The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-02-10

M OBSTACLE 70 the designs OF tntquitous and
powerful men and combinations; nothing so
dangerous to judicial independence as frequent
elections. Russia granted independence TO its
Judges BY giving them the life tenure OF office
and the imperial counsel Immediately found
mat the decisions OF the courts were depopu-
iating the prisons of innocent victims and De
stroying those mournful caravans of convicts
which daily vend their weary. hopeless way to
the mines OF Siberia. The car saw that 10
would not do for despotism when he issued his
ukase destroying the independence of his
Judiciary. But il the life tenure Of Office is not
practicable, or is not considered advisable by
the people. why may there not be q long tenure.
from ten 20 fourteen years. as Is the case with
the judges in the great state of New York;
The certainty of the extended tenure is in itself
an element in the value of the station, and
would, therefore, offer added sttracTiveness to
men OF learning, intellectually aud character
But, sir, this is not the only reform which is
needed in the judicial system of our state. The
ridiculous and injurious statute which denies to
the jury the benefits of the skill, learning and
experience OF the Judge should be repealed.
This section, 3245 of the Gods, the supreme court
OF the United States has held, is not entitled Co
any respect IN the courts Of the United States.
IL makes IL error in judge Of the superior court
OF this state in any case civil or criminal or in
equity, during the progress OF the cause or in
ms charge to the jury, to express or intimate
MS opinion as to what has or has not been
proved and violation OF this rule is ground for
reversal. believe no cause is so effective to
produce uncertainty in the results OF litigation
a. - buls RUE. III q LQUlJlLuQe or cases. the
Judge should be able to advise the Jury when the
proof Is sufficient TO authorize them to make a
verdict. In the absence of such advice the Jury
Is often IN the greatest perpleXity. II the trial
or murder case be pending and the proof had
been plan that the homicide was committed in
chatham county, 1t the judge said TO the Jury:
The proof is indisputable that the homicide
was committed in the city of Savannah, in
chatham county" his decision must be reversed;
although the judge may be absolutely satisfied
IN civil cause that the verdict should be for
one party, and although he may feel that he
must grant motion for a new trial if 1t be for
the other, if there is scintilla of proof con-
trary to his view, he must throw il to the jury
and leave their unframed minds TO work it out
the best way they can. AS that distinguished
Law writer, Mr.. Seymour B. Thompson. the
editor of the Central Ldi0 Journal, and the
author of number of text books Of value. has
declared: ut is like sending a ship
TO sea with skillful captain and a
crew made up Of twelve men, a barber
farmer, merchant, an editor, etc He may
give if he pleases his crew theoretical in
structions upon the principles of navigation
but he may not tell them how to steer or what
sail to set and may not practically direct them
how 20 attain the harbor Of safety" This law
should be repealed. If the legislature of Georgia
believes its judges worthy of trust. and who
can doubt 1t? they should be permitted to sum
up the evidence and to express an opinion as to
the right Of the case but wherever it is in fair
dispute, leaving the decision to the Jury. For
centuries this has been the rule in England.
1t is the rule in the United States courts 1t is
sanctioned by the most distinguished iurists and
it would immeasurably add to the certainty of
justice, immeasurably decrease the cost and de-
lay in litigation.
Another fearful evil, in my judgment, Mr..
Chairman, is that of blending the law and
equity in our system of procedure. This results
in compelling the judge, in the most intricate
equity causes. involving it may be a multitude
of parties. and as many difficult and perplexing
issues, to throw the cause pell nell to the con-
sideration of the jury. Such is the inevitable
result of this rule lay it down as a PROPOSE
ton not susceptible of intelligent and impartial
denial, that. it is impossible under the pres
ent system to try and dispose Of an intricate
equity cause in the superior court of the state
in manner satisfactory TO the parties
and TO the court. 1t is true that questions of
fact may be referred to a master, but If
exceptions are made to the masters report the
jury must pass on each exception. Take for In
stance the Ryan case in Atlanta. dare say it
will never be settled under our luity system
save by compromise. Take for further in
stance the equity cause of Mrs Rowena M.
Clarke VS.. the Central Railroad and Banking
Company of Georgia. If every issue in that
case had to be passed on by jury, and IL it
were stoutly litigated to the end, the youngest
and strongest man at this board would be in his
grave before it was finally adiudicated.
This Is, gentlemen, know serious talk for
the festive board, but it Is true In my Judgment,
every WORD of it and it is well for men who have
stake in the community, which you possess,
the great interests of commerce which you rep
resent, to be advised of the difficulties and dan.
gers which threaten the administration of JUS
tice in our courts, IL Is a matter of the gray
est consequence. The pure and impartial ad-
ministration of justice, wrote the inosive
Junius, is the hrmest bond OF q people to gov
eminent He might also have said its speedy
and effective administration. Counsel are
as much interested in the speedy
disposition OF causes as are the parties The
delay of the law has been for ages its greatest
reproach 1t is classed by Shakespeare in the
colloquy, The pangs OF despised love, the laws
delay, the proud mans Contumely, the nso-
lence of office and all the spurns which patient
merit Of the unworthy takes" / have a sense
that these observations would come less repel
lantly from judge OF the state court than OF
the federal courts, but, gentlemen, / have said
am a Georgian, a devoted Georgian. You
know that it is true. Many of you have placed
your knowledge Of its truth Of record. aud ]
thank you with the gratitude of a heart which
knows not how to forget friend. My mission is
This is to attain the ends of Justice. Justice;
terest Of man on earth. 1t is the ligament which
gether Wherever her temple stands, and sc
long as it is duly honored, there is q foundation
for social security, general happiness, and the
improvement and progress of our race. And
whoever labors on this edifice with usefulness
and distinction; whoever clears its foundations
strengthens its pillars. adorns its entabulatures
or contributes to raise its august dome still
higher in the SKIES connects himself, in name
and fame and character with that which is and
must be as durable as the frame Of human 80
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