The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-11-03
FOR INTERMEDIATE COURT.
Savannah Lawyers Think the Pro-
posed Bill a Good One.


posed Bill a Good One.
The bill providing for intermediate
courts of appeal. looking to the al
deviation of the present stress of bus
mess before the state Supreme Court.
which will be presented to the Leeis
lature within the next few days. meets
the approval of many members of the
Savannah bar.
That the bill will in the main meet
the needs is admitted by those who
have studied its provisions. The bill
Is much the same as outlined in the
plan which Judge Barrow submitted
to the Bar Association at Warm
Springs few weeks ago. It's trainers
were appointed by the association.
Prominent among them was Judge
Samuel B. Adams.
THE provisions of the bill" said a
prominent attorney, in discussing 1t
yesterday, ARE in many respects ad-
mirable, and certainly its general idea
and design is one that is imperatvely
demanded by the condition of litigation
in the Supreme Court of the state.
A Common Mistake.
ut Is a common mistake" he said.
Ito suppose, as many people do, that
legislation looking to the relief of the
Supreme Court is intended to benefit
the court and the attorneys who prac-
tice in 1t. The truth is that 1t is the
people that have cases. and whose
rights, either of person or property.
are involved. who are interested. The
sufferers from the present condition of
business in the Supreme Court are not
the attorneys. but the people"
This same lawyer gave it as his onin-
lon that there was no doubt of the
fact that the intermediate court is the
only remedy which would prove ade-
quate to relieve, the situation. Tinker
ing and patching up of the present
system, he said, will be of no avail.
The bill did not, in his estimation. ma
terially curtail the appellate power of
the supreme court
1t is absolutely necessary" he add
ded, touching on this point" to have a
supreme tribunal which can give ade-
quate attention to the correction of
error. With the avalanche of cases
which now overwhelms the supreme
court, it is impossible for them to give
adequate attention to the cases which
they are called upon to decide So far
as the personnel of our Supreme Court
ed on. What we want is a change IN,
the law that will give them a chance
not only to do justice to themselves but
to do justice clearly and intelligentlv
to the parties to the case. This ca !,
only be done by an intermediate
| court"
Criticism of the Bill.
Another attorney, when asked wha
his criticism of the bill was, said tina
he considered it's only fault to be its
incompleteness. The design of the bill
he said, was undoubtedly correct.
1T seems to me-" he said. that
another step or two might have beer
taken. Two or three changes would
have improved it. l. No case ought
to be taken to the supreme court di-
rect from any city court. 2. No crimi-
nal case ought to be taken to the SUI
preme court unless it be a capital case
in which the punishment of death has
been imposed. 8. No civil case Of any
description ought to be taken to the
Supreme Court from any interlocutorN
order, judgment or decree
IF the constitution were changed in
these three particulars and these pro-
visions embodied in the proposed bill
1t would be well nigh perfect. There
is no reason why appeals from any
city court should not stop with the IN.
termediate court and there is no de.
mand for any review of criminal sen.
fences by the Supreme Court, unless
life is involved. Above all things the
Supreme Court ought to be relieved
| from the duty Of reviewing decisions
which are not final.