The Birmingham age-herald., 1915-07-14

too hastily accomplished, the report frag- mentary, radical and revolutionary, and the effect. if the report is sustained by the legislature, a chaotic condition out Of which the state will strive for long period of years to extricate itself. The minority report created a sensation, for Mr. Brndley declared in effect that the legislature was too sanguine of the ability of the members of the committee to ac- oompIish in several months what the learned throughout long period of years have endeavored to accomplish. In ifs opinion, no set of men could have per formed the task allotted in the time gwen, and he urges the legislature to name commission, of which shall be members who have served as judges of courts. to sir for four years and render a report to the legislature in it's next regular and quadrennial session.
 The minority report follows:
 'To the Legislature of Alabama: As a member of the joint recess committee on the judiciary cannot concur in the re- port of the majority. This conclusion has been reached after the most deliberate consideration, and is dictated oy ooin my Judgment and my conscience. l regret the necessity of this course, but the con- elusions of the majority are so contrary tc my views, and the effect of enacting into law the numerous bills they reeom- mend would be disastrous to our ju- dicial system that l cannot act other wise.
 The conclusions of the majority are expressed in a multitude of bills which will be introduced in the legislature with the recommendation that they be passed. small number only have my approval and those 1 shall support By far the greater number of the bills recommended by the majority have been too hastily pre- pared and too poorly drawn. Too many Of them are mere fragmentary efforts to remedy defects which are theoretical rather than real, and which are incident to any judicial system Some of them are revolutionary, and if they should be adopted, our judicial system will be thrown into chaos. Such revolutionary changes can, and frequently should, be made. But unless they are made as rart of a complete and uniform system which has been carefully and seientifical- and bar who are possessed of both ripe experience and mature judgment, their failure is enevitable.
 Abolish Chancery Court The majority recommends that the chancery court, together with the vari- ous law and equity courts whether known city courts or county courts, be abolished or consolidated into the cir cult court of the respective counties 1 wherever existing, leaving the circuit court with both law and equity jurisdic- tien as the only nsi prius court in the several counties of the state. This plan is plausible and if it had been care fully and scientifically worked out as a part of complete and uniform judicial system, with sufficient machinery to in sure smooth working in all its depart ments, 1t would be a consummation de- voutly to be wished. But such system can be worked out only after the most | careful and deliberate study by men who are familiar with all the details of our present system, who realize it's defects and appreciate it's excellent features. And 1 it appears to me that any plan for the consolidation of the courts should be presented in one comprehensive bill, as was so admirably accomplished in the federal judicial code. But if more bills than one should be deemed best. then 1 they should be as few as possible, and | in every respect consistent and harmoni- 1 ous. Yet the majority of the committed l present a number of bills each of which | in effect provides a consolidation of the courts, and no one of which pursues any | definite scheme.
 ''rhen there is another bill the title 1 of which is To further regulate and au- | thorize the making of equitable defenses | and granting relief in actions at law
 
 tions, restraining orders and other such relief by courts of law
 T cannot give my indorsement to such | a measure. It abolishes in part the dis | tinction between a court of equity and 2 court of law. and authorizes law court. | to entertain equitable aefenses to a linn | ited extent. If a law court is to enter tain equitable defenses to limited ex- tent, then there is reason why il ! should not entertain all equitable rights whether by way of defense or for cross relief. If the two bills above referred to should be enacted into law, the result will be that a jury must be charged or equitable principles and must render a verdict which passes on equitable rights My observation and experience convince me that such change would be danger ous. for equitable rights would usually suffer by the haphazard decisions whiel too frequently occur in rapid jury trials | Recommend Another Bill "The majority has recommended an other bills, the title of which is: TO fur ther regulate practice and proceedings | in the disposition of cases improperly | brought as suits in equity or as suits al law or in the improper court and tc | prescribe the manner of disposition ol ! the suits so brought
 l "l cannot give my approval to such a measure. I am unable to understand their field of operation when considered in connection with the conflicting pro visions of the two other bills relating to equitable defenses which 1 have quoted, and it would require the pro verbal Philadelphia lawyer to harmon ize the provisions of the three bills. | "The majority has also recommended ] q bill to amend section 3115 of the code which is too lengthy to quote, but it is | an incomplete and fragmentary effort tc oodify equity pleading of defenses. II is unscientific because it is not part ot a carefully studied and complete sys- tenn. and it is dangerous insofar as il | is fragmentary and unscientific. | "If the four bills to which l have | referred should be enacted into law
 they alone are sufficient to throw oui whole system of pleading into chaos and the result would be confusion worse | confounded They are so uncertain | awkward and fragmentary that the. would be ludicrous if they were not tragical.
 Another Bill
 "Another bill prodvides that the plain | tiff in any suit at law may state the