The commonwealth. (Greenwood, Miss.) 1896-1923, 1912-01-19

In this connection, | desire to call yozr
attention to the many frivolous appeals
to the Supreme Court, all of which add
to the burdens of an oyerworked court
and distract their attention from merito-
rious cases, and increase also the bur.
dens OF government, which must be
borne by law-abidiing, taX-paying people
of the State.
Relief Of Supreme Court.
Referring to the Supreme Court, it is
probably not too much to say, that it is
the hardest-worked body of men in the
State. Many plans have been suggested
and discussed whereby it is hoped that
some relief for this overburdened de-
partment can be worked out. The Legis-
lature, at its session of 1910, created
two Supreme Court Commissioners, no
doubt believing that the labors Of the
commissioners would somewhat tighten
the courts labors, and that they would
be OF great assistance to the court in
disposing OF the public business. So far
as | am able to ascertain, this Legislative
purpose has not been accomplished, and
in the nature of things it seems to me
that the restrictions which the law un-
der the constitution imposes and must
impose, upon the commissioners, leave
little to be hoped for along similar lines,
No law can be enacted comforting upon
mere commissioners the power to control
the decisions of the court in disposing of
the public business. So far as / am able
to ascertain, this legislative purpose has
not been accomplished, and in the nature
of things it seems to me that the ~restriG-
tions which the law under the Constitu-
tion imposes and must impose upon the
commissioners, leave little to be hoped
for along similar lines. No law can be
enacted comforting upon mere commits
sioners the power to control the decis.
ions of the court, and in the end their
findings and conclusions cannot be the
judgment of any court, but can have
only such weight and influence in shap-
ing the judgments OF the Supreme Court
as that court may see proper to attach
to them.
The creation of two or more Judges
of the Supreme Court is urged by some
as a solution of the problem. This can
be done only by an amendment to the
Constitution, and great delay must en-
sue if such a course is adopted, and, be
sides, it is very doubtful whether the
people can be induced to take sufficient
interest in such amendment to secure
intelligent discussion and full considera-
ton of this important question, espe-
cially at the election of Congressman,
where State issues are not paramount.
1t is not clear how five or even seven
judges can greatly facilitate the trans
action of the courts business. 1t is in
sisted, however, that the court should
be increased, because there should be
more than three men to pass upon the
great questions coming before the court
Of last resort. This argument has much
admitted force, but to my way of think
ing it does not meet the present pressing
demand for some legislation that will
effectuaIly and legally now solve the i'm
portant question of insuring a speedy
enforcement of the law without legal or
constitutional objection, and without
undue delay.
The solution of this question of how
best to accomplish the relief Of the Su-
preme Court is of vital Importance to all
of the people and some way should be
found, and found at once, to accomplish
this end. The growing tendency to in
crease the number of offices Is to be de-
plored, and this should never be done,
unless there is some real and compelling
reason for so doing, but when the pub
lie services require, the legislative de-
partment should not hesitate to provide
for the best service, even though it in
wolves the paying Of more salaries, and
thus increasing the burdens of govern
ment. No servant of the people need
have any apprehension about the en-
dorsement of his constituents, so long as
he exercises his best judgment, unin1u-
enced by the fear that they may not al
ways see things as he does.
The act creating the Supreme Court
commissioners is of doubtful constitu-
tionality g,it has not lessened and will
not diminish the labors of the court, and
in my opinion it should be repealed.
Lawyers capable of judging have in
vestigated the constitutional question
involved in the establishment by legisla.
tive action of any intermediate court OF
appeals and advise me that there are no
difficulties in the way. With the crea-
ton of such a court much of the work
done by the Supreme Court could be
transferred to the intermediate tribu-
nal, and the constitutional court of last.
resort would then have the time and
opportunity to pass upon and carefully
prepare opinions IN cases of the greatest
Importance, while all business will have
prompt attention. There is every rea.
son to believe that the judges to COM
pose the court of appeals will be wisely
selected and from the class of lawyers
from which the Supreme Judges have
been selected.
As a further measure of relief to the
Supreme Court and one that will pre-
vent a needless congestion. of the bust
ness of the court as well as a court OF
appeals if established, it is suggested
that the prosecution of frivolous and
gambling appeals should be properly pc
nalized. Under the law as it now
stands, where the defendant appeals and
the Supreme Court affirms the action Of
the lower court, a penalty of five per
cent is added to the amount of the judg-
ment. 1t would be wise and in the in
terest Of Justice to amend the statute,
so as to increase the penalty to twenty
hVe per cent upon Inc celtilcate u the
Supreme Court that the appeal was friy-
olous. This would greatly diminish ap
peals in cases where they are taken for
delay, or to harass and annoy needy
plaintiff with the hope of enforcing con.
cessions.
Drainage and Reclamation.
The growing demand for better and
more profitable cultivation of the soil
brings us to. the consideration of the
question of drainage, There is probably
no portion of the earth where nature
has been more generous than she has
been to our State, and the time is at
hand when the investors are beginning
10 appreciate and take advantage of this
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