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The Green Bag.


pre-eminently the candidate of his party for beyond the matter in hand and to see where Governor in 1892, when it was sought to a course will ultimately lead, is the quality defeat the then incumbent, who was thought that makes a man a great statesman. It is to be in sympathy with the un-Democratic a characteristic of Judge Turney's opinions demands of the Farmers' Alliance. After that none of them is limited to a view of the most urgent solicitation, he permitted the case in hand, but regard is always had his name to be used as a candidate, and was to what follows. The best test of the various judges is a nominated and elected by a large majority. He is now serving his first term as Governor. comparison of their several opinions in the He was the best

case of Lynn v. Polk, Chief-Justice the State 8 Lea, 121; all the has ever had. The judges having deliv ered opinions in that judges who went out case, which was the of office in 1886 had most important ever each favored the adop before the Supreme tion of rules for the Court of Tennessee, more rapid disposition involving the consti of business, but the tutionality of the majority were unable Funding Act of 1881, to agree on a revision. providing for funding Those already prevail at par of a debt of ing were enforced in a desultory way. The $27,000,000. judges elected in 1886 The opinion of Judge Turney covers at their first term only eighteen pages promulgated a set of of the two hundred strict rules, toward twenty-five taken up which many of the lawyers were not well in the report of the inclined. But by his case. His vigorous tact Chief-Justice Turopinion contrasts well ney enforced these with the treatment of rules, and educated the case by the other HORACE H. LURTON. the lawyers of the judges, and illus State up to them with trates strongly his out angering a man who appeared at the bar abilities as a judge. of the court. He disdains to cite authorities to support As a judge, in the opinion of the writer, a proposition his sense of right tells him he ranks as the greatest of all the great line ought to be the law. He disregards every that began with White. He is a big man in thing that partakes of a technicality, and every way, and in his big brain is a mental plants every decision on the broad ground force of extraordinary power. A thing he of justice. He delivered a characteristic strikes with the trip-hammer of his common- opinion in the case of Butler v. Kinzie, 90 sense must be true metal, or it will break. Tenn. 31, where he held that when a pro He has a wide perception, and on the pre confessa had been taken against one joint sentation of a case to him he can almost defendant, a successful joint defence inter intuitively divide the true from the false. posed by the other defendant would inure This breadth of vision, that enables one to look to the benefit of both, and defeat the whole