The morning news., 1889-05-09

THE remedy for this evil" he said, sis
TO change the constitution of the state so as
TO prohibit the legisla. ure from passing
local or special laws. The first result Of
this will an immense saving in the costs
of the legislature The Session would be
shortened at least three months The
second result would be absolute uniformity,
and colseque tly simplicity in the
laws, aud saving Of time in
the courts. The laws should be
made by the legislature for the
whole state alone. They should be made
for all proper subjects of legislation, and
when the condition Of affairs make them
applicable they should be operative For
illustration: No law of mining, however
general, could apply to Chatham county,
because there are no known mines here. So
also no law relating to rice culture could
apply to Dade county, because rice does not
grow there; but should mines be discovered
in this county, or rlcs be grown in that,
these general laws would apply" In natural
justice, why should Chatham county have
special laws made for its benefit which do
not apply for Camden9 Why should it be
penal t. shoot and trap birds or catch fish
at certain seasons in one county, he asked,
land yet perfectly legal to do these things
in othersP Why should it be penal to sell
liquor within a certain distance of certain
canp-grounds and not so for other camp
groundsm
AN EXAMPLE.
Under the present sys em, Mr.. Brown
said, every city and town along the Central
railroad from Atlanta to Savannah has the
power to make ordinances regulating the
speed of a railroad train. These ordinances
must be observed IN the same way as laws
passed by the legislature. An engineer is
expected to know the laws, although there
may be a score Of them, many Of which
have never been printed, and may be
created between the time he left the tow
and his return to IL, period say of forty
eight hours. If every city and town
charter in Georgia were repealed, and the
cities and towns classified according to
population into say, five classes, with sep
arate laws covering all proper matters of
legislation, aid the existing laws contained
in their ordinance books we're specially
provided for in the code applicable to that
class, much simplicity would result he
laws would be know and 30 one need err.
The speaker urged the Justice in equality.
Inequality he said, is just and the laws
should be repealed. so as to abolish the evil
FOR THE PROTECTION OF CREDITORS.
Chairman F. H. Miller, of the committee
on Judicial administration and remedial
procedure, was unable TO be prese 1t aud
his report was read by Secretary Akin. In
his report the chairman presented an
amendatOry bill drafted by the committee
for the better protection of creditors 10 case
of voluntary assignments by iusolvent debt
ors. The amendment provides that in all
cases of voluntary assignment there shall
vest in the assignee all the property of e
assignor whether described in the schedu les
or not, unless the instrument is attacked
and set aside for fraud, and that until de-
clared void under a direct proceeding for
that purpose, the assignee or any receiver
appointed to administer the same shall be
authorized TO sue for and recover
any property of the assignor not
described therein, and shall not be
esUopped by the inventories, or schedules
thereto attached. The intention is to an
thorizs the assignee to set aside any fraud
uient or collusive action of the assigpor
void against his creditor. The Chairman
suggested that if the amendment met the
sa.ction of the association it be referred
for action with the previous report sub
mitted at the last session Of the assocla-
ton.
LEGAL EDUCATION
The report of Chairman J. M. Pace OF
the committee on legal education and ad-
mission to the bar, was no5 prese t, and his
report was also read by the secretary. The
chairman made the announcement that the
report of a previous commit ee on the same
subject had been introduced in the Senate
read the first time and referred to the gen
eral Judiciary committee.
WALTER B. HILLS ADDRESS.
Chairman Walter B. Hill of the commit
tee on federal le gislation made highly in
teresting report. In the introduction 60
the report the general principles on which
the administration of justice is guaranteed
by organized society were discussed.
Every man has a right said the
speaker, independently of social organiza
ton, to redress his own injuries. When
the state-the all of us-takes away this
| right from the individual citizen-each OF
| us-she is bound to furnish a substitute for
| that right; to wit: mode Of redress by
| law through the courts.
"Men have a right to justice. Justice
| that is not free and sure, and above all
prompt and speedy, does not deserve the
| name of JUSTICE
For the past fifteen wears, Mr.. Hill said,
| the unconsciOnable delays incident to the
| hearing of a case in the supreme court, and
the utter inadequacy of the judicial force
II the circuit courts to do the business con-
| templated by their organization, have been
| the despair of litigants and the reprOach OF
the sys EN-. Practically, period of mort
| than three years eapses between the de-
| termination Cf cass in the circuit court
and It's hearing III the supreme court ne
| judicial machinery, provided by existing
laws to accomplish the work of the circuit
courts, is 50 inefficient that the work Incl
dent to their jurisdiction must either re
main undone or else be done by the circuit
or district judges, sitting alone, without any
adequate provision for Il review-whicn Il
an ancient and sacred right of the common
law, vital to the Interests Of justice.
A BAD STATE OF AFFAIRS.
The evils Of this state of affairs, Mr.. Hill
said, are defense less and undefended. Why
tue have they continued so longs Unde
| popular government legi lation is supposed
| to respond promptly to public opi ion. Blu
| il Is a curious anomaly That a reform must
! frequently wait many years after its univer
sal acceptance as an idea, before it emerge
into adoption. Special reasons have ope
rated to extend the chronology through
which the abuses in the federal judicial sys
| tenn have waited for redress. These abuses
affect keenly and directly only the litigant,
and lawyers. The litgantS are a small
class, as compared with the whole com
munity. Their curses are loud and deep
but they are not united into chorus. Th'
lawyers-the rank and file o
the profession-are generally in
| different to law reform. Romilly
Brougham and Colerid.e, never had th'
sympathy Of the Engl h bar in their grea
| achievements IN that direction. with al
mirable precision, Whately has pointed out
the partial disqualification for law reform
produced by "the lawyers constant haOl
Of fxiug his thoughts on what the law is
aud Withdrawing II from the irrelevant
| question of what the law ought to be-" Ih