Greene County herald. (Leakesville, Miss.) 1898-current, 1912-01-19

| 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 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 control
| 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 restrlc-
| tons which the law under the Constitu-
| 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 commls-
sioners the power to control the decls-
| 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 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-
| ciaIly 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
effectually and legally now solve the inn
| portant question of insuring speedy
enforcement of the law without legal or
constitutional objection, and without
| unuue QeIdy.
The solution of this question of how
best to accomplish the relief of the Sur
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, uninhu-
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
i'll 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 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 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 affrlns the action of
the lower court, penalty of five per
cent is added to the amount of the iudg-
ment. It would be wise and in the in
terest of justice to amend the statute,
SO as to increase the penalty to twenty
five per cent upon the certificate of the
Supreme Court that the appeal was friv-
olous. This would greatly diminish APP
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. Taere 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
to appreciate and take advantage of this
fact. The value of agricultural lands
has been steadily increasing all over the
United States for the past decade, and
prices are now readily obtained which,
few wears 400. would have been nro-