The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-08-18
A MUDDLE, TO.BE-SURE.
And How to Straighten II Out Is Troub-
ling the Lawyers.

And How to Straighten It Out is Troub-
ling the Lawyers.
Flournoy Rivers, writing from Pu-
laski to the Nashville American,
says:
rhe following statement shows
what botch the last General AS
sembly made of the courts in the
Ninth Circuit. Whether plenty"
was also done to all the other cir
cults | do not know. There has al
ready been three settings and reset
tings of cases for the next term" of
the Giles Circuit Court, If such term
ever arrives, which now appears
doubtful.
By Oh. 400, section 6, page 967 of
the acts of the last Legislature, Will
Hanson County Is added to the
Ninth Judicial Circuit. BY section
II of same Oh. the times for hold
ing the courts in this (the Ninth)
Circuit are fixed. By section l3
it Is provided that the first term
Of court held after this act goes into
effect shall be held upon the time
heretofore fixed by law, and there.
after upon the dates fixed by this
statute. This has been practically
the unanimous construction of sec
tion l3, that ls, that one round of
court in each county was to be held
under the old schedule and there
after under the new schedule as
fixed by the act; the word "herein
before used in the last line on page
500 of act 1885, evidently should have
been "heretofore.' By section 10 of
same act it is provided that this act
take effect thirty days after the final
adjournment of the Legislature.
The Legislature adjourned, [ think,
on the oath of April. The act there
fore, took effect the 24th of May.
Several conflicts resulted in the
lows: The last court in Har-
din County was second Monday in
March (act 1897, Oh. 322, p. 6S0,) The
act of 1899 took effect May "a, the
first term thereafter must be held in
Hardin County under the old
schedule, that is first Monday in
September.
In Williamson County (formerly
part of the Nineteenth judicial Cir
cuit) which is added to this (Ninth
Circuit by the same act, the first
term after the act went into effect
May pa it is to be held on the frs
Monday in September also. Thus il
is seen that the judge of the Nine
teenth is required 20 be at Franklir
and Savannah at the same time.
Again, under the old schedule
court is required to be held at Pu
laski on second Monday in October
the regular term there, because it i;
the first term after the law TOOK
effect MAY 24.) Under the pro
visions of the new law the regular
term at Savannah will be the seconC
Monday in October also, for thi
will be the second term for Hardin
County after the act went into etfe CT
and, therefore, must be held unde
the new schedule.
Again under the old schedule
court is required to be held a
Hohenwald on first Monday in No
vember because in Lewis County i
is the first term after the act wen
into effect, while under the ney
schedule it is required to be held a
Waynesboro the first Monday in No
vember. because this will be tn
second term In Wayne after the ac
went into effect, and, therefore
must be held under the new schedule
Can both the courts be held at th'
same time by means of the appoint
ment of special judge and distric
attorney? If so, must the Governo
! appoint or must the bar elect? O
must court be held at one place an
adjourned at the other at the eleC
. tion of the regular judge?
, Or must the court never be hel
anywhere am more at all?