The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-04-24
The Au,her of the NH Talks.

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A representative of TuE APPEAL met in
the rotunda Of the Peabody yesterday the
Hon. l.. w. Magruder, of Mississippi, who
was ono Of the counsel for the defense In the
Hamilton case. Ashe was the authoroi the
bill passed by the late Mississippi Iegisla-
ture reducing the chanccry and circuit court
districts, allusion was made 10 the fact
that the law had invoked much criticism
and discussion, and that its constitution.
ality was now being attacked in n suit
before the supreme court Of that State, in
reference 10 which Maj. Magrudcr talked
freely and with interest
"ohl yes" he said there bad been
much criticism OF the measure, some OF
which Is reckless, 10 say the least. For
instance, II has been said that Il wa.
'crudcly and carclcH,ly drawn Of coufs,
referring 10 the frame Of the bil--it
phraseology; whereas nearly the whole O
II is n copy from the code, model OF com
position. changing merely the HsAbr o
districts and the names OF counties, etc
constituting each district.
"You sec there were circuit and
chancory court districts in the State and
as many clianccllors and judges, aud the
terms OF several chancelloBand judges wen
about to expire, and the cxpcdicncy u re-.
ducing the districts was submitted to d
Joint committee Of the senate and House,
Who decided that eight Judges and six
cbancellors were quito a sufficient number
for the business of their courts, In which
think they were right, though Il has
been ilippantly said that too much labor
hal been put upon the judges, 10 that an
efficient administration Of Justice Ia the
courts would be impaired. While the
fact IL that before the war, when trans.
poriaiion 10 half of the county seats war
by dirt roads, and when there wis more
litigation aud business than now, ten
Judges Of the circuit courts, then having
equity jurisdiction, did nearly all thc
business which was dcyolvcd upon
the eleven judges and eleven chan.
ccllos, now on eight judges aud
Nix chanccllop. Then the civil Jurisdiction
Of Justices Of the peace extended only u
controversies, where the value involved
did not exceed $50. Now the Limitation !,
where the value docs not exceed SljO
Then larceny Of anything under SO Wa
cognizablc before justices OF the peace, now
Il II petit larceny where the value does mol
exceed S2j. No that then ten judges Will
more enlarged Jurisdiction aud more busi
ness. found no difficulty disposing Of IN,
business. The alisnrlity oithc proposition
that there ave too few Judges IN well "
lusirated by what judge Wynn, oi IN,
valley district, who said few moments
ago that the bill was in the right direction
| that absolutely, hc had been burdcncd
with idle time, that ho had had oyoi
| five months vacation. and now h,
Is given three more counties, and still ha,
nearly three months vacation. while In al
least four Of his counties he will finish III,
work in one week in each, while the laN
provides for two weeks, from which ihcr,
being two terms n year hc viii have oigh
weeks additional vacation. Tho wisdom
Of the economy IN not alone Justified u
saving the salaries Of the extra judges m,
chanccllon, but by q reduction Of tli'
judiciary expenses In the counties whcr'
The terms have been shortened, for NJ,
tendency u to consume more time thar
necessary u II bc at disposal. Of conn'
some lawyers, 10 whom long terms ar'
convenient, and some Of the nspianis iol
the bench may be inclined 10 complain
vet the law Is one of public benefit ant
the people will No regard II.
"Iou nsk me about the constitutional
iiy Of the law. There was some trouble "
avoiding constitutional restrictions The
scheme was 10 rc.disirct the State W Their
would be no Successors 10 certain Judge
and chancolors whose terms were abon
10 expire. These terms expired at differ
ont times In April, May, October, etc
The other judges and chanccllos wcrc ~
signed 90 the new districts. ! have NJ
doubt abont the conaitulionality 0f th
law. The determination Of the number q
Judges and the territory Of districts IA
legislative function. No judge has AN
vested right In any territory.
There u another question NJ 10 the ri
feet upon the judges mot assigncdl, who's
terms were not ont when the law took II
feet. about which there u some division q
opinion. II was fully discussed by III
committee, and the conclusion rcache
that nj most such judges could hold ihcl
courts. " they should NJ demand, iill th
expiration Of their terms, and such rcsu
would not render iheb bill unconsiiluionh
Their salaries were In no wise affected, an
II was not thought amy such con,oniio