The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-11-19
NOT ALL OF One MIND
LAWYERS DISAGREE AS TO MERITS
OF CITY COURT BILLS.
OPPOSED BY SOME OF THEM.
ONE MEMBER OF THE BAR SAYS
THE SCHEME is PURE ROT.

The Lawyers Themselves, and Not
the Judges or the Courts, Are Re-
spOnsibIe for Delays in the Trial
of Cases, He Says-''The LATEST Bar
in the Country Is This Lawyers
Criticism Upon His Professional
Brethren-NO lie legislation Needed to
Abolish the Practice of COntinu-
ances by COnsent-AnOther Law
yer Approves Some and Opposes
other Features of the Bills.
There does not seem to be that pleas
ing unanimity of favorable opinion as
to the proposed bills to create and pro-
vide for the administration of two di
visions of the City Court of Savannah
that earnest advocates Of the bills
would desire. Indeed unanimity does
not exist even among members of the
bar.
There is belief that the expenses of
the courts to the people of Chatham
county are already amply sufficient
and that it would be unwise to
make changes in their constitution UNI
less it should affirmatively appear that
the changes would be accompanied by
a reduction in expense and an improve
ment, or a very decided Improvement,
in the administration of justice. This
is the uninformed view of the ordinary
taxpayer, who hesitates to give the
bills his approval until he can be as
sured of the good they will accomplish.
There are not lacking lawyers who
say that the bills will result in the re-
duction of expenses, that they will IA
cilitate the administration of law and
justice in the courts and that they will
rebound ultimately to the advantage
of the people of the county
The lawyers who hold this
view of the matter appear to be in the
majority, but there are some on the
other side of the fence, while a larger
number at present are occupying safe
and secure position on top.
1t is a notable fact, however, that
most of those who oppose the bill in
toto object to giving their opposition
the sanction and Endorsement of their
names They say in effect they don't
.hink changes in the present constltu-
ton of the courts are necessary, but
that they don't care to get mixed up in
the matter one way or another.
Its all rot" said one well-known
member of the BAR Whose Knowledge
of the subject entities his opinion to
weight and Importance. "A sec
ond division of the City Court of Sa-
vannah is not needed. OF course there
has been some trouble in having cases
tried in this county, but the fault has
not been with the courts and judges,
but with the lawyers themselves.
say it advisedly that this is the LATEST
bar in the country It's the fault of the
lawyers that they pass their cases by
consent, and l don't believe any legis-
Iation is needed to change this status.
just let the bar get together and ask
the judges to enforce the rule as to
continuances. so that they may be
granted only for cause. l am conf
dent that the rule will be enforced and
that one of the most fruitful causes of
complaint. the delay in the trial OF
cases, will disappear.
1T is true, as has been stated, that
the time of the Superior Court for the
greater part of the present year has
been taken up with the trial of crimi-
nal cases, but it is equally true,
though it has not been stated, that
when the court was not trying Grim
y
though Judge Falligant was in the city
and on the bench and exerting his ev-
cry energy to induce counsel to try and
dispose of cases pending in his court.
Criticism of the Superior Court in this
matter comes with an i'll grace from
those who are themselves responsible
for the delay"
Another prominent member of the
bar opposed some portions of the bills
IL. I, ind sod others He is in IA
yor. for instance, of having a special
solicitor of the City Court, who is to
be paid a salary, and of turning the
fines and forfeitures collected from
convicted misdemeanor offenders into
the Golfers of the county. He Favored
the plan of holding daily sessions or
the City Court for the trial of criml-
nails, so that there might De jail ae-
livery each day and a resulting saving
TO the county in Jail fees and expenses.
He thought that this plan would do
much to correct some abuses of power
now said to obtain among the magis-
trates. He was 10th, however, to con-
template the creation of second dl-
vision of the City Court, and did not
care much for the provision that the
iudges of the two divisions are to be
permitted to practice law IN courts
other than their own
II have looked forward to the time,
he said. when the county would be
able to increase the salary OF the judge
of the City Court, so that it would
he possible to induce a lawyer of the
first rank in ability and energy to oc-
cupv the bench. ! want to see the
civ Court first-class, in every sense
of the word. I should dislike to see
a law. enacted which would prevent or
nostpone the contamination of this
hone have so long and so fondly en-
tertained. l hardly believe that judges
Of the kind I have had in mind, can
he obtained for $1,000 a year, though.
If they are allowed to practice in other
courts, a thing to me objectionable In
itself. it may be possible"
Most of the lawyers hesitate to
express themselves on the sub
iect until they have seen copies
of the two bills, which have been sent
for and will arrive in day or two.
II is probable that when they arrive
some concerted action by the mem
bers of the bar will be invited and
that. in the light of the full informa-
ton, the copies of the two bills will
bring, the lawyers will be asked to
exrress an opinion as to their merits.