The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-23
JUDICIAL JUGCLERY.
, LHaIsLATfoN WHICH WILL RETARD
THE ENDS OF JUSTICE.
The Mississippi Legislature Makes a
Mistake In the Passage Of the New
Judiciary Bill---Its Constitutionality
To Be Tested.

already being expressed against some OF
the leading measures enacted into law by
il. To take these Objectionable enactments
up in detail would incur the trouble and
time Of reviewing the entire action OF the
Legislature. One Of. the most prominent
OF the unpopular measures passed, and
that is just now occupying public atten-
ton most, is the new judiciary
bill, and especially that portion OF
1t which abolshes three circuit
judges and five chancellors' districts as
provided under the constitution. That
the changes made are going to engender
fierce legal fight and greatly retard the
ends OF justice is an avowed fact on the
part OF the opposition, whose claims seem
To be both potent in reason and precedent.
Knowing OF this feeling among the bar and
the people Of the State to a wide extent,
an APPEAL reporter had the opportunity
OF meeting leading member OF the north
Mississippi bar yesterday, and asked him
in regard TO the public feeling the meas
ure. The gentleman not being politician,
and having no interest in the matter save
as an attorney with large client
age TO look after and TO see the
ends Of public justice speedily
and equally meted out, was somewhat
10th 10 volunteer an opinion on the per-
picked question, and only consented with
--<the understanding that his name was not
TO be used in the interview.
In reply 10 the question, "What extent
has the dissatisfaction over the new judi
ciary bill reached, and what is going to be
the RESULT" he replied; ''rhe dissatisfac-
ton is general among the bench, bar and
people"
"is the dissatisfaction so great as TO
assume tangible shape in the way OF legal
resistance 10 the effect OF the bill?'
~ ain advised that the bar OF the State
arc organizing resistance all along the
hne."
"What form will this opposition take?"
GAS matter OF course the bar Of Alissis-
sippi will resist the measure through legal
and constitutional methods only. In some
court where there is u question arising UNI
der the new law rs 10 the right Of the new
Judge 10 hold the court, plea will
be interposed in some cause pending
therein 10 the jurisdiction Of the
Judge, setting out the facts in the case
This plea will be demurred 10 and the
demurrer sustained, and final judgment
entered and the cause appealed 10 the
supreme court OF the State. This will
bring up the question OF the constitution
ality Of this bill. A precedent for this
practice Is found In Smith vs.. Ilalfacre,
In the Howard Miss reports, Page
bs2, decided many years ago, and involv-
ing contest over the judgship between
Howry and Huling. In this way there is
no reason why the supreme court should
not settle the matter by the middle or last
Of May"
"What reasons are assigned for the UNI
constituiionality Of the billl'
The questions involved are few and
simple, and are we'll settled by the adjudi-
cations Of the American courts, and some
81 them particularly settled by the decis.
ions Of the supreme court Of Mississippi.
First, the bill depnvcs some OF the judges
| and chanccllos OF the state Of their Offices
by taking from them their jurisdiction and
duties, aud all territories in which 10 exer.
else those duties ~ well ~ their salaries.
This il the case with Circuit Judge w.
+. Featherston and Chancellor Il.
7. Kimbrough, Of the Second ju-
dicial district as erected under
the old law, but dsmcmbcred and placed
in the Third district by the new law.
Judge Rogers district (the sixth is also
bodily taken from him, though an attempt
IL made in the bill Ia meet the consttu'
tional objection in his case by assigning
him TO another district, which embrace,
no part OF the territory includcdin the dis
trict 20 which he was appointed about
three and half years ago. HIS nearest
court Is about $50 miles from his home
Second, the bill assigns judges 10 duties
In districts other than those iorwhich they
were appointed. This Is illustrated In tho
case Of Judge Rogers. who was appointed
10 the Sixth district and commissioned &c
cordingly, and the new bill assigns him q
the old Second district where Judg'
Fcathcrston Ia now the incumbent, occu
ment and discharging It's enctions
Under tho constitution and flaws o
Mississippi, from the early histor!
OF the State down 20 the present
Judges have never been itinennt, wander
ing OF ambulaiory, but have always beef
appointed for particular circuits. and hav
no right 20 hold court out OF their own cir
cults, except by interchange with anothe
Judge. This fundamental principle Is VIC
lated by assigning Judge Rogers TO the oil
Second district"
"But Il Il said that no commission ha
been issued 10 Chancellor Kimbrough ~
his second termg"
''ThIs IL true. But he had been NJ
pointed by the Governor and confirmed b
- The Senate 10 n second term M chanccllo
OF the old Second district before tho me-
judicial bill was passed, and under Oh
constitution and laws OF Mississippi IA
issuance Of n commission " not ncccssar
10 invest a rerson with the powers an
functions OF an Office TO which he has bee
constltutionally elected or appointed
Previous Legislatures Of that State hay
recognized the fact that the COT
slituiicn does not require the issS
anco Of a commission as bcin
necessary, for section lil, code 1880, pr.
yidos that, no commission n necessary
enable county officers 10 exercise their dI
tics provided they shall qualify accordin
10 law, and II the constitution made con
missions necessary, this section would l
unconstitutional, but lis validity has new
been questioned. There Is no statute r
quiring commissions 10 issue 10 judges an
chancclors, and n there was II could NJ
add anything 10 the constitutional requin
ment M 20 this appointment"
"When will this step likely be taken
test the constitutionality OF the billf"
II presume Il will be done at the flr
courts held under the new law, whic
goes into effect on the 0rst day Of Apr
General public disirust and great coniusic
IN regard 10 the administration Of publ
Justice now exists throughout the State
Mississippi, and citizens Of all elias
e. and occupations, except tho