The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-04-23

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 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 the |
persons summoned would easily reach |
the sum of 81, 500, for which there was
absolutely no necessity. Under the pres
ent 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 administration OF the law
is made a bowling farce.
J MnRlSITaJeb SnOuAu az AAOthO'
But there are other features of our or
ganic law along these lines which i'm
peratively demand change, and one is
the necessity of justices of the peace to
remain and administer their offices in
the district for which each was elected.
Under the present constitution and
rulings of the supreme court (Straln
vs.. Hefley, "a Tenn, 66s), 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 fomenting petty liti-
cation, thus filling their 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 soubri9uet of ''pikers" at
a Chattanooga, and whose especial voca-
: ton is to search out any little difficulty
/ or rupture among the ignorant classes
: and at once worm themselves into the
confidence of one side or the other, and
posing as officers of the law, the supposed
= wrongs of the person are magni6ed and
\ dwelt upon, and finally advice is given
i to swear out warrant and issue sub
= poenas for witnesses, all of which il
= done upon the assurance that the party
, will have nothing to pay as the Stat
% and county is expected to foot the bills
= even where the defendant is discharged
a Supreme Court should Sit Only ut Nash
- Vile.
The organic law should be changed S
20 as to have the supreme court sit at Nash
- Vile for many cogent reasons. First, a
=, the beginning of each term, and sa
= three times a year or oftener, the entir
=. criminal docket from every count
~ should be called through, il no otht
- business is transacted. This cannot
= done under the present constitution
:, Those not guilty should have speed
90 vindication. AS to the guilty it
~ well-known that delay and postpon
90 ment is the great point sougl
- by criminals. Witnesses move ava
or are spirited away, bullied
=. caioled, and sometimes die, or the
ON memories fail them, papers are lost
"a many changes occur, that il an accuse
49, has money or influence, and can get Il
DELAYS he seeks, he is more than apt
- escape punishment This speedy tri
OF criminal appeals would also keep t
"A jail fees and expenses down and tn
80 lessen the burdens Of government, it
~ estimated at least $50, 900 per year.
In this connection think all, exec
those directly interested, will agr
"u that the permanent location of the {
preme court at Nashville would be
incalculable value both to the judg
90 and the people. The judges could
- with their families and enjoy the co
- forts of home life and save useless
80 pense in wandering over the State,
az nv moreover they could have the benefit
a. the State library at Nashville, for
~ necessary law books are not to be |
80 either at Jackson or Knoxville
w. We Have Too Many Courts.
,,od also wish to observe here tina
,rts carefully prepared report made to
,irb State Bar Association in 1894 shoN
Vim that Tennessee had more courts tt
ares any adjoining State and probably m
ted. proportionately than any other State
emo the Union, and yet the legislature
vs.. the succeeding year created i've
alief Judges, because it was said the admi
Con- tration of justice was delayed. MI
H. Cantrell of Chattanooga pointed
rupt. in a recent paper that while Geo.
are and North Carolina each had subs
in TALLY the same population and wei
fore as Tennessee, yet Tennessee has n
q is Judges than both the other States
: re- bined, and pays over $4,000 more
ma, salaries than do both Of those St
70. combined. Who can defend such
"A as TEN? The great trouble Is that
mons constitution requires the mainteni
court OF dual system, thatis courts OF
v,nr and courts of equity. This old
onse idea has long since been abolishe
mi, all progressive States, but Tenne
..val. here. as elsewhere, true to old
= bv ideas and fossil theories, is at least