The Savannah morning news., 1904-08-12
AUGUSTUS RECORDER SCORED
DECISION OF JUDGE SPEER
Paper Was Cheered Time and Time Again by
Members of the League

One of the most interesting papers,
and one that won the most applause
from the convention, was that
presented yesterday morning by Re
Corder Charles A. Picquet, of Augusta.
His subject was 1.-The Power of the
State to Create and Define the Limits
of Municipal Courts"
He had been assigned the subject,
1.-The Enlargement of the Jurisdiction
of the Municipal Courts" but in view
of the recent decision of Judge Speer,
in the case appealed to him from the
Macon Police Court, the subject was
changed.
Recorder Picquet's answer to Judge
Speer's decision is by far the best that
has been made," said one of the May
ors. His paper showed he had studied
the question carefully and his delivery
was good" Time and time again, he
was interrupted by applause and had
to pause before he could proceed.
At various points he put in
impromptu comments, which brought
forth repeated cheers. He at
one time referred to Judge Speer
as 1.-The judicial Moses who was
to lead the people away from a belief
that had never been doubted, subse-
Quent or prior to the Magma Charta.
Judge Picquet said:
Foreign regulations are the province
of the federal government; domestic
regulations and institutions belong in
every state to itself, so said Thomas
Jefferson.
when 1 received your kind invita-
ton to submit a paper on this occa-
sion, it was suggested by your presi-
dent that l select a subject pertain
ing to municipal courts. 1t was then
my intention to point out certain
changes in the organic law of the
state enabling it to clothe these courts
with certain powers which I think
would largely contribute towards the
suppression of crime-hence, l selected
2 S a subject, The Enlargement of the
Jurisdiction of Municipal Courts
Federal Court Decision.
Since then decision of one of the
federal courts of this state in effect
annulling various acts of the General
Assembly, creating these courts, has
persuaded me that it would be safer
TO be satisfied with the jurisdiction
they now exercise than violate the die
tates of prudence and imperil them by
agitating an enlargement of their pow
ers.
The summary powers exercised by
them from time immemorial, it occurs
to me that since they have been at
tackled by that decision, it will not
only be interesting to this convention,
but also to every citizen in this state
to briefly consider the origin of these
courts and the power of the state in
creating them and defining their juris-
dicton.
THE statesmen who framed the fed
eral constitution were not only pro-
found students of English history, but
were deeply versed in all political his
tory and the science of the government.
In framing the federal constitution they
had in view the object of clothing the
federal government with such powers
only as were necessary to regulate
the general affairs and to serve to the
people of each state the powrs of regu-
lating their own affairs.
In the words of Justice Cooley:
In contradstincton to these gov
ernments where power is concentrat-
ed in one man, or one or more bodies
of men, whose supervision and active
control extends to all objects of gov
eminent within the territorial limits
of the state. the American system is
one of complete decentralization the
primary and vital object of which is,
the local affairs shall be managed by
local authorities, and general affairs
only by the central authority.
1t was under the control of this idea
that a national constitution was franz
ed under which the states, while yield
ing to the national government COM
plete and exclusive jurisdiction over
external affairs, conferred upon it such
powers only, in regard to internal reg