The Hustler of Rome. (Rome, Ga.) 1891-1898, September 11, 1894, Image 2

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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..