Newspaper Page Text
AN IMPORTANT QUESTION
Do We Need More Judgee on Our
Supreme Court?
Farallel Columns Showing a Comparltan
Between th® Rourcei ®f Litigation
io th® supreme Court at the Time
£’* of it* Creation and Now.
At the October election the people
will vote on a proposed amendment of
the Constitution, increasing the num
ber of Supreme Court Judges from
three to five.
Is this a good thing for the people as
a whole ?
What are the facts? By them let this
question be decided. The people will
vote right if they know the facts.
The more work there is to be done,
the more workmen there should be to
do it. The more cases there are to be
decided, the more Judges there should
be to decide them.
The two great causes of litigation
are population and propriety. The fol
lowing parallel columns will show a
comparison between the causes and
sources of litigation in the Supreme
Court at the time of its creation, and
-those existing now :
In IH4O. I In 1894.
Num:, r of efuntie- Number of counties
and superior courts. 93»ml superior courts.
187.
I Increase. 47 per cent.
Number of city Number of city
courts, none.. aourts. 17.
Total courts from Total courts from
whli-.li <n-es went di-which "uses go direct
reel -upreme court, to supreme court, IM
#l. I Increase, 60 percent.
Number of judical, Number of judicial
eiroult*. 11 (circuits. 28.
increase, 110 per
(cent.
Population, exclud- Population, estlma-
Ing slave, (who couldted. 2 •00 000 (In 1890 it
not litigate) 459.559. was 1,887,000.)
Goor/a <■:)iz.ens whol Georgia citizens who
eouid litigate only could litigate
whites . ..(All ; both white and
black.
Increase in popula
tion sources of litiga
|tion, 335 per cent.
Figures showing the assessed value
wf property in 1845 are not at hand,
but the following comparison between
1855 and 1804 will aid in showing how
xnuch larger are the property sources
of litigation now than then.
In 1856. I In 1898.
r Property returned Property returned
for taxsion, ci -iud-ifor taxation, excluding
ins slaves, 8271,538.-slaves. 8452,644,907
822. I Increase, 67 per cent.
The increase in wealth and popula
tion, in conns tion with the well
known increase in variety of industrial
pursuits, means an increased variety in
litigation and a consequent increase of
the number of difficult and practically
new legal questions. Take railroad lit
igation—the kind of cases whose record
is nearly always long and difficult of
digestion. Railroad mileage in 1846 is
not known, but was very small ; but
In 1848. In 1894.
Railroad corpara- Railroad corpora
tions In Georgia, 5. ttons in Georgia, about
50.
Increase. 900 per cent.
Number of miles ofNummber of miles of
railroad in Georgia 605. railroad in Georgia
5,225.
Increase 764 per cent.
A comparison of the Ist and 90th
Volumes of Georgia Reports will show
a great increase in amount and variety
of work to be done by the same num
ber of Judges; for instance.
First Ga. Ninetieth Ga.
Number of cases. 93 Number of oases. 147.
I Increase, 58 per cent.
Criminal cases, 8. Criminal cases, 33.
Increase. 312 per
cent.
Damage suit, 8. I Damage suit o . 37.
Increase. 1.133 per
(cent.
So while the 90th Georgia hu» 58 per
cent more cases, yet the kind of eases,
criminal and damage, which require
most time and labor in reading and di
gesting records, haps increased by a
vastly greater per eent.
The following shows the number of
cases dei-ideil in the last seven years by
the Supr. te Courts of th " States known
as the Southeastern ’'■ictes —a group
selected because of their similarity to
Georgia in social and commercial con
ditions and in kinds of litigation :
West Virginia. 710. I Georgia, 3,060.
Virginia. I 036. VVaiuu 18 about 240
South i arolina. 1.342. (per cent more than the
North Carolina. 2,199. (average of the other
Avera." by each,four states.
court .:i these four;
states 1 322.
But the vastly greater amount of
work thus imposed upon each Georgia
Judge is shown from the fact that West
Virginia Supreme Court comprises four
Judges; Virginia five Judges; North
Carolina, live Judges. Therefore, the
*verage number erf cases decided by
•ach Supreme Court Judge in these
States, omittihg fractions, is as fj’-
lows:
West Virginia, 177.
