Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-12-28
II L p o II T

on
AMENDMENTS OF THE JUDICIAL SYSTEM.
The committee for courts OF justice have had un.
der consideration the resolution Of the house, direct
ing them to enquire what amendments, If any, Of
the judicial system OF this commonwealth, are re.
ouisite to ensure an efficient and speedy admins.
,ration Of JUSTICE and prevent unnecessary uga-
ton, and beg leave to present the following
REPORT:
Your committee are deeply impressed with the
importance Of the subject referred TO them, in both
its branches. The public interest unques,ionably
REQUIRES that the administration of Justice in our
courts should be as speedy as is compatible with
due Investigation and correct decision Of the matters
in controversy; and, moreover that by iudiccus end
timely precautions unnecessary sources Of litigation
should be prevented. The evils OF proirac,cd and
useless litigation, bear oppressively upon the peo.
pie not only directly, but indirectly IN the conSe-
a ueut increase Of the expenses OF government; and
no economy TO he effected by legislation can I've
more provident than that which prevents the rcsour
ces OF the citizen from being wasted IN his efforts to
prosecute or defend his rights.
The subject referred TO your committee is too eX.
tcnsve 10 be examined at this time in all ITS ramih
cations; and they have, therefore, confined their
sideraion such parts OF II as seem 10 them most
important and prominen; and these are 10 be found
IN the administration OF justice IN the higher courts
of the commonwealth. That in some Of these courts
at least the delay in the trial oil causes Is most te'
dious, dishcaroning, and often rulnous to the par
ties Immediately concerned, IS tact obvious 10 oil
whohayc any opportunities Tor observation. In the
court of appeals especially, it not unircquenlly
amounts TO almost denial Of justice. The accu
mul,tioa OF business in that court Is immense; its
docket has become most unwleldy and unmanagea.
bic; and the evil is continually increasing. That
such is the truth will sufficiently appear from the
annual returns OF the lis OF courts made under
the acts Of 1887 and 1885, and the abstracts there
from furnished by the clerk Of the house at each
session which age the only documentary evidence
we have on the subject. IL will be seen therefron
that the number of suits pending IN the court of APP
pcas f,r the year ending the 3O.h OF August, lSil
was SIS and that - cases decided, and | 10
new appeals granted lh that year This shews that,
with The ike diligence, It would require at !eas,
six and hall years 10 dispose OF the present amount
of business and that at the end of that time il
would require much more TO get rid of the &C
cession within the irst period When we look back
TO the previous years, find that in 1883, the causes
pending were Asa, decided l04 and appeals
granted 10; in 1889, the pending i99, deci
Ged 81, appeals granGd 100; IN 1910, the causes
pending SIS, decided IS, appeals grantsd los
Thus It will be that the Sza OF the docket Is
gigantic and continually growing. The evi, is no
doubt in some measure attributable 10 accidental
circumstances, but the great Of It is OF per
manent nature, and the remedy TO be found, 10.
in temporary expeoonts, but in radical and en-
durins change, the operation OF which viii be con-
tinually citectual.
Your committee cannot recommend the adoniion
OF measures for hurryng through the business of the
court with greater rGpdty. The time which ghl to
be devoted to the trial and consideration OF causes
must, in the nature Of things, be left TO the wisdom
and discretion Of the Judges, and all legislative at
Temps 10 stimulate them 20 greater expedition have
heretofore proved and, IN the opinion OF your COM
mitIec, will always prove altogether aboriive. The
result of such legislation, If successful, could only
be to suppuI, one mischief by the introduction OF
another Of equal, II no: greater magnitude. If il be
dcsra be that controversies IN the supreme appellate
court should be speedily determined, il is not less
that they should be correctly decided. That
court settles the law IN the last resort and its most
important function is 10 hold out clear and steady
ii ht of jurisprudence not only TO inferior iur sdic
I,ons but to the people themselves. In the pleser.
walton OF its reputation for iudcia. ability and con-
sistency, the respcciabiiIty Of the whole common
wealth Is 10 no small extent involved. The invest-
CATION oflega questions, some of them Of momen-
tous interest, by such tribunal, ought TO be con.
