Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1842-01-13

S""""e" W oen. Ddmtt5 " Augusta.
The committee for courts OF Justice have had
nder consideration the resolution of the house.
lrecuug them to enquire what amendments il /
ny, OF the judicial system Of this commonwealth,
70 requisite to ensure an efficient and speedy ad-
''nistraton OF justice, and to prevent unnscessS-
y litigation, and beg leave to present the follow
ng
REPORT.
Your committee are deeply impressed with the
Importance OF the subject referred to them, In
10Th its branches. The public interest unques-
ionabiy requires, that the administration of JUS
ice in our courts should be as speedy as is com!
pauoie win due investigation and correct decil
sion oil the matters in controversy and, more,
over, that by judicous and timely precaution,
sources OF litigation should be pre-,
vented. The evils of protracted and useless It'll
CATION, bear oppressively upon the people, mott
only directly, but indirectly in the consequent in
crease oil the expenses OF government and MOI
economy to be effected by legislation can be more
provident than that which prevents the resources
oil the citizen from being wasted in his efforts to
prosecute defend his rights.
The subject referred to your committee is too
extensive to he examined at this time i'm all its
ramlhca'lons; and they have, therefore, confined
their consideration to such parts of il as seem to
them most important and prominent; and these
are to be found in the administration of Justice i'm
the higher courts of the commonwealth. That in
some OF these courts at least, the delay in the
Gal of causes is most tedious, ,lishearteninp and
often rulnous to the parties Immediately CONCERN
ed, is fact obvious to all who have any opportu-
mites for observation. In the court of appeals
especially, II not unfrequently amounts to almost
denial OF justice. The accumulation of bust
ness IN tnat court is Immense; its docket has be-
come most unwleldy and nnmanageable; and the
evil IS continually Increasing. That such is the
truth VIII sufficiently appear from the annual re-
turns oil the clerks of courts made under the acts
OF 1887 and 1898, and the abstracts therefrom
furnished 10y the clerk of the house at each SEES.
sion, which are the only documentary evidence
we have on the subject 1t will be seen there
from, that the number Of suits pending i'm the
court oil appeals for the year ending the Both of
August, 1871, was 57S, and that SS cases were
decided, and l 10 new appeals granted in that year.
This shews that, with the like diligence, i:
would require at least six and half years to dis
pose OF the present amount of business, and that
at the end OF that time, it would require as much
more to get lid of the accession within the
first period. When we look back to the
previous years, we find that in 1898, the
causes pending were $50, decided lO4. and
appeals granted ZIG; in 1885, the causes pend
Ing avg, decided 81, appeals granted 100; in
Ao4O, the causes pending $50, decided 10, appeals
granted lOS. Thus it will be seen that the size
OF the docket is gigantic and continually grow
Ing. The evil is no doubt in some measure at
trlbutabe to accidental circumstances, but the
great source OF 1t is of permanent nature and
the remedy is to be found not in temporary ex-
Pedients, but in radical and enduring chanre,
the operation of which will be continually effcc.
tual.
Your committee cannot recommend the ador-
ton OF measures for hurryng through the bust
ness OF the court with greater rapidity. The
time which ought to be devoted to the trial and
consideration of causes, must, in the nature of
Things, be LETT to the wisdom and discretion of
hejudges, and all Legislative attempts to s,imu-
uate them to greater expedition have heretofore
proved, and, IN the opinion Of your committee
will always prove altogether abor;ive. The re-
suit of such legislation, if successful could only
be- to suPPlant mischief by the Introduction If
another OF equal If not greater magnitude. If it
DC desirable that controversies i'm the supreme ap-
pellate court should be speedily determined il is
not less so that they should be correctly decided
That court settles the law in the last resort, and
Its most important function is TO hold out a clear
and steady light OF jurisprudence, not only to in
terror jurisdictions, but to the people themselves
In the preservation of its reputation for judicial
ability and consistency, the responsibility of the
whole commonwealth is to 20 small extent in
VOWED. The investigation Of legal questions.
some OF them OF momentous interest, by such
tribunal. ought TO be conducted with the greatest
care, circumspection and forecast. The matter i'm
dispute between the parties is insignificant COM
pared 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 immediate, but also to the
remote consequences of its judgments; that it
should most maturely deliberate upon the princi-
pies OF the subject; examine with scrupulous ex-
actness It's own previous authorizations, and pay
due attention to the authorities furnished by other
high tribunals. 1t must not neglect any of the
sources OF knowledge; neither the fountains of
ancient learning, nor the tide Of modern improve
ment; and should contribute in a prudent, but
liberal spirit to the gradual advancement Of no.
Bile and difficult science.
Of Tho oh 10
to, your committee humbly conceive, that the wi
sest policy is to strike at the root Of the evil i'm
the court of appeals, by diminishing the amount
of its business. This can be no otherwise effect
ed than by restraining the jurisdiction Of the
court within narrower limits. 1t is not proposed
to take away from that tribunal any of the sub
jects which now fall within its powers but to in
crease the amount in value necessary to give iu-
rlsdiction. In this way the extent of the bust
ness of the court can be regulated at the dscre-
ton of the legislature, and the present cumbrous
mass reduced, so as to bring it within reasona-
BILE compass, and allow of its disposition, with
out exhaustng efforts, undue precipitation, or in
furious delays.
Your committee are, however, far from surpo- |
sing that the appellate jurisdiction thus abstract
ed from the court Of appeals, ought to be thrown
away as perncious useless. On the contrary /
they think it should be carefully preserved, and |
vested in other tribunals, by which il NAV be !
promptly and benefcially exercised. All that is !
desirable in the administration of Justice is not /
to be found in the correct decision of controver-
sizes, in convenient time. IL is moreover isn- /
portant that they should be settled i'm manner