The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-01-08
CONSTITUTIONAL CONVENTION.
Reforms Needed in Our Judicial SyS-
TEN, JuStiilpS the Call.

Legislature shall have the right, at any
time, by law, to submit to the people
the question of calling a convention to
alter, reform or abolish this constitu-
ton, and when, upon such submission,
majority of all the votes cast shall be
in favor of said proposition, then dele
gates shall be chosen, and the conven-
ton shall assemble in such mode and
manner as shall be prescribed"
In pursuance of this provision the last
legislature at special session in Sep
TENDER 1895, passed an act submitting to
the people of the State the question of
calling a Constitutional Convention,
and fixing April 1897 for the election, at
which time the people are to say by
ballot, as in an ordinary election,
whether or not they desire new con-
stitution, or any change in their organic
law.
If majority of the votes cast in said
election favors a convention, then dele
gates to such convention are to be cleo
ted at another election to be held in
August 1897, as provided for in another
act passed at the same session, and
these delegates will then meet in Nash
vile and proceed to the grave and seri-
Gus task OF reforming our fundamental
law.
The question then of constitutional
convention is fraught with interest to
the people of the entire State. Every
man who desires to cast his vote with
any intelligence, is anxious for any in
formation that may assist him in the
decision of this matter. If new con-
titutionis essential to the progress of
our State if it is necessary to economy
in the administration of public affairs
if it is the only hope whereby justice
may be more speedily and more cheaply
administered, then indeed, are there few
who would not desire it.
The question is before us, a new con.
stitution or not. We cannot escape the
responsibility of examining this ques-
ton. We must vote for or against it, OF
not vote at all, which is dereliction OF
our duty as citizen; and if we vote we
should have some good reason for the
direction of our ballot. 1t is proposed
in few articles, to set forth, without
much elaboration some reasons to JUS
tify the calling of convention to form
a new constitution, and which, not only
justify it but, if we are to be progress
sive State, imperatively demand it,
Our present constitution was formed
in 1870, while yet the fires of passion
burned intensely; while social condi-
tions were still in chaos; while our pc.
litical life and thought were bound and
limited by tradition, by custom, by pre-
iudices; and while political develop
ment was yet at standstill. But
since that time everything, especially
in the South, has rapidly devel.
oped. New social and material condi
tions have arisen demanding political
changes, Experience has pointed out
our mistakes, political science has
shown us the way of better govern
ment, and our sister States have de-
monstrated to us the wisdom of con
forming our fundamental law to our
material, social and political develop
ment.
In our judicial system alone we car
find ample justification for a new con
stitution. In this particular we are
sadly behind the times. Our system i:
cumbrous and expensive. 1t serves il
a great measure to thwart, rather than
administer justice. 1t is not great i'm
provement upon the times when Ham
let complained of the claws delay
1t mars the symmetry and impedes the
development of our Jurisprudence, anC
oftentimes defeats justice, by establish
ing and maintaining the two artificial
departments of law and equity, which
are respectively administered in oul
circuit and chancery courts. We are
decidedly out of line with the modern
iuridical development, and changes
might profitably be made Throughout
the whole judicial system from our Su
preme Court down to our County Court
1t is proposed in this paper to con
slider the Circuit and Chancery Court
and to give some reasons why thest
separate courts should be no lOnge
maintained and why it would be ia
better to have our civil law admins
tered in one tribunal. The other fea
lures of our judicial system will b
treated, and other reasons for a new
! constitution given, in subsequent issue
of the HERALD.
Our Constitution, Art VI, Section
provides that, "The judicial power O
this State shall be vested in one Su
preme Court, and in such circuit, chan
= Gerry and other inferior courts as tn
: legislature, shall from time to time, oil
: dain and establish, in the judge
thereof, and in justices of the peace" II,
This system of separate circuit ant
chancery courts is thus fastened upo
> us by our constitution.
Why should we have two separat
J., courts, with two kinds of judges, fc
1 the administration of OuI civil law? \
t man that is not blinded by attachmer
I for ancient institutions, will undertake
. to defend this system. There are fe'
men whose conservatism will be so III
reasoning as to desire a continuance {