Saturday, 1st November 1913: Judge Hill Discusses Appellate Court Work, The Atlanta Journal

Writes

Letter Thanking Gov.

Slaton for Appointment to

New Bench

Judge Benjamin Harvey Hill, who has

resigned as chief judge of the state court of appeals to accept the appointment

of judge of the new criminal division of the Fulton county superior court,

Saturday morning wrote Governor Slaton a letter expressing his appreciation of

the appointment.

In

this letter Judge Hill takes occasion to call attention to the work which is

being done by the state court of appeals. His letter, in part, follows:

I

trust that it will not be inappropriate for me to state to you as the alter ego

of the people of the state the reasons impelling me to give up the high

judicial position to which they have no recently re-elected me, without

opposition, for a term of six years.

Briefly,

these are, less responsibility, less work, more compensation, and a closer

association with members of the Atlanta bar, to whom I am so great a debtor. To

a judge with a conscience, the ultimate decision respecting a mans liberty,

reputation and property is attended with fearful anxiety. The possibility of

error is a constant and harassing menace to peace and contentment. I do not

mean in any degree to minimize the responsibility of a judge of a trial court,

for in my opinion the office of judge of the superior court is in some respects

the most important in the state. If, however, the judge of that court errs in

his judgement, he can confidently and happily rely upon the supreme court or

the court of appeals to correct his error. Not so with a judge of a court of

last resort. His error is remediless.

The

work of the court of appeals, heavy in the beginning, has so rapidly and

greatly increased that now it taxes the physical endurance and mental ability

of the judges, and leaves no time for leisure or recreation. Since the

organization of the court, January, 1907, nearly 6,000 cases have been

determined, the opinions filling thirteen volumes. All these cases have been

decided and on Monday the court will face a clear docket.

From

data obtained from the clerks of the courts of the different number of cases

which come annually to the supreme court and the court of appeals largely

exceeds any other court of last resort in the United States.

This

is not due to any exceptionally litigious spirit on the part of the people of

Georgia, but is attributable to the fact that there is in Georgia no

restrictions whatever on the right of appeal, and any case, no matter how small

the amount involved, can be taken on a paupers affidavit to either the supreme

court or the court of appeals.

From

the same source of information, it appears that the average salary paid to the

judges of courts of last resort of the different sates of this union is $6,500

a year, and the sates of equal wealth and population with the state of Georgia

pay to the judges salaries of from $9,000 to $10,000 per annum. On leaving the

bench I venture to say this much in the hope that it may be of some service to

greatly underpaid, overworked and faithful public servants.

I

leave the court of appeals with reluctance and sadness. I have become attached

to the work of the court, and I have enjoyed and been greatly benefited by

collaboration with my able and conscientious associates.

PAGE 1, COLUMN 7

FRANKS BILL OF

EXCEPTIONS WILL

BE SIGNED TODAY

Document

Will Be Certified by

Judge Roan at 4 oClock.

Solicitor Objects to Inclusion

of Judgements Comment

ITS THE TRUTH AND ILL

SIGN IT, ANSWERS COURT

Defense Was Not Ready at

Noon-Governor

Slaton to

Swear in Judges

Roan, Hill

and Reid at 4:30 oClock

Instead of

being certified by Judge L. S. Roan by noon Saturday, the bill of exceptions

drawn by the defense of Leo M. Frank to Judge Roans order overruling the new

trial motion in behalf of Frank will be certified at 4 oclock Saturday

afternoon, and Judge Roan then will go to the capitol to file his resignation as

judge of the Stone Mountain circuit and be sworn in as judge of the court of

appeals.

It had been

expected that this matter would be dispatched b noon, but the defense was not

ready at that hour despite the hard work of a corps of stenographers on the voluminous

document. Judge Roan and Solicitor H. M. Dorsey, with Solicitor C. S. Reid, of

the Stone Mountain circuit, who will succeed Judge Roan, had been waiting in

court for some time when at 11:30 oclock Attorney L. Z. Rosser, of counsel for

Frank, appeared there with the written bill of exceptions. Mr. Rosser explained

the delay, and said that because of the rush there were a number of clerical

errors in the document. They ought to be corrected, he said, and the correction

would necessitate the rewriting of several entire pages. He asked for more

time, promising to have the bill in proper shape within two hours.

CEREMONY POSTPONED.

Judge

Roan consenting upon the condition that Governor John M. Slaton would not be

inconvenienced. The governor had made an engagement to swear in Judges B. H.

Hill, Roan and Reid at noon, with George M. Napier to be sworn in also as

solicitor of the Stone Mountain circuit. By telephone Mr. Rosser secured the

governors consent to a postponement of that ceremony, and fixed 4:30 oclock

as the new hour for it. Accordingly, Judge Roan fixed 4 oclock as the hour at

which the corrected bill of exceptions will be presented to him in his chambers

in the Thrower building. In the presence of attorneys representing the state

and the defense, he then will certify the document and will go immediately to

the governors office.

Judge

Roans remark when he denied the motion of Frank for a new trial, that he

himself was not convinced either as to the guilt or the innocence of the

convicted man, was incorporated in the bill of exceptions, and Judge Roan

signified his intention of allowing it to remain there.

I

object to that, of course, your honor, said Solicitor Dorsey, when reference

was made to this part of the matter.

Well,

its the truth that I said that, and Im going to certify to it, said Judge

Roan.

250 PAGES IN BILL.

There

are some 250 pages in the bill of exceptions. With the briefs and other

additional documents which the supreme court will consider, the Frank case

records will make perhaps the most voluminous that the high court has ever

studied.

Immediately

after Judge Roan affixes his signature to the bill of exceptions Saturday

afternoon it will be delivered to Arnold Broyles, clerk of the superior court

of Fulton county. The law makes it incumbent upon the clerk to have copies

printed of it, for the use of the superior court. The printing will be

undertaken immediately. Ten days are allowed by law for the defense to file its

bill with the supreme court after the court below has denied the motion. The

probability is that about all of that time will be required to get the Frank

case papers in shape.