The Birmingham age-herald., 1913-12-07
NECESSITY FOR THE
ABOLITION OF ONE
JUDGE DECISION is
SHOWN IN REPORT
Continued from Page rhree,

this for granted and so lessons his in
terest
70 this natural half interest in the
product of the solitary hours of another
we attribute much of conflict in tile
decision. We remember what we have
helped to mold and are apt to forget
that which We have given passive as
sent There is a difference in fighting
battle and reading about IT. Much
uncertainty comes from sheer forget
fuiness of the courts decision. If each
Justice takes spirited rather than
passive part in decisions his impress
sion of the courts attitude would linger
longer and more distinctly. The con
else opinion which would emanate from
discussion fingers longer in the mem
ory than one less connected and more
heavily laden with argument. The opin-
IONS as written under the prevailing
system are confusing, because replete
with arguments attempting to convince
which are not always consistent one
with the other and for no one of which
any special responsibility is assumed
Such opinions suggest the possibility Of
conflicts in principles and invite expert
mental litigation.
We think that this suggestion of the
Bar association would decrease the
number and length of opinions.
Opinions. and sometimes long ones
are now written only to reiterate well
settled principles. Such opinions arc
generally written for the purpose of
calling the attention to fellow Judges
and of the profession to the thorough
ness of the writer's research and the
invulnerable strength of the conclu-
sions in which he asks, his brethren to
concur. All unnecessary had the lire
of decisions been informally alluded 70
In an advanced discussion and the
case disposed of by mere reference to
Jones VS.. Smith, SO Ala, 700 in cases
there cited. An opinion emanating from
discussion should in smallest compass
announce the reasons for the decision
with limited reference to authority and
In it is no place for diversified argu-
ment. 1t need not be bulwarked as are
the advanced briefs which may or may
not become opinions. For the confer
ence would determine not only the
destination by the route to be trav-
eled.
Hungering for Opinions
"The profession in Alabama is hung
ering for opinions of the court. 1t is
wearied by travelling through many
pages of writing which are repudiated
as opinions of the court by a concur
renee limited to conclusions. Its pa
tience has been taxed by long essays
WHICH cOHcluueu| WITH announcement
such as this: The foregoing expresses
the views of the writer, other members
of the court entertaining. different
views the cause, is affirmed 1t Is hard
to learn the law from the perusal OF
laborious statements of what is ex-
pressly declared not to be the law -
"It has been said of decisions arrived
at by advanced parcelling out the rec
ords What difference can we expect
will be paid to the judgments of a
court which habitually refrains from
forming any opinion of its own as a
court and contents itself with issuing
the individual paper of each member
in turn indorsed without recourse But
worse than this, we have come in Ala
bama to where the court declines to
iEdorse either with or without recourse
1.-THE former achievements of this
great court have not been absent from
our minds. The fame and the epoch
making opinions of the Incompatible
justices who have adorned this bench
rise unbidden before our mental vision
None realize more keenly than we that
If some great disaster should sweep the
results of their labors, and the record
of their genius, from the Libraries and
minds of men, the science of jurispr',-
dence would sustain staggering blow
and the irreparable loss would be be
walled wherever the English tongue is
heard, or the common law is admin
istered. Any argument that the distin-
guished career of this court was
achieved without any such rule as tha.
which we now advocate. would be fal,
lacious. The tree flowers; and fruits