Virginia. 207.
North C’aro ,i n». 439 Georgia, 1,0'6.
South Carolina, 44.
Average for each Judge Average for each Gear
in these four States.) gia Judge, 1.016 :
317 Which is 322 per
cent, more than
av<rage for each
v Judge in the other
I four States.
Everybody knows the importance of
an opinion in eaeh Supreme Court case,
giving the reasons on which the ease is
decided. These opinions should be
•written slowly and carefully, lest they
be imperfect and by their imperfections
and uncertainties produce more litiga
tion. With so few Judges to write so
many opinions, the Court is obliged in
most cases at present, to simply decide
a case by head notes, without giving
opinions The consequent injury to
the particular litigant is comparatively
trifling, lint the injury done the pub
lic by the uncertainty of the law,
caused by crude or hurried decisions
without opinions, is incalculable.
Not only does the Court hear argu
ment in each case, but they meet for
consultation, read the records, make
up the judgments, and eaeh also sub
mits to the full court, when written,
kis opinions which are revised and cor
rected till they meet the approval of
All.
But where there are so few Judges in
to the number of is. >. it is
ipossc ’e for them to do the v.■. ■/.< as
orovghly anil well.
Comparatively little of the time of
jese Judges is spvr.t ir. he-Jrin ; .
_jent. Ry far the g:vnt>'• ’ah<r s
reading the record, tv
riding the cases. preparing head notes
and opinions, and investigating legal
authorities.
In 1877 the present Constitution was
adopted. It fixed the number of Su
preme Judges at three. But in 1877
Georgia had not two-thirds as many
people i.or two-thirds as much wealth
as now. These two things —both
sources of litigation—have nearly
doubled in this period.
Comparison of 58th volume of Geor
gia Reports, containing cases heard by
Supreme Court just before the present
Constitution was adopted, with 91st
volume, the last published, shows:
58th Volume. 91st Volume.
Criminal Cit.es, 22Crlmlnul Casos. 47
• Increase, 114 per
cent.
Railroad Cases, HKsilroad Cases. 25
I Increase, 78 per cent.
These are two kinds of cases which
generally are long and tedious, and are
samples of the greater labor required
of the court at the present. An in
crease of the number of judges at the
same average per cent would give near
ly six judges instead of three, as now
All the Northern and Western States,
except those small ones lately admitted,
have from five to nine Judges on their
Supreme Court bench. Several of them
have also intermediate courts, which
largely decrease the labors of their Su
preme Courts. But some might think
it unfair to compare Georgia with
wealthier and more populous States.
So in the following we take only South
ern States, and a few Northern States
smaller in wealth and population than
Georgia.
States having each five Supreme Court
Judges—Virginia, North Carolina, Ala
bama, Louisiana and Arkansas.
States having not less than six nor
more than nine Supreme Court Judges
each —Maryland, New Jersey, Dela
ware, Maine, New Hampshire, Ver
mont, Connecticut.
States having four Supreme Court
Judges —West Virginia.
Every one of these States has less
wealth and less population than Geor
gia—most of them a good deal loss.
The only Southern States, besides
Georgia, having only three Suprerde
Court Judges each are South Carolina,
Florida and Mississippi. But Georgia’s
Supreme Court decides as many cases
per annum at the Supreme Courts of
these three other States combined.
Two successive legislatures have by
large majorities voted in favor of in
creasing the Supreme Court from three
to five Judges. They did this after full
investigation of all the facts. The last
legislature voted almost unanimously
that way.
The increased expense is only six
thousand dollars a year. This means
an increase of taxation amounting to
one cent in three years for each citizen
in the State. In other words, it would
cost a man worth a thousand dollars
one postage stamp once in three years.
In the decrease in litigation conse
quent on better considered and more
carefully prepared decisions, the tax
payers will save a hundred times as
much, probably, as the salaries of the
two additional Judges would cost.
Some fear an unworthy man might
get on the bench.
If this is a good reason for refusing
to consent to more Judges, when they
are needed, it is equally as good a
reason for abolishing all judgships and
having no judges, for wo might get a
bad man on the bench as it is now. In
all offices we take the chances of get
ting competent men to fill them. If tfte
wrong man should chance to slip in, he
will soon show what he is and the peo
ple will see that he is left at home next
bi me.
