the next day introduced q b
e% to reduce the salaries of chancello
ioa circuit and criminal judges from S21
Oh to $4,000 per annum. The same me
IT, nn Der introduced bill TO reduce the
al ary Of the Governor from $4,000
$4,000 per annum. All Of these. b
ho were pressed through and passed,
.:nS that the State would be benefited,
l ,.;,l The original compensation paid tn
5tly officers was scarcely adequate to secl
Que Que the services OF the best talent, but
I 'Ise whole obi in the Introduction
.na' MASSAGE OF the bills was TO make
. 3m' lie cheap capital to it's supporters,
'SSy, especially TO the author OF the 81
GU 90 that he could show how much
~ had sayed to the State. SO maniiel
10y a5 unjust were these acts that at the