The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-07-02
MEMPHIS DAILY APPEAL4--FRIDAY. JULY 2. 1885,

the State at large, a constitutional
amendment might well provide for
change in the organization OF our
court of last resort.
We have tiled several methods for
the relief OF this glazing evil, with
more or lesg OF success, generally less,
and among the various methods sug-
geeted, regard the following as per-
haps the best, its principal virtue be-
log its economy, and an economy
probably without sacrifice Of efficien.
cy. IL is as follows:
Furnish one more judge, and have
the court divided INFO two sections,
one compo ed of three judges to hear
aud dispo!e of equity causes, and to
be known as the thigh court Of equi-
ty," the other likewise composed Of
three judges, aud 10 dispose of law
cases, including the criminal and rev.
enue dockets-with provision for the
reference OF the business of the one
court 10 the other, should the condi.
ton OF the resp sotive dockets render
such reference desirable.
This plan would give us substantially
two courts, with an additional ex-
psnse only OF ihs sa'ary vi che judge.
To meet any temporary over crowd
ing Of the dockels Of your courts, and
to remedy any pressing evil in the adj
minis ration OF justice, there should be
fewer cons itutional provisions with
reference to the courts ard judges.
These ma tsrs should bs left largely
10 legislative regulation Sd that
changes could be made from time 10
time 10 meet the necessities Of the
situation, which cannot be the case
Whsre 20 much OF tho law on the sub.
Jet is reposed in the Constitution 20
AS is taid in the report, that l have
referred to, "the obligation Of the State
to all of its people is pain. 1t is to
provide comp stent court to hear and
decide any gu stion OF an intractlCn o!
the laws. This obligation is absolute,
but when it is once fulfilled the obi
cation to give an appeal is qualified by
circumstances"
The ate ought not to provide fer
the allowance of the appeal if it can
not provide for the hearing of 1t. 1t
mig t ss well offer an empty cup 10
man dying OF thirst.
ABUSE OF WRIT OF INJUNCTION.
There il another matter to which /
would call your attantion in the line
of judicial reform. / refer to the
abuse made Of the writ Of injunction
Il has become n ost serious or evaDce.
With a little Ingenuity on the part
of the Lawyer, and little bluntnes IS of
conscience on the part of the client,
an injunction can be had on almost
any ground, restraining the doing OF
almost anything.
Especially is the injunction Cypress.
i've and prolific of delay wh're il is in
voked to restrain sales under trust
deeds.
The act Of 1873 requiring twenty
days n tice has somehow or other
rarely, to my knowledge, been en-
forced in Shelby County, whatever
may have beer the practice in other
counties, while section OF chanCefy
rule requiring payment of por-
Ton of the debt unuisputed, is prac-
tically abrcgated by tie ingenuity of
counsel in framing the allegations OF
the bill so as 10 make it app ar TO go
to the whole debt.
Theabuse in this regard has virtually
det troyed the value OF real esta,e as a
security for borrowed money.
Iniunctons should never be granted
ex p2rte.
To guard against any exceptional
cases whers notice would not be prac-
cable, our S ate courts could follow
the practices If the Hnitsd Safes
courts. where the jtile is that a
ies'raiEirg order q never made unless
there appta to be danger of irrepala-
BILE injury from delay.
The subject of codific ton, as we
all know, has been provocative OF very
numerous, not to say parpleXing dis
cussons Throughout the several States
in the Union for the last d. cade. IL
is not my purpose in the brief COM
pass of this paper to add anything to
that d scnsslon, but merely TO say that
it is a matte that will not down at our
bidding. 1t is o question that has
been learnedly discussed in able and
eloquent addresses at every State Bar
Association to which l have had &C.
cess. We are all familiar with the
careful consideration ii has rec eived at
the hands OF the American Bar AS
ISOLATION at its annual meetings at Sar-
atoga. The current legal liteI allure
Of the day ia rep'ete with this discus
sion, which it Is hcpsd may end in
bringing the country sooner or later to
a correct solution of this veXed matter.
1t is with pleasure that | announce TO
You that in the programme arranged
for this meeting discussion Of this
subject, from gentlemen amply able to
iustruct us, is provided for.
THE REVENUE LAWS OF THE STATE
will also bs q matter to bs discussed
at this meeting That there has been
always a lemeniable intirmity in the
revenue laws of Tennesses, none VIII
deny. The large amount of litigation
that encumbera the courts OF TIE s ate
today, in matters relating to The co..
lection of back taxes, is in itself suf-
ficient to overwhelm the advocates of
such system. Though tie evil be "a
glazing as MONDAY, the remedy is not
so apparent. This best minds in your
State, both among the lawyers and
legislators, have gwen Stysh thought
and study t. this peri 1sg problem,
Are we too sanpu NJ Nopiug that
the discussion of THU ion, which
is on the programme Of ~ exercises
of this meeting, will blaze the path to
the much needed reform in this
branch Of the public service? The
question rs formulated by your Gen.
tai Council for discussion, re,a es
more especially to the assessment laws
OF Tenness Q
THE METHOD OF ASSESSMENT,
however, ia only one OF the evils OF
our revenue sys'em. The discussion
could with proprlety and profit take q
much wider rage. IL should embrace
the best manner and means OF selling
the property of dslinquents, 81 that
al the burdens OF government should
not fall upon the prompt taxpayer.
Much could be- legrnsd by az exami-
nation of the laws of our siser states,
Mississippi and Arkansas, upon the
subifct. In Misi sippi there is no de-
tense for lax title, except proof thai