HAM AND EGGS. *
Everybody in Rome that reads
the newspapers is familiar with the
special articles, stories and sketch
es of that gifted writer, Walton
Wellman, of the Chicago Record.
Incidentally I mentioned his name
to Mr. Harry Rawling the other
day, and he said: “Yes, I know
Wellman personally, in fact, he is
quite a good friend of mine. He is
a very peculiar man, but eminent
ly a gifted one. Probably no oth
er person in this country is as well
posted on the geography of the
United States and the major part
of Europe. And he has gained this
knowledge by pedestrian excur
sions. He will start out and walk
for months, taking it slowly and
leisurely. By this means he be
comes thoroughly conversant with
every section of the country and
gathers the material for his news
paper articles. In the last year or
so, however, he has about quit this
and is now turning his attention
to writing serial stories for the
Record. He is a wonderful man.’’
By the way, you cannot find a
more interesting Ldker on all sub
jects than this 8 one clever Harry
Raw 1 iii”. He ha« tr.iv-kd exten
sively and can tal’< entertainingly
of every thing he has sien. The
oHier day he told m° of a little
town in Virginia—'i-hepsrdstown
—where his mother was w ts born
The census of 1790 gave the place
exactly 1,500 inba Jauts The cen
sus of 1890 showed 1.51/, .lust
think of it, an increase of 17 souls
in a century ! There isn’t a man
ufacturing enterpiae of any nature
in this little 'ity, vet the people
are a;l prosperous and happy.
There are about a dozen churches.
THE HUSTLER OF ROME, TUESDAY SEPTEMBER 11 1894
T1 iw 4 I
■r FvA 1 ( erf W hB ■ nW ■
A kA B Am B A
(\ I 1 Ml® /I
I\W / /
We keep a full line of these Stoves and Ranges on hand, and guaran
tee them to be th© best and most oerfest made in the world. They
will save moi e than there cost in fuel in one year, We also have acom
ple.e stock cf everything in the house-keeping line. and. you will find
us lower than any firm in North Georgia, We arethe oldest and largest
Crockery house in North Georgia, Cali and see us if you need any
thing in our line, Wholesale or Retail.
&> SOJSTS,
236 BROAD STREET, ROME GEORGIA.
and attending worship forms al
most the entire recreation »f this
strange little city.
Speakng of writers, Rome h?
several that rank high iu the liter
ary world. Mrs. Ethel Hillyer
Harris, verae, etchings and special
articles have charmed readers all
over the country. She contibutes
to New Orleans. Atlanta, end local
papers, and frequently to the mag
azines. She has won an enviable
position in her chosen work, ami
numbers admirers m every sec
tion of the United States,
Os the younger, Authors is Miss
Cora Clark. She has not yet giv
en to the world much of the work
of her hand, but she is unmistak
ably gifted for doing stories and
dainty etchings. One of the most
exquisite little gems that was ev
er my pleasure to read appeared
in the Southern Maggazine, some
months ago, from the pen of Miss
Clark. It is to be hoped that she
will turn her attention to litera
ture and give to the public more
such delicate sketches.
Miss Clark is a beautiful, dain
ty little woman, and is very pop
ular among her friends.
Mr. Gordon Hiles, now city editoi
of the Tribune, is one up »u wiinsv
soul is set the lovely stamp of gen
ius. Before eighteen y-ars had
ever his heal, he set tue li>
erarv world agog with his beautiful
essay on the “Seven Wonders of the
N ueteentn Century.'* It is a com
mingling of purest Eig lish with rar
est gems of rhetoric and the whole is
blende 1 like seme rare old mosaic,
God has given io him such a grand
and beautiful gift, that it ia almost a
s ersd duty for him to use it for the
upaftirig of humanity
NATIONAL LEAGUE i
Result of the Game Yesterday. The
three Leaders win.
