Newspaper Page Text
leyNTINUKD KUOM THIHD PAOK.
;It ttiero wa? a subsUntial equivalency
vf requirement for local governmental
sacfioe. Now there is no such equlra
IVjacy and differentiation has become an
aJsnotutaly essential government prin
;pli. That a city like Memphis or Nash--!!,
or those of like importance, should
h subjected to an antiquated contriv
jt.c like our county courts is monstrous
wUn wo come to think ot it, and the
tUmtt tuightcome when revolution would
h a just remedy, if there were no other
Co be rid of such a burlesque upon mu
taictpal Agencies. It might be bettor to
25 a "free city." Every dollar paid by
citizen of Memphis to county taxation
is a a extortion and tribute to an ex
chequer controlled by other people than
-Iba urban population. It wo should con
ftributo to tho buildinjrof adjacent roads
outiato the country let the proper pro
portion be fixed and paid by appropriate
la. The county should not contribute
& our criminal costs or like expenses,
tnoe wo to theirs; we should have city
prisons, they county prisons; we city
courts, they county courts; and so on to
the end. Or at least wo should have the
power at Nashville to regulate bylaw
ttli tucso details according to our condi
tions, and thoro should be no so-called
, constitutional hindrances in all the vast
domain of local administration to each
locality, according to its wants.
. We want a constitutional convention
tostuath tho shackles of so-callod con
stitutional restrictions upon the su
premacy of the people in their rocurring
General Assemblies more than we want
It for any other purpose. We want to
gt away from the fads of conceited
vaeix who think they can govern by
"Vwaiilitutional law" bettor than tho
earning people can govern by "statute
law. Our constitutions have bocorae
buge statutes that are inconvenient,
cumbrous, oppressive and often little
lest than ludicrous in their operation
bcciuso "the wisdom of our fathers"
fiao become demonstrated ignorance to
tho wiser sons who know ot things the
fathers never knew, as well as in the
acieace of government as in other
ihiS. An irrepoalable bill of rights
I about all wo actually need in the way
of a constitution and to that furnished
us by our ancestors we have added
(scarcely anything of value.
Connecticut got along for nearly fifty
jcars after the Declaration of Independ
ence without any constitution other
tbaa Its charter from King Charlss II.,
aal a bill of rights expressed in less
ttian two hundred words.
- If we rcvorse the idea of dovising new
fangled constitutional restrictions and
Eit about lopping off most that modern
. cranks have imposod upon us there
might be some improvement in our
legislative activities. Responsibility
to a now existing or then present public
pinion is all we .can got last out of
government, and the host we noed to
get. Mistakes can be corrected and
triso laws be perpetuated only by that
public opinion. Let us have a consti
tutional convention to rid ourselves of
too much constitution, and if wo keep
- tbe cranks and reformors who have no
confidence in popular government out of
the convention wo neod not fear the re
sult. If we start with an understanding
that wo are to have as littlo constitution
and as much froedora of action for tho
pople as possible the fear that "tho
convention will do somo fool thing" will
'be reduced to the minimum. As it is
now, tho "shipct state" called "Tonnes
awws" cuts the most pitiable figure of the
whole fleet that floats upon the seas of
constitutional navigation. Wo ought
to put her into tbe dry docks to clean
tho foul bottom, if nothing else.
E S. Hammond.
.March 3, 1897.
'JTKJiJiESSKK'S JUDICIAL SYSTEM.
Comparison! With State That Have
Adopted (he Ileformed I'rocedure.
Ip compliance with a request from
Tho News for a brief article on the
-question as to whether or not tho judi
cial system of Tennessee should be re
formed, and it so, whether such reform
can be accomplished without a change
X tho State constitution, I would say:
Section 1 of Article 9 ot the present
constitution provides that tho "judicial
jiower ot this State shall be vested in
ne superior court, and in such circuit,
chancery and other inferior courts as
tbe legislature shall, from time to time,
ordain and establish," etc.
