The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-03-05
THE SUPREME COURT.
WHAT 1T Is AND MAY BE AFTER
THE ELECTION.
ColIOquy Between a Mississippi and
Tennessee Lawyer Who Is Friend
" to Turney and Freeman.
too,,vs,ovnyxoK on rHE ArrrAL.l

trail Mle6lbttppl uhhiON veAA
and one from 1,enneesee namedIhomas
-, educated years sgo at the same
university, between whom exists the
warmest friendship aud most cordial
relatioue. rave rise TO q sinRularly en-
te,taining' conversation, which, being
sbout matters deeply Interesting to
YOU State, suggested the idsa OF Civ.
inc the same as neal as possible, Just
a. Il occurred. After many touching
reminiscenc(s the conversation turned
mon the mode OF electing judges.
Jim-You are having a stirring time
in your State over the election oil
jndges.
1om-Yep, by George; Wal is ram
pant all along the judicial line.
Jim-How is thst; is the practice at
40 low an cob, or is 1t that your judges
do not give satisfaction?
Tom-Well, both. You zee We have
a heavy Supreme Court docket, and 1t
is greatly behind. This gave rise to
the reform system in our State-men-
aged by nine excellent lawyers, who
report the law and the fact to the SUI
preme Court-so that we have COW
some thirty lawyers who would not
hesitate 10 sit where Reese and Wright
and TuIley tat.
Jim-How do you select your
Tom-We don't select, They come
out like locust,. They seek the office.
II don't seek them. Promotion, Jim,
in Tennessee, comes from much seek
ing. The dear people will have 1t 30.
Jim-The question, then, is a very
serious one. Our people are fortunate.
The current transactions are passed
upon. In the last printed volume OF
reports in our State the transactions OF
1882 and 1883 are adjudica.ed and re.
ported.
Tom-May be your judges don't
know how - write opinions.
Jim-They command the highest
respect and esteem OF our bar. One
thing, too, ch~aracterizss them; they
are very brief, pointed. They decide
the question in brief. Every lawyer
understands the meaning Of the court.
And il ends litigation.
Toni knew what you were COM
ing TO. You say your judges decide,
and this ends litigation. Now, by
George, that is exactly what we don't
want. We would starve il we had
our cases hutchered up in such style
as yours. Now, take your big railroad
case and your Supreme Court ended
the whole matter in Al opinion Of
thirteen pages. See here. Leok In
IA lei. This is the kind Of judges we
have, By George, II a dinner was
served up the way your Supreme
Judges do things, ii would end before
we got to fish" Why some, nine out
OF ten, OF your opinions don't cover a
page. Now, Jim, just lcok at these
cases. vs. don't publish cases like
yours. There are only two in your
whole forty.seven Mississippi's long
enough to honor with a place in
our reports. Why, cir, who would
like to sit down and read m Of your
opinionBP 1t is too brief, sir; to short
too concise; states the thing too
clearly. But, Jimmy, my boy, ex.
anime ours, and see how many oil
them there are. Why, there are twelve
Heiskell's, three legal reporters, nine
Bakers and fouitsen LEAFS and only
two terms OF office. Bless your soul,
this is work. Read them, Jimmy dar'
ling. Digest them. You'll find In
them There are peaceful paths YOU
have never trodden; shaded reoessel
you have never penetrated b~ifurcatec
routes inextriCable to an unexperi'
enced eye; beauty and pathos yov
have never felt, and q sublimity L
which you havS never yet beer
raised"
Jim-Yes, Tom, your reports are I
terra incOgnita TO US. They are rarely
read In our courts. Your TENNESSEE
chancery reports are used very much
The edition OF Daniels Chancery PrsC
tice with notes, by one Of your judges
is highly esteemed by Up.
Tom-Yes, these reports OF ours are
own cur heritage, we never let them Il
away from home. We are Greeks in
in that respect, all others are barbara
ans. We have u own Jurisprudence
Jim, you must learn that we have re
versed in. Tennessee that old rule o
"multum in p%arvo." II will do for thu
schools and for the courts, and people
easily satisfied; with us the rule IL
"parvum in multis." Why a Justic,
oil the Peace could handle one OF you.
opinions, it is 20 short, so clear, 81
pointed,
Jim-But how are you going to pei
petuate your SYSTEM How are yol
going to avoid a new departure? HOY
are you going TO prevent a change G
judgeeY
Tom-Well, you have asked me
red-hot question. The devil know
what is going to be the result. Thes
Rababites that are wooing the des
people may let into our court a me-
bench and upset u jurisprudenc,
and review and overhaul oar latel
reported cases.
Jim-WhoaIeyour Supreme Judge
Tom?
Tom-0uI judgesP Why, wit
pleasure. First, there is "my friend
Tom Freeman, he's a sharp one; 20
bet he has his eyes on aspirants fro
the Western District.
Jim-You ought 10 know him.
you could Just hear him when, wit
sweet and loving embrace, with swe
accents aud lovingly, he whisper
"Tom, my boy" Why, it goes rig
down into my soul. He has some
gal scumen-that's what you ielo'
call it, But, you talk Of Il
regular church. My goodness! H,
the worst dissenter you ever ga
Why, he'll dissent when there's
ground for 1t. In England he'd bI
worse fellow than Parnell. He'd ha
a balance OF power, and would
called the leader Of dissenters. Y
ought to read his opinions, Jim, Bl
your soul, there's a heap Of reading
them. Why, one of his dissent
opinions has more reading mat
than any twenty Of yours, TAX
them as you 90, in your reports. II
my friend, though, Jimmie. But J
ought TO see how mad he makes Il
yers like you, Jim. Why, he says
won't read a brief unless it is o
single page or two, with the citati
ali put up briefly. Well, l dc
blame him much. Some Of our /
yers are long winded. They ext
from generation to generation. B
-.e,1 I danJf hlama him for