STANDING OF IHE CLUBS.
clubs Played Won. Lost P. Ct
lialti'.uore.. "I “114 78 36 .681
>tw York.. “ “116 76 40 .655
Boston.. “ “I’s 75 40 .65g
Flii'ailelphia.- “114 1 6 48 . 579
Bra. klyn,. “115 63 52 -548
Cleveland.. •’ “111 56 55 .505
Pittsburg.. “ “113 55 58 .487 |
Chicago.. “ “116 50 6 6 -431 ’
Cincinnati,, " “117 50 67 .428
St. Louis.. “ "117 47 70 .402 1
Washington.. “117 40 77 .342
L. uisville.. “116 33 83 .284
I
GAMES Y- STERDAY.
At Louisville— R-H D •
Louisville 30 11 010—6 11 5 ;
Baltimore 203 33 1 3—15 12 2. ;
At Cleveland-
Clevelando 300 1 0 00 0 0-4 9 2
New York" “ “ “ C 2 1 0 1 05 0 5—13 13 1
At Chicago
Chicago 1130 00 0 0 3—B 12 8 i
Boston.“ • u *1 5 81 1 5 5 0—25 21 6 !
(_) .iy Duo gam-i nt Cleveland to—
i-iy owing to a niieui derfctaading
i as to the conditions of the game.
Ihe gome? as scheduled at Cin
cinnati lor today were played yes- i
terday. Same thing as regards ot.
Louis.
TO THE PUBLIC IN GENERAL.
With brazen effrontery, the once passable Sells Brother’s Circus announce? an
appearance in this section of the country at what they term " re^ uce
prices,” when they are in reality just double what they get in the No
and as a matter of fact, they have exhibited everywhere else this season
at 25 cents. rtC -iTinM
-Therefore it is to WARN THE SOUTHERN PEOPLE AGAINST THIS IMPOSmurj
that this publication is made, and we propose to show up this sty e 0
double dealing in its true light. .
THE SELLS SHOW IS A25 CENT SHOW. It has exhibited throughout tn
country at 25 cents. It charges only 25 cents admission at Louisville. L
where it exhibits September 7th and Bth, and in all justice to this comnnint
it seems to be the duty of all well-meaning citizens to circulate the at
Telegraph to the Mayor of Louisville and see if this statement is not w
Read the Louisville papers. Get any Northern paper in towns w^® r !..yg
have exhibited this year, and convince yourself that SELLS BROTHERS
A LITTLE 25c SHOW which they propose to palm off on the Sou .*
People at 50 cents. Why should you pay 50 cents to see a cheap tt
show? Don’t do it; stand on your dignity and demand fair play-
A SHOW THAT HAS BEEN REDUCED to the 25 cent grade, and has exiu
everywhere else at 25 cents, has no legal or moral right to
you, and the time has come when all shows, big and little, mu> ‘ t cy
the SAME PRICES NORTH AND SOUTH as the BIG BARNUM
SHOW IS DOING. WITH NO INCREASE IN RATES FOR THE SOI
TOUR
BARNUM & BAILEY S prices are 50 cents for adults; half price for
and you will see the same complete, overwhelming, tremendous s o
has astounded all of the Northern cities, at the same price.
i Wait for tne Big Barnum & Bailey Show.
AT ROME OCTOBER, 16.
I
| " "■ 1 "" ■■■■■■—_ _ J—M—! -•----- -
xsax MANHOOD RESTOREC”XjXSn’“&
■1 If,; « cußruutved totureal! nervou»«ll«eimen,BUCli »•« Wi.ik Me.
WT £7 SSv Power, Ileailaehe. Wnkeluluesi', Lost Manbood,hn-l'.l. r uexcaJ’J’*
bSV fl Si ness,all drains and li>»»of power in Generatn e Orgui.w “t „.! U iu or st]®
V*. S 6?* I by overexertion, youlufnl errors, exces.dve Use eft"-* c ■ ll( . carried'*
A8 Ss, ulants, which lead to Infirmity, Consumption or ~lf' ' i.i,.. •«.> order
art! - >.», by malt premy ‘ gold brfl
Bw aflk ,/ri-tllveawrlUen jncrnideelornreer-tfiiM tie ■« nUk
-iructfistß. Ask for it, take no other. Write
TBvxJl A4U» ATIJUt uasiie- luplaiu wrapper. A . !re»i N E Sf.ltD « ilsrouw- r
V *-slain Roma, by JBJAi FORD DRUG CO..