Page:The Green Bag (1889–1914), Volume 05.pdf/312

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

The Supreme Court of Tennessee.

283

defeated. His four colleagues were aged, respectively, forty-two, forty-one, thirty-seven, and thirty-five. They were elected under the pledge to Any history of the Supreme Court of Tennessee would be incomplete without clean up the docket. They set about their reference to the results achieved by the work intelligently. They adopted a strict judges who have sat on the bench since set of rules regarding assignments of errors 1886. The amount of work they have done and briefs. They were fortunate in having and are doing has been approached by no Chief-Justice Turney as a presiding officer. They increased the time of hearing cases court of last resort in the United States. The four years' interruption of the court to five and one-half hours a day. Then, by the war caused a large accumulation of aided by a perfect harmony between the business. The numberless suits growing judges, the individual members of the court out of the war, and the changed conditions began months and years of sustained work it brought about, continued to swell the such as but few men have been subjected to. accumulation. The three judges sitting in No man or set of men ever toiled more faith reconstruction times worked faithfully and fully than did these judges. They disposed conscientiously, but they were not able to of eighteen hundred and twenty-two cases keep down even the current business. In during their first year, and cleared the arrears 1870 six judges were chosen, and they sat of the docket in East and West Tennessee. in two sections; but they proved unequal Another term was required to bring up the to the task. Other expedients were resorted docket in Middle Tennessee; but at the to. Arbitration courts, composed of men of December Term, 1887, every case then on unusual ability, were appointed. In 1883 the docket for that division was disposed of. Commissions of Referees in the three grand During that year a total of fourteen hundred divisions were provided for; but still it re and seventeen cases was tried. The court quired sometimes three and four years to continues to dispose of twelve hundred cases have an appeal heard. The condition became annually, — thrice the average of the Su intolerable to the lawyers of the State. As preme Courts of other States. the general election of 1886 approached, the Only the self-sacrifice of these men, who dissatisfaction increased. The cry of "a have borne cheerfully this great burden, has clean sweep " rose. Four of the five made good the constitutional guaranty found judges were candidates for re-election. in the Bill of Rights: — Three of the four were beaten. Judge "That all courts shall be open, and every man. Turney alone was re-elected. Judges Cooper, for an injury done him in his lands, goods, person, Freeman, and Cooke were all defeated. Along or reputation, shall have remedy by due course with them, every candidate past forty-five of law, and right and justice administered without years of age, except Judge Turney, was sale, denial, or delay." popularity, the wealth or the poverty, of a litigant.