The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-07-08
GEORGIA BAR ASSOCIATION.
ANNUAL CONVENTION IN SESSION AT
ATLANTA.

Interesting Paper Read on the
Election by the People of Judges
and Solicitors.
Atlanta Ca, July THE annual meet
ing of the Georgia Bar Associa ton, which
began here to-day, was largely attenl-
ed approximately 100 of the leading law
yers of TIE state being present when Hon.
John w. Aiken, president, called the body
to order
The members of the association were
taken out to the Piedmont Club in a spe-
cial car, and they spent the day in the
shade of the trees, their proceedings be-
ing of an enjoyably informal character.
Orvne Park Of Macon was selected to
act as secretary in the absence of J. H.
Blount, Jr., the regular secretary, who
has gone to the war with the Third Geor-
gia Regiment.
President Aiken's address was the lead
ing feature of the day, though other ex-
ceedingly interesting papers were present
ed by Mr.. Hark of Macon on THE Dumb
Act of 1885," and by Hon. J. R. Lown CT
Augusta on Georgia Law Books"
The latter was preceded by the report of
the committee on law books of which Col.
Lown is chairman.
There were also several other regular
committee reports sent in and read by the
secretary The secretary, F. p. Langley,
of LAGRANGE, read a paper on the election
of judges and solicitors by the people.
In his address, President Aiken discussed
the policy of the federal courts in en-
croaching upon the rights of the state
in ~t1r1a
able impression upon his fellow lawyers.
He criticized the federal courts strongly
for these encroachmcnts in local affairs,
end referring to the effect of it on the
administration of the criminal law, declar-
ed that the case of Mrs. Elizabeth Mobiles,
the Twiggs county murderess, was a di-
rect announcement to lynch law.
In launching forth on his arraignment
of the federal courts, after tracing the
plan of our judicial establishment from its
birth to the present state of development
President Aiken said: The Governors
and the President may desire to execute
the will of the people as expressed in the
state and national statutes framed by the
peoples chosen agents. But the federal
judiciary may set aside these statutes and
prevent the state and national executives
from enforcing them. Changes may be at
tempted in the fundamental law of the
land and the majority of legislatures or
stitutional amendments passed by Con-
gress, in order to change the constitution.
SO as to carry into effect the undoubted
will of vast majority of people.
But the federal court may declare that
these constitutional amendments have not
been legally passed, or may construe them
away, and from such a judicial declara-
ton there is no appeal.
THE federal judiciary, therefore, is the
sole repository of ultimate power in this
republic and the handful of men who
WELD this power may WELD it as long as
they live and choose to do So For this
same 5udiciary may avoid one of its men,
bers expulsion from power by impeach-
ment, by adjudging the impeachment pro-
ceediugs to have been Illegal; and not even
insanity terminates this power for as
was once pitifully illustrated in our own
circuit demented federal judge is sim
the judge. Death is the only break upon
this juggernaut but is a very slight and
heeting break for men who hold office for
life rarely die, and when they do their
successors promptly take their places and
the wheel grinds on as before"
Taking up the application of this federal
court, however TO local laws and depre-
eating the interference in civil injunction.
as well as in the administration Of the
criminal law, Judge Aiken referred 10 the
Mobiles case in these words: witness the
Mobiles case, in which a heartless wife pro-
cured the cold blooded murder of her hus-
band. The jury promptly convicted her
of murder in the first degree The state
courts more than once approved the YER
dict and sentenced her to death. BY re-
sorting to the federal courts delays were
secured until finally, by mistaken ap-
plication of mercy which was an MUS
tice to the public the red handed muir
derer escapes the gallows, the people lose
somewhat of faith in penal justice end
-. III.
written in the public heart in favor of
lynch law"
on the topic head Municipal government
as affected by federal injunctions." Judge
Aiken declared that II was contrary to the
genius of American institutions that the
courts shall control or direct any depart
mcnt Of state or municipal government but
that the federal courts have of late practic-
ally assumed such powers. He referred to
several instances. one of which was the
Atlanta street car transfer case, In which
the city by ORDINANCE, sought to compel the
Consolidated TO grant transfers over its va
rious lines, but which ordinance was set
aside by federal court
Continuing, the Illustration, he said: Il
merely invite the attention of Georgia law
yers to the fact that this is a single Illus
tration of government by federal njunc-
ton In Georgia. The federal court by this
decision exercises a function which. as adj
domain of the municipal government of At
lanta, should the legislature see fit to put
1t there. We shall see whether a future leg
islature will give to the city of Atlanta the
express power to thus regulate street car
fares.
But supposing that such power is so
clearly given as to prevent its being CON
strued into innocuous desuetude,' and
supposing that the Atlanta city govern
ment should pass the ordinance thus en-
powered would not the street railway
company, either in it's own name or in
the name of a nonresident corporation
trustee for the bondholders. resort again
to the federal court and raise the cues
ton involved in the decision In the Ne
braska case? In other words, the fed
eral court and not the legislature and the
municipal government Of Atlanta will de
termlne what are proper charges for the