The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-08-04
THEY DID ALL THEY COULD.
Judge FallieaRt on The Superior Court
judges Convention.

ment Attributed to Him Premature.
The Convention Did Allit Gould IN
der the Law and Left it to a Commit
tee TO Suggest Changes in the Code
in an interview published in At
/ lanta, Gov. Northen makes some
rather plain statements with regard to
the convention of superior court judges re-
Gently held there. Among other things
| Gov. Northen is reported to have said:
LAS far as I am concerned the Judges
/ convention was failure. The judges, I
| think, do not properly cODstrue the au-
! thority which the law gives them Now
| ] intended TO make some suggestions, and
! II possible, TO get the judges to indorse
| some recommendations which | intended
! to make to the legislature
Judges ought not to be figure-heads.
| Their duty consists in something more
! than the mere administration of the law
| For example, judge sends a man to Jail
! to await an appeal for new trial. That
man goes TO a miserable prison to rot
| yes, | say, rot. Now, it is the judges
| business to know exactly what kind of a
| place he is sending the man TO- Again. if
a judge thinks law is extreme in It's
| punishment of certain offense, he should
say so. Whatever is wrong in the admin
istratiOn of the law or whatever the Judge
| thinks is not right, he should make it
known to the Legislature
THOUGHT THE JUDGE SHOULD HAVE DONE IT.
81 intended to get the judges to rec
ommend the establishment of state re
formatory and the appointment Of a
prison inspector.
my idea is that a jail is the Judges
prison and if it is not a healthy place he
should refuse to send a prisoner to it.
Let the judges go to the legislature
and say: 1 will not enforce this or that
law because / belive it is wrong"
The reporter suggested that maybe the
legislative committee appointed by the
judges viii be able to carry out the gov
ernor's views.
The committee, " replied the governor,
will have to receive suggestions and
then submit them to all the judges in
writing. II can't accomplish a great
deal. The judges should have taken hold
OF the matter while they were here and
all together
THE WORK Fully ACCOMPLISHED.
Judge talligant was shown
! copy OF the interview in which the gov
ernOr is reported to have declared that
the convention was failure and was
asked to make any statement he thought
proper in reference thereto.
Il have too much respect for Gov
Northen as chief magistrate and as an
eminent CITIZEN said Judge Falligant
Ito desire TO CritiCisc any actionOr declara-
ton Of his. Nevertheless, l think the
Judgment attributed to him upon the re-
suit of the convention is premature. The
convention was called by Judge Hansell,
at the request of majority of judges I'M
der Section 3,24l, of the Code of Georgia,
which provides
The several judges of the superior
courts of this state may convene at the
coat Of ,,.r,E
such time as they, or a ma iOrity of them
may appoint, for the purpose of establish
ing uniform rules of practice throughout
the several circuits of this state, which
rules, so established shall be published
immediately after the adjournment of
said convention
THE work of the convention was fully
accomplished and the result will be pub
ished according to law 1t was all they
were specifically authorized to do in CON
vention
Section 1868 of the code provides: 1t
shall be the duty of the judges of the
superior court to a make special report
annually to the Governor of this state
previous to the meeting of the general as
sembly, and by him to be submitted to
the legislature, of all such defects, omis-
siOus and imperfections in this code as
experience on their several circuits may
suggest
THE COMMITTEE WILL RECOMMEND CHANGES.
"The various judges had
many suggestions to make. They
found it impossible to remain in
convention long enough to mature their
plans for amendments to the laws. be-
cause q number of them were compelled
to return TO their several circuits. T. for
instance, had to set aside important as
signments for Monday and Tuesday in
order to attend the convention, and was
absolutely compelled to be here Wednes-
day. For these reasons and others, the
convention determined to delegate to the
committee on legislation the duty of pre-
pairing recommendations of changes in
the laws, and adopted the following reso-
lutions;
Resolved That the committee on legisla-
ton he authorized, after the adjournment Of
the convention, to consider such matters as
may be referred to them by this convention
or submitted to them by any of the judges to
prepare such bills as they deem proper to
carry the same with effect that they submit
copies thereof TO the various judges and such
bills as shall be approved by a majority OF
the judges The same shall be submitted hy
the committee to the legislature, and the pas
sage of the same requested.
Resolved also That said committee he au-
thOrized to submit to the governor for the
purpose OF transmitting the same TO the legis-
lature such suggestions as TO changes in the
law as they think necessary and proper to be
made.
DIDN'T HAVE TIME TO DISCUSS THEM.
This committee on legislation is com
posed of Hon. Richard H. Clark, chair
man, and Judges Falligant, Gober, Bart
lett and Henry. This committee will
meet at the call of the chairman, and
hope to discharge the duties imposed on
them with fidelity. I had hoped that thea
convention would have had time to dis
cuss proposed changes in the law, but
that being impossible, I think it has
! adopted proper plan TO secure matured
| suggestions of change l am sure if the
| convention had been informed of the gov
| errors purpose to submit any suggestions
TO that body the opportunity would have
| been readily accorded
Il trust that the work of the committee
| on legislation where it has been accom-
plished will meet the approval of the
governor. Judge Clark, the chairman
of the committee, is one the most
learned and able of all the judges. He is
a resident of Atlanta and will gladly re
cieye and submit to the committee any
and all matters coming within the scope
OF its delegated powers