The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-10-28
SUGGESTIONS TO THE LEGIsLA-
TURE.
Reforms in the Laws That Seem to Be
Necessary.

3
Waycross, Ga, Oct. 27.-Judge J. L.
Sweat returned from Blackshear to-day,
where he has been holding court. He
was seen by the MORNING News cor
respondent and asked what legislation
had been recommended to the present
! general assembly by the judges. He said
that he was unable TO state what, II any,
recommendation had been made, but
stated that in response to a communica-
/ ton from the chairman Of the legislative
| committee he had made the following sug-
gestions:
Waycross, Ca, Oct. 90 ts93-Hon Hamilton
McWhorter, Chairman Committee on Legisla.
ton, Lexington, "a. Dear Judge-Hours OF
the 18th has been received. AS to what form
your report will take / am unadVised. pre-
sumo. however, that such suggestions looking
TO changes In the law as may receive
the Endorsement Of majority OF the judges
VIII be submitted by you through the COY
ernor TO the legislature, and that IL Will De
lett TO that body TO prepare and pass such
bills as they see fit to carry the same into e.
feet. Acting upon this idea will only submit
a Few crude suggestions l think the time
has come when there should be borough re-
vision OF our code and d separation or the
penal and civil code into two volumes, and
much OF the matter especially the laws nav
Ing reference to the city Of savannah, now
contained IN our code. eliminated
therefrom, so as 10 reduce the size OF the vol
ume. favor a thorough revision and classi-
lCatiOn of OfenSeS and penalties upon the
lines of the bill introduced in the house at
the last session by Judge John /. Hall. and
passed by that body and which is now pend
ing in the Senate
Many penalties are disproportionate to the
ohense and either broader discretion
should be given the judge IN the imposition of
penalties, or certain odenses which are now
made felonies should be reduced TO misde-
meanors and punished accordingly. The
state penitentiaTY chain gang is increasing IN
numbers at rapid rate, and the small sum
paid for the hire Of these conylcts by the
lessees is small compensation. In most Of
the counties of the state the expense of keep
ing those charged with felonies in jail
until trial can be had in the superior court,
Is a considerable expense to the counties.
wise to msdemeanors. county courts could
try and dispose OF them, and thus in q large
measure, keep the jails comparatively clear.
Besides, think no better system could be
adopted to insure good public roads than
organizatiOnof county chain gangs and having
them kept constantly at work on the pub
lie roads, and In this matter, ben
eht and save the time labor and expense
OF the people. VIII it not be well for your
committee TO procure q copy Of Judge Halls
bill and submit IL to the judges for sug-
gestions and approval? In reference TO the
law OF civil procedure l think amendments
should be made for the more speedy trial and
termination of litigation. Our late conven-
ton was powerless to accomplish but little in
this respect by mere changes in the rules Of
court. The law Of amendments. in my opin-
ion, is entirely too liberal and extends
too far, especially as TO the rights of defend
ants and needs remOdeling changing and re-
strictng, As The law now stands defend
ant may have case answered by his attor-
neg simply causing his name to be marked at
the first or appearance term, and this being
held 10 be filing OF the general issue, can at
the trial or any SUBSEQUENT term of the court,
amend by bringing in matter Of which the
plaintiff had no notice, and by
thus surprising him, force a continuance
TO enable him to prepare to meet it,
In this way our collection laws are made
slow and injurious to the business interests
OF the country, l would favor a change in the
law requiring defendants in civil causes, at the
first term, or within thirty or sixty days there
after, to file their detenses in writing and un-
der oath, plainly, fully and distinctly setting
the same forth, and permitting no amend
ment thereto for causes which existed or
were known, or in the exercise OF reasonable
diligence might have been known, at the time
Of first filing OF pleas or defenses
think IL would be well too to go further
and take everything not specifically denied
by defendant as admitted without requiring
further proof, And to defendants plea or
defense have the plaintif reply admitting or
denying the several matters or causes therein
set forth. and thus simplify and narrow the
issue to be tried and determined by juries
Some change in the law relating to steno
graphic reporters ought TO be made. Either
salary should be, provided for them or their
compensation so hxed as that they could
be required to attend all sessions of the court
and onicially report every case ana upon
every motion for new trial require the NOV
ing party to use the stenographic report in
making up a brief OF the evidence. rulings and
charge OF the court. NOW l suggest to your
comm ttee, and to other judges of the state
that the changes and amendments to the law
which 1 have herein proposed be recon-
mended to the governor and legislature, for
their favorable consideration at the approach
ing session OF the general assembly. Respect
fully submitted. JOHN l., SWEAT,