Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-06

are divided INTO mOIC thah O'e
some of which Districts there is oot Di'.lc.
Court with Circuit Court jurisdiction; SO ina.
i, canpot be said, that the system mas o'eh a
any time entirely uniform. Sc
So much, Mr.. Chairman, Tor the history Vi
our Legislation on the Judicial Department
am not aware, MIR. Chairman, thai there Is
any public complaint Of the operation OF Tue
nresent system, so far as 1t apphes 10 .he AZ
lantic States. So far as know, justice mas
been administered efficiently, promptly, ana
satisfactorily. in all those circuits. Inc 1uus
es. perhaps, have good deal OF employment
hut they have been able to go through their ar
duous duties in such manner as TO leave no
cause of complaint, as far as am informed
For nv own part am not sanguiDe enough %
exnect. as far as those circuits are concerned,
,ba, any improvement can be made In my
o,;n;on. none is needed But it is not SO IN
the Western States. Here exists great detl-
cheney The country has outgrown the system
This is no mans fault-nor does it impnte want
of usual foresight to amy one. 1t would nave
! seemed chimerical in the trainers OF the law OF
1889, il they had struck out plan which shou'a
have been adequate 10 the exigencles OF 'he
country, as it actually exists in 1926. FROM
neriod as far back as the close OF the late war,
The people of the West have applied to Con-
press on the subject Of the Courts. NO ses'
Sion of Congress has passed without an attempt,
in one or the other House, 10 produce some
change: and although various projects have
been presented, the inherent difficulties OF the
subject have prevented any efficient action OF
the Legislature. will state, shortly, Sir, and
as nearly as remember, what has been al dill
ferent times proposed.
In the first place, it has been proposed to
rccur to the system Of Circuit Courts, upon The
principle, although not exactly after the model,
of the act of February, 1901. A bill OF TINS
character passed the Senate in 1919, dividing
the country into nine Circuits, and providing
for the appointment Of one Circuit Judge to
each Circuit, who, with the District Judge OF
the District, should constitute the Circuit
Court. 1t also provided, that the Supreme
Court, as vacancies should occur, should be
reduced 70 five members. This bill, believe,
was not acted upon in this House.-Again 1t
| has been proposed TO constitute Circuit Courts
bv the union of the District Judges in the Cir
cult. Ii has been proposed, also, TO extend the
existing system somewhat in conformity TO the
object of the present bill, by adding to the
number of the Judges in the Supreme Court
| And different arrangement still has been pre-
sented, which contemplales the appointment
OF Circuit Judges for some districts, and the
continued performance OF circuit duties by the
Supreme Judges in others, with such legal
provision as shall not attach the Judges OF the
Supreme Court, in the performance OF their
circuit duties, unequally TO any part oil the
country, but allow them to be distributed equal
" and fairly over the whole This system,
though somewhat complex, and perhaps liable
to be misunderstood, is, confess, what APP
pears 10 me best of all suited to our condition.
1t would not make the Supreme Court too nu-
merous; and il would still require from It's
members the performance Of circuit duties; it
would allow a proper distribution OF these
members 10 every part of the country; and,
finally, it would furnish an adequate provision
for the despatch of business in the Circuit
Courts. Upon this plan bill was presented
to the House of Representatives at the first
session Of the last Congress, but 1t did not
meet with general favor; and the fate OF ST.
mlar proposition elsewhere, at subsequent
period, discourages any revival OF II.
now come, Sir, to consider whether any, and
what, evils exist; and then, whether this bill
be suitable remedy. And in thr first place,
IL 10 Sdlu) perhaps Will ooii@ J"''tNN3 s""' Wv
business Of the Supreme Court itself, is not
gone through with sufficient promptitude: that
il is accumulating that great delays are expe-
rienced, and greater delays feared. As to this,
would observe, that the annual session OF the
Court cannot last above six or seven weeks, be-
cause it commences in February, and the Cir
cult duties of the Judges require them to leave
this place the latter part of March. But |
know no reason why the Judges should not as
semble earlier | believe ii would not materi-
aIly interfere with their Circuit duties, to COM
mence the session here in the early part OF ia
nuary; and if that were the case, have little
doubt that, in two years, they would clear the
docket A bill to make this change, passed
this House two years ago; regret 10 say, II
was not acted upon in the Senate.
As to returning 10 the original practice Of
having two sessions Of the Supreme Court with.
in the year, l incline to think it wholly inexpe-
dent The inconvenience arising from the
distance of suirors and counsel, from the Seat
of Government, forms decisive objection to
that proposition.
The great evil, however, Sir, at present ex-
perienced, hat which calls most loudly and i'm
peratiyelv for remedy, is, the state of business
in the Circuit Courts in the Western States
The Seventh Circuit consists of Kentucky, O.
bio and Tennessee. All the other Western
States have District Courts, with the powers Of
Circuit Courts am fully of opinion, that
O. ouirad If nc for he