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sion of the expanding will and growth of a liberty loving people. A tribunal devoted to questions of law in the abstract might have the tendency to become fixed and archaic.
9. As a temporary measure only we suggest the following redistribution of work between the Supreme Court and the Court of Civil Appeals: That appeals in all cases involving the title land whether in ejectment or otherwise and all cases involving the construction of deeds or wills, regardless of the amount involved, and all divorce, contempt and habeas corpus cases be taken to the Supreme Court direct, and that the judgments and decrees of the Court of Civil Appeals in all cases involving one thousand dollars or less be made final. This latter court disposes yearly of approximately one thousand cases in each of which a written opinion is filed, a practice rigidly adhered to by its members and a practice which is possible should be observed by all reviewing courts. It is apparent that the labors of this court are exceedingly heavy. The writing of these opinions augments its work thirty or forty per cent. The above suggestions will bring a measure of relief both to the Supreme Court and to the Court of Civil Appeals without any great disadvantages to litigants.
Our last but not least important suggestion is that the bar of the State make an honest endeavor to restore the word "brief" to its original meaning.
10. Whether there shall be consolidation of the circuit and chancery courts merits grave consideration. The common law (and there is included the system of equity developed alongside the common law) is the greatest system of jurisprudence in the world, at least for Anglo-Saxon peoples. It was developed in the main by separate tribunals. A forum in which the rigidness of the common law is observed and applied seems to be needed to maintain the static element of society; and there should be a tribunal in which the fluidity and progressiveness of a broadening conscience can find expression. Montesquieu, than whom there have been few greater thinkers, was of opinion that two diverse tribunals should be maintained, one for the purpose of administering the written and known law, and another for cases and conditions not covered by fixed rules. It might be that one tribunal with a law and equity side would suffice. We
make these observations for the reason that the abolition of the distinction between the courts was recommended at the last meeting. This, of course, is a matter to be deferred until a reorganization of our judiciary shall take place under a new Constitution.
Many other reforms that are much needed could be recommended, but we deem the above sufficient for the consideration of one term of a Tennessee legislature. Besides, we are impressed that numerous changes that could profitably be made in our system, especially with respect to jury trials cannot be obtained under a Constitution forty-four years of age.
That a new Constitution is needed in Tennessee or our present one radically changed with respect to details has become. generally accepted as a truism and that such a step must be taken sometime during the twentieth century cannot well be disputed. It seems to us that it is time to put to route the Logies of prohibition and anti-prohibition, of corporation and anti-corporation sentiment, of referendum and recall, and of woman suffrage as obstacles in the way of the calling of a constitutional convention. It should be assumed that there can be assembled a sufficient number of able, fairminded and courageous men in Tennessee to devise a system of government that will conserve every legitimate interest and accord special privileges to none and reject the contentions of the political fakir. Nor should it be overlooked that the framers of a Constitution can submit to the people for ratification or rejection every single governmental policy advanced by the most progressive as well as the "dryest" party in the state, the rejection of which will not in the least affect the other provisions or the great body of the instrument. It is likewise time that the officeholder was ridding himself of the obsession that his tenure of office is of so divine a right as that the sovereign people must not adopt a fundamental law howsoever badly needed which will interfere with him.
If the incoming legislature should make provision for the calling and convening of a constitutional convention, we suggest that there be passed an Act or a resolution authorizing the governor to appoint a committee of five lawyers whose duty it shall be to spend a few weeks in Washington City for the pur
pose of studying the judicial systems of the United States, and
J. A. FOWLER
Judge Wilson: I move that the report of the committee en Judicial Administration and Remedial Procedure be referred to the same committee to report at the next meeing of the Bar Association, because we have not time to separate its good suggestions from the others.
Mr. Judd: I second the motion of Judge Wilson.
President Keeble: Is there any discussion of Judge Wilson's motion. If not I will put the motion.
Judge Wilson: Permit me to say, the reason I made that motion was not that I do not appreciate the suggestions of Judge Higgins, the chairman of that committee, but we have not time to take them up and discuss them properly this afternoon.
Mr. Maddin: Now, I am going to express the hope that this committee will, as a whole committee, not as representing one or two men, take this matter up, consider it and report with a committee's report to the next Bar Association, and for my part, I think that report alone could well constitute the basis of a day's program. It will be utterly impossible for us to settle these fundamental questions in one or two hours.
Mr. Jones: I suggest that committee be requested to make their report on the first day of the next meeting. I make that as a motion.
Mr. Maddin: I would like to move in lieu of that that they make their report to the Secretary thirty days before the meeting, and that it be printed and sent out to all the members.
President Keeble: All in favor of that will let it be known. by saying aye. Carried.
Mr. Lee Douglas: I have the report of the Committee on Publication. The other two members are not present and I have not been able to confer with them, but took the liberty of making this report in their names. It reads as follows:
To the President and Members of the Bar Association of Ten
On behalf of your Committee on Publication, I beg to report that all of the proceedings and reports of the Association required to be published during the past year have been published and distributed.
I learn from the Secretary of the Association that the publication of the proceedings during the past year cost $561.20, and that the postage and expressage for distributing the proceedings aggregated $65.00, making a total expediture on items of publication, of $621.20.
The Association has each year ordered additional publications to be made so that the costs have increased proportionately; for instance, during the past year the cost was $150.00 in excess of the previous year. This increase during the past year is possibly due to the publication and distribution to each member of the Association, of a copy of the report made at the last meeting by the Committee on Judicial Administration and Remedial Procedure.
Your committee recommends that the Association restrict as far as possible its authorization for additional publications, so that the Association will have funds to continue to publish the proceedings in the very admirable form in which they are now published. Otherwise, we shall have to return to the abbreviated form of publishing the proceedings in a book bound with a paper back.
Respectfully submitted, LEE DOUGLAS, Chairman.
Secretary Smith: There is one other Committee whose report has not been submitted. That is the special committee on Judicial Administration and Remedial Procedure. The com