People's party paper. [volume] (Atlanta, Ga.) 1891-1898, 1894-09-21

decided. These opinions should be writ
ten slowly and carefully, lest they be
imperfect and by their imperfections
and uncertainties produce more litiga-
ton. With SO few Judges to write so
many opinions, the Court is obliged in
most cases at present, to simply decide
a case by head notes, without giving
opinions. The consequent injury to the
particular itigant Is comparatively
trifing. But the injury done tho pub
I lie by the uncertainty of the law, caused
by crude or hurried decisions without
| opinions, is incalculable.
Not only does the Court hear argu-
ment in each case, but they meet for
consultation, read the records, make mp
the judgments, and each also submits &c
| the full court, when written, his opin-
ions, which are revised and corrected
till they meet the approval of all.
But where there are SO few Judges in
] proportion to the number OF cases, It Ia
impossible for them to do the work as
thoroughly and well.
| Comparatively little of the time of
these Judges is spent in hearing argu-
ment. BY far the greater labor is in
reading the record. discussing and de-
Gliding the cases, preparing head notes
and opinions, and investigating legal
authorities.
In 1877 the present Constitution was
adopted. 1t fixed the number of Supreme
Judges at three. But in 1877 Georgia
had not two thirds as many people nor
two thirds as much wealth as now.
These two things-both sources of liti-
gation-have nearly doubled in this pc
ROD.
Comparison of 5Sth volume of Geor-
Ela HeporuS, Containing cases heard Dy
Supreme Court just before the present
Constitution was adopted, with 9lst vol
ume, the last published, shows:
5Sth Volume Dist Volume.
Criminal cases, %. Criminal cases, AZ.
Increase, ia per
cent
Railroad cases, IA. Railroad cases. %.
Increase, rs per cent
These are two kinds of cases which
generally are long and tedious, and are
samples of the greater labor required of
the court at the present. An increase
of the number of Judges at the Same
average per cent. would give nearly six
judges instead Of three, as now.
All the Northern and Western States,
except those small ones lately admitted,
have from five to nine Judges on their
Supreme Court bench. Several of them
have also intermediate courts, which
largely decrease the labors of their Su-
preme Courts. But some might think
it unfair to compare Georgia with
Weather and more populous States. So
in the following we take only Southern
States, and a few Northern States
smaller in wealth and population than
Georgia.
States having each five Supreme Court
udges-Virginia, North Carolina, Ala
bama, Louisiana and Arkansas.
States having not less than six nor
more than nine Supreme Court Judges
Maryland, New Jersey, Delaware,
Maine, New Hampshire, Vermont, Con
necticut.
States having four Supreme Court
Judges-West Virginia.
Every one of these states has less
wealth and less population than Georgia
most Of them good deal less.
The only Southern States, besides
Georgia, having only three Supreme
Court Judges each, are South Carolina,
Florida and Mississippi. But Georgia's
Supreme Court decides as many cases
per annum as the Supreme Courts of
these three other States combined.
Two successive legislatures have, by
large majorities, voted in favor of in
creasing the Supreme Court from three
to. five Judges. They did this after full
Investigation of all the facts. The last
legislature voted almost unanimously
that way.
The increased expense is only six
thousand dollars year. This means
an increase of taxation amounting to
one cent in three years for each citizen
in the State. In other words, it would
Cost man worth a thousand dollars one
postage stamp once in three years.
In the decrease in litigation conse-
quent on better considered and moro
carefully prepared decisions, the tax
payers will save a hundred times as
much, probably, as the salaries of the
two additional Judges would cost.
Some fear an unworthy man might
get on the bench.
If this is good reason for refusing to
consent to more Judges, when they are
needed, it is equally as good a reason
for abolishing all judgeships and having
no judges, for we might get a bad man
on the bench as it is now. In all offices
we take the chances of getting compe-
tent men to fill them. If the wrong
man should chance to slip in, he will
soon show what he is, and the people
will see that he is left at home next
time.
NoTE-THE DAILY Press and
Peoples PARTY PAPER publishes
the above argument at therequest OF
the Bar Association of Georgia and
the present Chief and Associate
Justices of the Supreme Court, as
we hold our columns open to the dis
semination of all question affecting
the interests of all the people.
Shellaberger'S inc S MaS. renee