Section 9 of the same article provides
tbat the Supreme Court shall consist of
five judges, and that "said court shall
txs held at Knoxville, Nashville and
Jaehson." Section 3 prescribes tho
anaaner of electing "judges ot the Su
premo Court," and section 4 the manner
f electing "the judges of the Circuit
aad Chancery Courts," etc
These sections, according to the hold
ing of the Supremo Court (3 Loa 310)
xaet the preservation of the system of
Circuit and Chancery Courts and prevent
that wise and economical adoption of
t&e reformed procedure and blending ot
the courts of law and equity which has
taken place in thirty-eight Statos ot the
Nflw York adopted the reformed code
of civil procoduro and abolished the sep
exxto courts of law and equity in 18-19,
&ci since tbat time every State in the
Union seems to have followed suit ex
orpt tho States of Alabama, Mississippi,
New Jersey, Tennessee and Vermont,
mad some of these may have lately aone
Tennessee must stick to the anti
quated and cumbersome systom until
abs can change her constitution. As
ru.tt vco havo about twice as many
judges and clerks as are really nuces
sary. The poople pay heavily in the
aizwc19 and tho individual judges are
The number of regular judges on the
jy roll in Tennessee with the aaiouRts
of their salaries for the current yoar,
shows up as follows :
' No. of
Courts. . Juki's,
Chancery Appeals 3
Thus tho salaries of the regular judges
and chancollors aggregate $123,000 per
annum, and each succeeding legislature
seems disposed to add to the number of
judges. The General Assembly of 1895
created five new judges, three for the
Court of Chancery Appeals, one for the
new Criminal Court for the Eleventh
Judicial Circuit and one for tho Second
Circuit Court of Davidson county.
Tho fact that there should be a re
form of our judicial system and a reduc
tion ot tho number ot judges most
clearly appears from a comparison with
tho adjoining States of Georgia and
North Carolina, both ot which have
adopted the reformed procedure and
abolished the distinction between courts
of law and equity.
In Georgia the regular judicial salary
list shows up as follows: '
No ot Salaries
Judges. Each. Total.
3 $3,000 $ 9,000
....23 2,000 46,000
Tho Superior Courts of Georgia prao
tically combine the jurisdiction which
is divided between, the Circuit and
Chancery Courts in Tonnessoo.
There are no separate courts of equity
in North Carolina, and as a result the
salary list is as follows : '
The population of tbe three States of
Tcnnessoe, Georgia and North Carolina
is practically the samo in number, char
acter and situation, and there is no rea
son why there should be more litigation
in Tennesseo than in the other two,
The comparative population (federal
census of 1830) and aggregate annually
paid to tbe judges in each of tbe three
States will more clearly appear from
North Carolina. 1,617,017
Georgia, with a larger population and
more wealth than Tennessee, pays
$08,000 a year less in tho way of judicial
salarios, while North Carolina, with i
littlo less population, pays 570,250 less,
Yea, it our figures and information are
correct, the unfortunate taxpayers of
Tennessee, under tbe separate law and
equity system, are forced every year to
pay judicial salaries exceeding tbe com
bined amount? paid for the same pur
pose by the people of both the States of
Georgia and North Carolina, by the neat
sum of $21,250, an amount nearly equal
the alleged expense ot the constitutional
convention of 1870.
A constitutional change abolishing
tbe Separate courts ot law and equity
would not only save about $150,000 per
annum in judicial salaries under proper
legislation, but it would relievo the
people from tbe burdon of supporting
one extra clerk in each of the ninety
six counties, an there would be no need
for both a clerk and master and Circui
Court clerk, for the court which would
combine tho jurisdiction now separately
exercised by the Circuit and Chancery
In fact tho clerk of the Superior Cour
in each county in UeorgU, being ex-
officio register of deeds, performs and
combines in bimself, under the re
formed procedure, the functions of three
of the most expensive and important
county offices in Tennessee- viz: chan
eery clerk, circuit clerk and county reg
There is a difference of opinion as to
Whether the new court of Chancery
Appeals, which has fastened an addi
tional burden of $10,500 per annum on
the shoulders of the taxpayers, is a
necessity, even under the present re
gime, and certainly it would not be
necessary under a new constitution
which would fix the sittings of the Su
preme Court at one place, and allow the
establishment ot a modern, improved
and simplified system of courts and
court procedure. It seems to be the
general opinion of our best informed
1. That the Supreme Court should sit
at tho capital only.
3. That the county court, which is
enormously expensive and cumbersome,
and which is fixed in the constitution,
should be abolished.
3. That separate courts of law and
chancery should be blended into one.
None of these things can be done
without a new or amended constitution,
and they are all ot 'great and increasing
importance. With a judicial salary list
amounting to $123,000 yearly, which is
being biennially increased by nearly
every legislature, and which is moro
than double the amount paid for the
same purpose by our adjacent state of
greater wealth and population, it is cer
tainly high time to take steps in the di
rection of constitutional and radical re
form in our Judicial system.
It the government of Tennessee is to
be hereafter administered in the inter
est of the people who pay the taxes and
bear the burdens of government, then a
new' constitution is greatly needed. If,
on the other band, tho state govern
ment is to be continued for tbe sole and
peculiar benefit of those who consume
the taxrs and thrive and fatten at the
public crib, then indeed may the situa
tion under the existing state charter,
be considered highly and completely
J satisfactory. Jons il. CaxihEU.
