Imágenes de páginas
PDF
EPUB

suggested by Mr. Dickinson, is that, in putting down all the names, you would have to admit the names of negroes and such persons, and I think there should be some supervision over the matter. As a matter of course you cannot put that down in so many words; but until we get further along in the weeding out of this element, in our community we do not want our juries composed largely of that element; and, that being the case, I do not like Mr. Dickinson's suggestion. The Federal system resembles that somewhat. It has one or two commissioners to act jointly with the marshal; but Mr. Hope wants to get rid of the sheriff, and perhaps it would be as well for the judge to appoint three gentlemen to serve their twelve months. Of course his object is to get an intelligent and competent jury. If the judge were authorized to appoint three competent gentlemen to act every year in selecting, say a hundred names from each district from which to draw the venire, it seems to me that you might get a good set of men. That is something like the Federal system. I suggest to Mr. Hope that that meets his views, and takes the selection out of the hands of the county officials who have axes to grind and want to get favorites on the juries. If the judge would select intelligent gentlemen, as doubtless he would, and let that body select a hundred men from the body of the county, it seems to me that you achieve as great a reform as is possible.

M. T. Bryan.—It is impossible at this late hour to give the resolutions the attention they deserve, and it is evident from the discussion, as well as from our own observation, that no system of selecting a jury can fit every county in the State. You cannot pass a general law that will meet the requirements of every county. As I understand, the present system suits all but four or five counties in the State. We have already put ourselves on record as favoring jury reform in those counties, and it does seem unnecessary to detain the meeting longer on this point, and I move to amend the motion to concur by providing that we shall receive and file the report, and leave out any recommendation at all. I for one cannot subscribe to several recommendations made, though they show labor and intelligent consideration. It is too late, and there are too few persons here to vote upon so important a proposition, and we have already put ourselves on record. If it is desired, let the report be considered hereafter.

A member.-I think it would be desirable to have this report referred to the same committee or a special committee for a subsequent report at this meeting. That is desirable if we should have time. This is an important matter, and one that this body should pass upon, and keep passing upon, until we get some action from the Legislature. I approve Judge Estes remarks about moderation in legislation. I thought Mr. Hope's suggestion was excellent, but I have objections to it. I think it is as well to keep judges from the suspicion of political intrigue as anybody else. It is important that we should keep their skirts clear. All these things show the importance of full and mature consideration, and I do not think we should dismiss the matter by laying it on the table, but should bring it up at some subsequent time at this meeting if possible. I move to amend the gentleman's motion by referring the report to a special committee of five.

J. H. Sarage. I would like to have a little more light on the subject before I could vote on that ingenious, learned report. This question of jury has been before the world so far back that the memory of man runneth not to the contrary. It has been discussed not only at our meetings and in our State, but in every State in the Union, and not only in this country but in England, and other civilized countries I suppose. The point

I of difference here is, What kind of agency is least likely to be corrupted or influenced? Whoever you select, you will select the wrong man. Why do you not elect better magistrates? Why do you not get better jurymen? Why do you not get better instruments? If you would elect the right kind of men there would be no trouble, and in the light of friend Hope's remarks I will ask you why you people in Chattanooga do not get honest men and good magistrates?

M. M. Hope.--I do not vote in all the districts, Colonel.

J. II. Sarage.-Ilow are you going to find an agent to act better than the agents you have? The officer is of the såme material as the magistrate. Before we take action in this matter we should be assured that we are right; it might be jumping out of the frying-pan into the fire. I am willing to adopt

all sorts of improvements that I can see will better affairs; I do not see what can be done. Taking that recommendation of the committee, it is important, and does credit to the gentlemen who conceived it, but I cannot see that we can adopt it with safety. Go to the Legislature, Mr. Hope [“ Cannot do it. I am a Democrat”). I am not prepared to vote upon this question.

M. M. Hope.—Would it suit you to have the chancellor, circuit judge, and county chairman, appoint a jury commission of three from each county?

J. H. Savage.—That might suit me.
J. J. Turner.-I move that we adjourn.
The Association adjourned until 9:30 A.M., July 17.

THIRD DAY-MORNING SESSION.

The Association was called to order at 9:30 by the President.

The Secretary read the report of the Committee on Legal Education and Admission to the Bar, prepared by B. M. Estes, as follows:

REPORT OF COMMITTEE ON LEGAL EDUCATION AND ADMISSION

TO THE BAR.

To the Bar Association of Tennessee:

The Committee on “Legal Education and Admission to the Bar” respectfully report that the importance of thorough preparation for the bar, not only to the applicant for admission but also to the profession and the people, has been so frequently pressed upon this and other like associations, by gentlemen composing the Committee on Legal Education and Admission to the Bar, that further iteration or argument would seem to be quite unnecessary. This committee again recommend that such action be taken by the Association as may emphasize the great importance of full preparation by all applicants for lieen

It is believed that if the judges who grant licenses would exercise much strictness in the examination of applicants, and require a good standard of learning as a condition to licensure in every case, the evils that are now too apparent would be in a large measure remedied. Respectfully submitted,

B. M. Estes,
JAMES II. MALONE,
LUKE E. WRIGHT,
W. A. HENDERSON,
B. D. BELL.

sure.

Andrew Allison.—I move that the report be concurred in.
Carried.

The PRESIDENT.—Judge John M. Bright, of Fayetteville, will now read a biographical sketch of Felix Grundy.

Mr. Bright then read his sketch. (See Appendix.)

THE PRESIDENT.-A paper on “State Regulation of Railroads" will be read by John A. Pitts, of Nashville.

Mr. Pitts then read his paper. (See Appendix.)

John H. Savage.--I suppose the question comes up on the adoption of that report. I have to say, however, that I think not only this Association, but every lawyer in the State, and every citizen of the State, owes a debt, and a large debt, to the gentleman for the preparation of that article. It is one that comes at the right time, and in the right spirit, and will shed a great deal of light, not only to the farmers and mechanics and merchants and business men, but to many a lawyer; for I, in fighting this battle in times past, have found that many of our profession did not understand the question which has been so ably discussed by our friend who has spoken. I approve it, and if I had no other benefit from attending this meeting than the hearing of Judge Lurton's paper, and the paper of Mr. Pitts, I am repaid for coming here. I examined carefully and remember well the rise of these railroads, and particularly the history of Stephenson, whom he mentions. That man, Stephenson, must have been a very extraordinary man. He saw as with a prophet's eye that which a large class of men now either ignorantly or willfully fail to see. I beg to remind you of what Stephenson said when discussing competition, and you will see that he saw better away back yonder in the thirties than a large class of citizens can see now. Stephenson used these remarkable words, and nothing in holy writ is truer: “Where combination is possible, competition is impossible.” That to-day is as true as it was then. This simple sentence was uttered by that man while running the “Rocket.” I am glad the gentleman spoke as well as he did on this subject. From what I know now, and from what I learned when I was one of the commissioners of the State, all over the State some citizens were getting better rates than others, and some cities and towns better than others. I mention one item. The rate on flour from Louisville to Bowling Green was $1.10; to Gallatin, $1.10; but if you brought it on to Nashville it was 38 cents. They charged more than

« AnteriorContinuar »