The morning news., 1894-11-03
BAKING PONDER.
MR.. oSBoRNE's BILL.
Its Provisions and Opinions as to How
District Courts Would Work.

@hS AAONAblO4AH aAAd Sp1u1OnG as TO now
District Courts Would Work.
There has been considerable interest
among the members of the Savannah bar
in the bill introduced in the state senate
by Mr.. Osborne, looking to a plan to pro-
vide relief for the supreme court
The measure proposes to organize five
district courts of appeals, these courts to
consist of the judges OF the superior court
IN the circuits grouped together in each
district and the judges of the city courts
IN each district. 1t provides that the
courts are to meet four times a year; first
district in Atlanta, second in Athens, third
IN savannah, fourth in Columbus and fifth
IN Macon. The clerks of the superior
courts in the county where the district
court is held shall be clerk of the district
court Tor that district. These district
courts shall hear appeals from superior
and city courts in their respective dis
trlcts from any final judgment or de-
cisions of those courts on motions for new
trials, granting or refusing to grant or
dlssolVing tnjunctions, for the appoint
ment or refusing to appoint receivers, on
rules against officers of the court, and on
all certorari causes. An appeal to the
| supreme court can be had from the dis
trlct court only in cases involving the
constttutionality of a state or federal
statute, or where capital punishment is
involved, or where the decision of two dis
trlct courts conflict, in which case the
question can be carried to the supreme
| court by a certificate from the district
| court judges. The judges of the district
court are to be paid cents a mile going
and returning from the sessions of the
court, and 81 for each day engaged in
holding court which shall be paid out
of the state treasury
] &c
some members of the Savannah bar as to
whether the passage of such law would
prove advantageous.
| Maj. =. w. Meldrim does not think the
| plan would prove satisfactory. He says it
| would impose extraordinary labor on the
! circuit and city judges, and would be par
| tcularly Objectionable in cities where the
trial courts are overworSed as is the case
in Atlanta and Savannah, where the ses-
| sions are practically continuous. He
| thinks the proper remedy for the situa-
| tion is increased compensation to all the
| judges, making their terms longer or for
/ life, and removing the elections of judges
/ from the influence of politics. Such con-
! diuons, he thinks, would hold out in
| ducements to the ablest and best lawyers
| to seek to occupy judicial positions.
| Mr. c. n. West is a warm advocate
| of the proposed measure, and thinks it
! it will pass. He says the judges could
| easily get away from their courts for one
! week four times d year and such confer
| ences between them would be beneficial.
| he says these district courts would re-
| lieve the strain on the supreme court but
| would not, of course, relieve the neces-
/ sity for larger supreme bench, which
/ should be had as early as the people of
! Georgia see fit to allow it.
! Mr.. w. w. Mackal said he thought there
is a good deal of merit in the movement,
! as there was no doubt about the fact
that the supreme court needs some relief.
He said he had not looked into the details
! of the proposed plan, but was satisfied
something on this line should be done.
Mr. w. w. Fraser said in his opinion
the only remedy is to increase the number
of supreme court judges. He did not see
how the work could be done by judges of
the circuit and city courts.
Mr.. T. 2. Ravenel thinks the bill a
pretty good one with such alterations
as may make it meet the requirements
it is intended to meet.
The opinions among the lawyers seem
to be varied and diverse. There is a
general feeling that something should be
done to relieve the supreme court, but
whether this is the way in which to ac-
complish it is another matter.