Quoted with the greatest care, circumspection and
forecast. The matter in dispute between the par
ties Is Insignificant, compared with the effects OF the
decision upon the rights, Interests and security Of
the public at large. 1t Is Indispensable that the
court should look not merely to the imme dia'c but
also to the remote consequences of its judgments:
that 1t should most maturey deliberate upon the
PRINCIPLES Of the subject; examine with scrupulous
eXactness It's own previous adJudieatlons, and pay
due attention the authorities furnished by other
high tribunals. IL must not neglect any OF the
sources Of knowledge; neither the fountains Of an
Gent learning, nor the tide Of modern improvement;
and should contribute in prudent but liberal spirit
10 The gradual advancement Of noble and difficult
science.
Instead Of the Objectionable expedents alluded to.
your committee humbly conceive, that the wisest
policy is TO strike the OF the evil in the cour,
fApPeals, by diminishing the amount OF its business
This he otherwise effected than by restrain
ing the jurisdiction Of the within narrower Ii
mits. IL IS not proposed TO take away from that
tribunal any of the subjects which now fall within
its powers, but to increase the amount in value ne
cessary 10 give jurisdiction In this way the extent
of the business OF the court be regulated at the
discretion Of the Legislature, and the present cum
brous mass reduced so TO bring it within reason
able compass, and allow Of its disposition without
eKhaustIng efforts, undue precipitation, or injurious
delays.
that the appellate jurisdiction thus distracted from
the court Of appeals, ought 10 be thrown away as
pcrnlcIOus or useless. On the contrary, they think
should he carefully preserved, and vested in olhe.
tribunals, by which II may be promptly and bene
fcially exercised AL that Is desirable in the adj
mlnisraton Of justice is not to be found in the cor
rect decision OF controversies, IN q convenient time
IL IS moreover important that they should be setrl
cd in a manner satisfactory u the people, and. ns
lar as practicable 10 the parties themSe YES. Hence
u would seem impOitiC that causes Of considerable
magnitude should be finally RcJudcited bv n single
tribunal, especially where that tribunal cons sis Of
single lucgC, and the more especially where the re-
qusite opportunities not afforded for deIbcrpte
careful, and thorough consideration. The circuit
superior courts from valuable and indigDens,ble
part OF our ludcla system; but the union of co M
mon law and cuancery jurisdiction, whatever adj
yanages may possess in other respects is certain
~ attended with great inconvenience and has len
dency TO the evil, 70 some extent al least Of sro-
veny imperfect, and satisfactory administration OF
justice. The pressure Of common law and chonrerv
business at the same term; the haste, hustle. and
confusion u occasonsj the inadequate time allowed
tor such various dues the obstacle 10 tne mid which
ought to be furnished to The court by the bar in con-
sequence Of no interruptions, ann0yancCs, and per.
pieXues 10 which the latter are subjecl.d-eU con-
spire to the result which has been mentioned. ard
1t too often happens that are hurried through
without due preparation or investigation, or are
most uRreasOnaOIy and yeTatiOUsiy DELAYED
Your committee do not wish 10 30 under,'ood 40
intending by any Of their remarks 10 derosate from
the we'll earned reputation Oi our judiciary for pu
Ty and bIiy their sole object being TO Doint out
some Ofthe existing defects in the system Itself and
10 suggest such nOrmaiOns in IL as thew trust NAV
afford relief not only 10 the public al large but 10
all concerned in the administration Of Justice.
For reasons above noticed, your committee ye,.,,
that they would he disposed 20 destroy nrv , p,
OF the jurisdiction now exercised by The court of ap
peas; but 10 transfer portion Of t 10 other trib.
nas, 70 be constructed out Of materials already rre
pared. They would respectfully suggest the OK
pedlcncy OF establishing intermediate courts bctweer
the court OF appeals and the circuit courts which
on the one hand, nigh. relieve the court Of apnes
from great part OF tho appellate business saw one
third OF one-hali; and on the other might T-,ievI
the circuit courts from no considerable portjoa d
their original jurisdiction. And they beg leave I
submit the following brief outline Of plan for tina