ViEWS OF CONGRESSMEN.
The Hope of the State l ies In a Now Con
Washington, Jan. 10, 1S97. (Special.)
Too much weight can hardly bo given
to what Senator ltato has to say. He is
the only member of tho delegation who
has boen governor since the adoption of
the present constitution and, constantly
conscientious as be has always been, bis
study and experience as chief executive
during two tortus have impressed doeply
upon him the defects of the present fun
damental law. When soon by me Sena
tor Bate said in response to my request
tor an expression.
The MerouUr Great.
"That there is necessity for changes
in the constitution of Tennesseo there
can bono question. The present one was
adopted when we wore just from under
military rule, with its influence yetupon
us, and it fell short in many instances
of what our constitution should be. As
to tbe time when a new constitution
should be presented and voted upon is a
matter of which the representatives in
the legislature, fresh from the people,
are the better judges, but in answer to
your categorical question 1 say I am in
favor of a new constitution in Tennes
see." Senator Harris spoko as follows: '
"Without going into details of dis
cussion, I will say generally tbat I favor
tbe calling of a convention looking to
the correction of certain defects in the
State constitution which prevent tbe
present instrument from responding
most wisely to present conditions.
Here is what Hon. W. C. Anderson
(Rep.) of the First district wrote:
"To give one's reason for favoring a
constitutional convention would require
much time and space, so l will abbre
viate by saying I favor it for many rea
sons, l recognize in tni3 question only
the general welfare of tbe State, and do
not look upon it from a partisan or poll
When Congressman Tattorson, of the
Tenth, was approached, he dictatod the
"I have for some years past favored a
constitutional convention. Tbe present
constitution is practically as old as the
State. In view ot the geography of the
State, there was Some reason for hold
ing the supreme court in each grand
division of the State, but now, with ex
isting means ot transportation, the su
premo court ought to hold its sessions
at tho capital and the attornoy-general
ought to reside at tbe capital, as the law
officer of the State government. Further
more, I believe the constitution ought
to be so amended as to give more en
couragement to the development of the
State. It is absurd to tax both tbe cap
ital stock and property of manufactur
ing companies. Requirements such as
this drive capital and enterprise from
the State. Thero aro many other rea
sons for a constitutional convention
which might be suggested bad I more
lion. James U. xtlchardson gavo me
the following: ' ! : j
"1 havo read the dispatch of Col. Cox,
expressing himself upon tbe wisdom of
making some changes in tbe Tennessee
constitution, and will say that' I concur
in what be has said."
Here is an expression from Congress'
man Cox of tho Seventh:
"I think our State constitution is
very defective and it should be cor
rectcd. It was adopted in what was
practically war timos, and does not re
8 pond to present conditions. I think it
very seriously defective." v
Hon. J. V. McUearmon banded me
"I am in favor of a constitutional con
vention in Tennessee. Tbe constitution
of 1870 was aiopted only a fow years
after the close of the lato war between
tho States, and undercircumstances and
conditions not propitious for that
though ful deliberation and considcra
tion necessary for tho construction of
the constitution of a great State like
Tennessee. But tho convention was
composed of many of tbe ablest and
most patriotic men of the State, and
their handiwork will be an enduring
monument to their exalted intelligence
and broad statesmanship. The const!
tutlon has most admirably served its
day and generation, but since its rati tl
cation marvelous progress has been
made in every department of civiliza
tion; wonderful inventions have wrought
great changes in tbe arts and sciences
and in habits and customs of our people,
Our population has been greatly in
creased and our aggregate wealth iin
mensely augmented since 1S70, and my
judgment is that the time has arrived
when that ancient but honorable aocu
ment should bo revised and changed so
as to conform to the new era which has
dawned upon our country since it was
"I also think that the present is an
auspicious time for the selection of del
egates to a convention and for the con
sideration of a now constitution. We
have just passed through an unusually
exciting political campaign, and tho
minds of the people are comparatively
free from rancorous partisan prejudices,
The reign of political demagogues has
at loast for a time, passed away. Intel
ligence and true worth .are largely in
tbe ascendant as tbe controlling innu
ence in political parties, and I believo
tbat if a constitutional convention is
provided for its membership will em
brace our most intelligent and patriotic
men, and that tuey will submit aeon
stitution for ratlncation of the peopl
which will represent tho best thought
of tbe age und will be acceptable to all
progressive and patriotic citizens, re
gardless of party affiliations or political
lion, fc V. tarmacs:, now congress'
man from tbe Tenth District, unde
date of April 13, says:
State constitutions are intended prl
marlly to restrict tbe law-making power,
and to tbat extent tuey limit the righ
of 8elf-ffovprnmont. Such restriction
should be from and of a broad, perm a
nent and fundamental character. Tho
chief cause of complaint against ou
present constitution is that it forbid
tbe peoplo to mako many laws aeces
sary to tneir welfaro. loose favorin
a new constitution do not seek to em
body therein any particular svstcm, bu
only to remove certain existing restric
tions and tbi-r.by give the people larger
liberty of legislation if they choose to
exercise it. 1 ue new const. tutiou wm
impose no new laws on the people; it
will simply give them more power t
tiKiKe law. It will extend the right of
self-government. I believo many of tho
restrictions of the present constitution
&re out of harmony with the industrial
and commercial conditions of the time,
Therefore I favor a new cocstitution.
