« السابقةمتابعة »
nature, where the amount involved is under one thousand dollars.
2. Abolish all the circuit and chancery courts and instead create a sufficient number of district courts to expedite the hearing of all litigation not triable in county courts. Confer on the district courts jurisdiction of all criminal cases of the grade of felonies, and of all civil cases where the amount involved is one thousand dollars or over. Maintain our present distinction between law and equity cases, but apply the same method of procedure to both.
3. Abolish the present system of pleading and instead require the plaintiff or complainant to file his petition or complaint sworn to as a basis of the issuance of process. Abolish the general issue and require the defendant to answer under oath, setting forth his defenses specially. Do away with the appearance term, provide for rule days and chamber action by the court. Have no jury trials except where specially demanded, and then only upon special issues of fact set forth in the pleadings or in the demand. Abolish general verdicts of juries and require the judges to charge only upon the questions of law applicable to the issues submitted. Prohibit the practice of writing a treatise by the judge in his charge, but let the charge be simply the law of the case made up with the assistance of counsel and be given to the jury before argument. Adopt the same procedure in all civil cases both in the county and district courts. Let the majority of the jury report a verdict, unless the parties in their pleadings demand a unanimous verdict, and in that case let the concurrence of nine of the jury constitute a verdict.
4. In lieu of the present Court of Civil Appeals create a court of appeals composed of nine judges elected from the State at large to sit in three sections. Confer jurisdiction upon the Court of Appeals to all appeals—appeals going directly to that court from the county or district court to that section most convenient geographically. Allow a review by the Court of Appeals of the facts of all cases and power to reverse and remand for new trial where the great weight of the evidence is against the verdict or judgment. Let the findings of fact by the Court of Appeal be final and conclusive in all cases. The record of causes for the Court of Appeals should contain a tran
script of all the evidence just as it was given in the court below if either party requires it, but the parties should be required to file a printed or typewritten statement of the facts as he claims them to be. No certiorari shall be to the decision of the court to the Supreme Court, except in cases involving two thousand dollars in value, or involving revenue or constitutional questions.
5. Let the Supreme Court hear and determine causes only upon certiorari to the Court of Appeals and determine only the questions of law. There should be a provision requiring the Supreme Court to act upon all certioraris within some reasonable time without regard to whether they are in session at Nashville, Jackson or Knoxville. The record for the Supreme Court should consist only of the findings of fact by the Court of Appeals and such exceptions thereto as either party may see proper to submit. Such exceptions to certain specific reference to the original record where the evidence is to be found.
6. The Legislature should adopt a judicial code establishing the various courts, setting forth their jurisdiction and procedure, leaving to the judges no power to make rules except for the orderly conduct of business.
7. This Association should appoint a special committee with directions to draft such a code embodying the above suggestions or such as the sense of the Association may approve and report the same to the next meeting, to the end that the Association may adopt a full code of judicial administration and remedial procedure, one that will meet the judgment of the Association and that can be earnestly advocated before the legislature. Respectfully submitted,
L. D. Smith, Chairman.
The Vice President:—Gentlemen, you have heard the report of the Committee on Judicial Administration and Remedial Procedure. What shall be done with it?
It is moved and seconded that the report be adopted.
The Vice President:-Gentlemen, you have heard the motion that we adopt the report of the Committee, and the second to that motion. What is the pleasure of the Association with reference to this motion. I wish to say that this Association is going to stand adjourned at 4:30. It is going to be adjourned whether there is a quorum present or not. You may have about twenty minutes in which to discuss the matter. Which method do you desire to pursue do you wish to take it up as a whole, or take it up seriatim ?
Mr. Shelton :-I move that we postpone action or discussion until tomorrow morning. It seems to me this is a serious matter, and one that should not be acted on hastily.
Mr. Biggs:-I move to amend that motion to the effect that this report be printed, and mailed out immediately to the members of the association, and that action thereon be deferred until the next meeting. I do that in view of the many radical changes recommended therein, and I take it that the members of this Association can not intelligently vote thereon unless they have an opportunity to read the report and digest it.
The Vice President:—The question to be presented to the House is that the Secretary of this Association be required to order this report printed, and that a copy of it be sent out to each member of the Association, and that the further consideration of this report—and I suggest that the report of the whole committee might be carried with it.
Mr. Biggs:-I accept that amendment to my motion.
Judge Davis :-Inasmuch as we are going to have those reports printed in the proceedings, which every member will receive, I hardly see any use of having them printed specially.
The Vice President: I think the suggestions of Mr. Biggs are very appropriate for the reason that it brings the matter specifically to the attention of the Bar. If we expect them to read it after it is embodied in the report of these proceedingsthe general report sent out by the Secretary.
he sugges brings at them
The Secretary:—Judge Davis really suggested what I was going to say, and that is, the proceedings of this Association will all be printed, just as last year, and inasmuch as this Association is not over-burdened with money, it seems to me that it would be a useless expenditure of the funds of the Association to have the report printed now and mailed out, when a copy of the report will go to every member of the Association, and the report will be out within sixty days.
The Vice President:—Has the amendment been seconded! (Amendment seconded.)
It was moved and seconded that the motion to amend the resolution be laid on the table.
The Vice President:—Now, recurring to the original proposition wherein it has been moved and seconded that the Secretary be required, at his earliest convenience, to have printed copies of the report of this committee. and send them at once to the members of this Association, and further that all discussion of this matter be postponed until the next meeting, and it is suggested to me that a committee of six, composed of two from each Grand Division of the State be appointed as a special committee to consider this matter and make such report and suggestions as they deem proper at the next meeting of the association, all those in favor of the resolution make it known by saying aye.
After the vote of aye and nay, the Chair declared the motion carried.
Moved and seconded that the report be published in full in the Commercial Appeal, in this City, and that it also be sent by the Secretary to the newspapers in Nashville, Knoxville and Chattanooga.
Motion carried and Secretary so instructed.
SECOND DAY. MORNING SESSION, JUNE 26TH, 1913. President Albert W. Biggs called the Association to order and introduced the Rev. T. E. Sharpe, Pastor St. John's Methodist Church, who opened the meeting with prayer.
Dr. Sharpe:—Holy Father: Before we begin the activities of the day, we pause to worship Thee, and to remember our indebtedness to and dependance upon Thee. We give Thee thanks for Thy great love to us shown in the gift of Christ for us, and in the message He brought us from Thee, —the proffer of forgiveness to the penitent and help for every soul struggling after righteousness; especially do we thank Thee for the contribution the Legal Fraternity has made in giving us a Government by Law, and that no man rules over us in the assumption of a Divine right; but that we are freemen, and all equal in rights under the Constitution. May Thy blessing rest upon these men in all their efforts to maintain justice among men, especially in the enactment and enforcement of laws upon which Thy approval shall rest. Bless them in their deliberations and in their Association together this day. Help each of us to stand in our place and live lives that are worth while, and in the great end receive us unto Thyself, we ask in the name of Christ our Lord. Amen.
The Central Committee recommended the following for membership in this Association:
J. S. Allen, Memphis.
L. E. Guinn, Covington. It was moved and seconded that the gentlemen named be elected to membership. Motion carried and they were declared duly elected by the Chair.
The President :—It affords me very great pleasure this morning to be able to present to you as the first speaker the Dean of one of the Departments of the great University of Virginia.