Sequachee Valley news. (Sequachee [Sequatchie], Tenn.) 1896-1952, 1897-04-29
Why Tennessee Needs a New Constitution
An Review of the Whole Subject by James H. MaoneA
Discussion of Subject of the Most Vital Importance to
Every Man. Woman and Child in the State.
All Should Read It,

lister the criminal laws OF the State.
Last summer the criminal court room
at Memphis and the corridors of the
courthouse, and all available space, was
crowded with countrymen, six hundred
OF whom had been summoned to appear
as jurors in a sensational case, but after
waiting few hours, it was announced
the case was continued and the dis
gusted farmers returned to their re-
spective homes. One of the daily pa
pers, after investigation, estimated that
the court costs and the expenses of tho
persons summoned would easily reach
the sum Of 81, 500, for which there was
absolutely no necessity. Under the pres
emit system, where thousands of men
Of high and low degree are summoned,
and where the sheriff in desperation
goes upon the streets and highways and
summons every man he sees, how easy
is it for corrupt men to work their way
on the jury, and as they never fail to
qualify" and as one juror can hang
the jury, the administrat ton of the law
is made a bowling farce.
Magistrates Should Remain mt Homo.
But there are other features Of our or
ganio law along these lines which i'm
peratiyely demand change, and one is
the necessity of justices Of the peace TO
remain and administer thoir offices in
the district for which each was elected.
Under the present constitution and
rulings of the supreme court Strain
VS.. He1ey, "a Tenn, 06S), they can flock
to the cities and open Office for the
ostensible purpose OF administering JUS
tice, but for the real purpose of plying
the nefarious vocation Of stirring up all
! sorts of strife and "a Rting petty liti-
CATION, thus alliHt hcir pockets and
those of their deputies with ill-gotten
gains, wrung for the most part from the
negro and poor and ignorant white pop
ulation. Around many Of these Offices
there is retinue of special deputies,
who bear the soubriquet of ''pikers" at
Chattanooga, and whose especial voca-
tion is to search out any little difficulty
or rupture among the ignorant classes
and at once worm themselves into tho
confidence ofone side or the other, and
posing as officers Of the law, the supposed
wrongs of the person are magniGel and
dweit upon, and finally advice is given
! to swear out warrant and issue sub
poenas for witnesses all of which is
done upon the assurance that the party
will have nothing to pay as tho State
and county is expected to foot the bills,
even whore the defendant is discharged.
Supreme Court Should Sit Only at Nash
vile,
The organic law should be changed so
as to have the supreme court sit at Nash
vile for many cogent reasons. First, at
the beginning Of each term, and say
three times year or oitener, the entire
criminal docket from every county
should be called through, if no other
! business is transacted This cannot be
done under the present constitution.
Those not guilty should have speedy
vindication. AS to the guilty 1t is
well-known that delay and postpone
ment is the great point sought
by criminals. Witnesses move away,
or are spirited away, bullied or
oajoled, and sometimes die, or their
memories fail them, papers are lost SO
many changes occur, that if an accused
has money or influence, and can get the
! delays he seeks, be is more than apt to
escape punishment This speedy trial
OF criminal appeals would also keep the
Jail fees and expenses down and thus
lessen tho burdens Of government, it is
estimated at least SIS, 600 per year.
In this connection l think all, except
those directly interested, will agree
that the permanent location Of the SUI
preme court at Nashville would be of
incalculable value both to the Judges
and the people The judges could DO
with their families and enjoy the com
forts OF home life and save useless ex-
pense in wandering over the State, and
moreover they could have the benefit of
the State library at Nashville, for the
necessary law books are not to be had
either at jackson or Knoxville.
We Have Too Many Courts.
I also wish to observe here that a
carefully prepared report made to the
State Bar Association in 1924 showed
that Tennessee had more courts than
any adjoining State aud probably more
proportionately than any other State in
the Union, and yet the legislature in
the succeeding year created five new
| judges, because it was said the admins
tration Of justice was delayed. Mr.. j.
H. Cantrell Of Chattanooga pointed out
in recent paper that while Georgia
! and North Carolina each had substan-
TALLY the same population and wealth
as Tennessee, yet Tennessee has more
| judges than both tho other States com.
bined, and pays over SEQ 600 more for
salaries than DO both Of those States
combined. Who can defend such a sys.
ten? Ta3 great trouble is that our
/ constitution requires the maintenance
Of q dual system, that is courts Of law
and courts Of equity. This old fogy
idea has long since been abolished in
. all progressive States, but Tennessee
here, as elsewhere, true 90 old fory
ideas and fossil theories, is ~ loastdity