& Rand Co.
Manufacturers and Jotbsrs of
I Want to Care Every Case of
Catarrh and Ulceration 01
Throat in this Country.
I GUARANTEE that "Gill's
Certain Catarrh Cure" will cure
every case of Catarrh in exist
ence. Price $1.00 per Bottle.
I GUARANTEE that "Gill's
Certain Cure for Ulceration and
Inflammation of the Throat"
will never fail. Price 50 cents
If you will use these remedies according to
my directions and are not CURED your money
wilt be refunded. This Is a buslntss-llka propo
sition, and If you are suffering with either of the
above-named diseases you sbould call or write
tit once. L. E. OII.L, Memphis, Tenn.
Room 67 Equitable Building.
Imerican and European Plan.
First-Class but Moderate In Rates.
A. S. BARB0R0 & CO.
354 flaln Street, Memphis, Tenn
J. P. JORDAN
WHOLESALE AND RETAIL
TT H E
1G0 Adams Street,
and 229 Second Street
. Memphis, Tenn.
STRONGEST LIFE COMPANY IN THE WORLD
OF THE UNITED STATES
JANUARY 1, 1897.
Reserve on all existing policies (cal
culate on a 4 rwr cent, standard)
and M other liabilities I1T3.10C7C3
Undivided surplus, on a 4 per cent.
Outstanding assurance 91MCS.070
New Assurance written '. 127,m,0S4
Amount declined 1,C7,4C7
Instalment policies stated at their commuted
KTCHAr.D P. LAKE,
Man;i::T Mi'l,-!rpl xnd Wet Tennessee.
Geueral oflice tiuiuiile llitlg, MempUis, lena.
Ma! si P
JOHN MANOGUE. President.
P. PIDGE0N, Sesretary.
Iron and Steel Racftag,
Iron, Steel. Spike, Wnher,
ICIveta, llabblt, Lead, topper,
228-229 Second Street, : MEAiPHIS, TENN
Manufacturers ol the Cclebralsd
A Full Variety of Both Heating and
BEST IN THE SOUTH.
ESTABLISHED 58 YEARS.
Trunks and Trawling Bags.
Sample Trunks and Cases a Specialty.
366 Main Street Memphis, Tenn.
J. N. FALLS, Pres. JOHN S. TOOF, Sec'y
FALLS GROCERY CO
276 Front St., : Memphis, Tenn.
316 Main St., : Memphis, Tenn.
(A Sped Ac)
Curat Wher Other Fail I !'
With Box of Liver Fills 50 ots.
..FOR SALE BY ALL DRUdaiSTS..
W.N. WILKERSON & CO.
WILLIAMS & CO.
S. B. ANDERSON,
Sec'y and Treas.
C. J. TL'LLY,
Mad Wis h
Baskets, Packing Boxes and
Memphis. : : : Tennessee
la U ma
Cider and Vinegar
Can supply you with any
grade of Vinegar or Cider,
from the cheapest to the
best. Try the DEACON
BROWN Vinegar and tho
ACME brand of Cider.
230 and 232 Second St.
32 Union Street
.E. CARTER M
324 FRONT STREET, ;
Memphis - Tenn.
Cochran Lumucr Co.
Cottonwood Lumber and
MEMPHIS - - - - TENNESSEE.
Barnes & Miller,
and Mill Supplies,
400 Main St. Memphis, Tenn.
W. H. RILEY,
WHOLESALE and RETAIL
MAIL ORDERS SOLICITED.
228 Main Street, - Memphis, Tena,
Moss Rose Cafe
The Only Popular Priced
Restaurant in the City.
- - Tenn.