The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1912-01-19
GOVERNOR BREWERS
INAUGURAL ADDRESS

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 TAR
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 I'M
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 contro!
the decisions of the court in disposing OF
the public business. So far as l am able
to ascertain, this legislative purpose has
not been accomplished, and in the nature
of things it seems to me that the restric-
tions which the law under the Constltu-
ton imposes and must impose upon the
commissioners, leave little to be hoped
for along similar lines. No law can be
enacted comforting upon mere commis-
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, hut 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 considcra-
ton of this important question, espe-
cially at the election of Congressmen,
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 rot meet the present pressing
demand for some legislation that will
effectually 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 SUI
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, uninflu
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; 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
v~estigated the constitutional question
involved in the establishment by legisla
tive action of any intermediate court o
appeals and advise me that there are NJ
difficulties in the way. With the crea
ton of such a court much of the worl
done by the Supreme Court could b
transferred to the intermediate tribu
,oI a,J +hn o~-t;t,{,1,o aa,,r+ sc los
resort would then have the time an
opportunity to pass upon and CAREFUL.
prepare opinions In cases of the creates
Importance, while all business will hav
prompt attention. There is every rea
son to believe that the judges to con
. pose the court OF appeals will be wisel
selected and from the class of lawyer
: from which the Supreme Judges hav
been selected.
s As a further measure of relief to til
. Supreme Court and one that will pr
vent a needless congestion of the bus
6 ness of the court as well as a court c
appeals if established, it is suggeste
4 that the prosecution of frivolous an
gambling appeals should be properly p
n nalized. Under the law as it no
stands, where the defendant appeals an
the Supreme Court affirms the action
|. the lower court, a penalty of five pr
4 cent is added to the amount of the jud
Il ment. 1t would be wise and in the i
o tercst of justice to amend the statut
so as to increase the penalty to twent
t five per cent upon the certificate of Il
! Supreme Court that the appeal was fri
olous. This would greatly diminish a
,e peals in cases where they are taken f
n delay, or to harass and annoy neet
plaintiff with the hope of enforcing co
cessions.
" Drainage and Reclamation.
ID The growing demand for better al
more profitabl cultivation OF the 81
brings us to the consideration of t
question of drainage. There is probab
,e no portion of the earth where natu
has been more generous than she h
is been to our State, and the time is
Id hand when the investors are beginni,
to appreciate and take advantage of IL
N fact. The value of agricultural Ian
lie has been steadily increasing all over t
be United States for the past decade, a
prices are now readily obtained which,
few years ago, would have been pl
re nounced fabulous. One of the most
III vious reasons whv orr neonla haya :,