The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-07-07

will leave the court wholly free to de-
eide, in what cases opinions should be
written. All must know that too many
opinions are written in cases determ-
ined by following repeatedly reported
decisions of this court. Either of these
methods avoid the, perhaps, natural par
TALLY men feel for their product of
mind or hands: as also the necessity
of the justices deciding that what one
has written in one case should be re-
ported and what another has written
in another case is not of sufficient Inn
portance to justify Its publication. An
impartial investigation will, I think,
show that very large percentage of
any of the last, say, 80 volumns of our
reports is taken up in statements of
what has long ago become finally ac-
cepted law In my opinion, the cost to
the state of unnecessary printing and
reporter service in the publication of
opinions that merely reiterate, repeat,
accepted law, is, at least, $4,000 a year,
a sum that certainly might be spent to
better public purpose. With the reason
able reduction of the reporters work
in reporting cases, he could then have
more time than he now has for report
ing and for the supervision of the cor
rect printing of the books. both mat
ters of the gravest concern TO profess
sion and people.
ut has been suggested that this court
could not dispose of its business with
reasonable CELEBRITY II each member of
the court should be required or expected
to investigate the record or abstract
and briefs ofAcounsel In each case APP
pealed | do not think this suggestion
well founded
During the term 1911-12 there was.
am advised, submitted for decision in
In cr
for miscounts or for the falling off
of appeals during the term on account
of political distraction, etc, 1t is safe
to accept 500 submissions as the max
inum Four hundred seventy-one cases
were decided. In disposing of these
probably % per cent of them were
stated in the consultation, in addition
to the reading of the opinion, talxin g
of course. varying periods of time for
each case. If each member had been
afforded the facility TO know the case
and argument upon its question, no
story of the case nor full recital of
the arguments, pro and con of coun-
sci, would have taken that time: and
the discussion would have the sooner
come down to the debatable. controlling
questions in the record. But the sug
gested inability to dispose of the bust
ness under any other method than that
now prevailing is fully answered by
the actual figures from the Minnesota
and other courts. They have five
judges They decide 500 cases an
nually, writing opinions in ur-fifths
of them. They have printed records.
They decide the case before the opin-
ion is written. a judge being designated
to write the opinion of the court. The
Iowa court has six members. They first
decide the case and assign 1t to a judge
to write the courts opinion, as in Min
nesota. They have the abstract sys-
tenn. They decide $50 cases annually.
Pennsylvania. under like method to that
in Minnesota. decides 500 cases an
nually, having seven judges. Others
could be named In each instance the
judge writing the courts opinion sub
nlits 1t to the further considera ton of
his associates. If 1t is approved, the
opinion is ready for delivery
Surely there is higher safety and
better satisfaction in such method than
in that we now pursue. And certain
ly our judges should be able to dis
pose OF as much work as our broth
ers in other states
mot the least advantage that would
come from departure from the pres