Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-01-08
LEGISLATURE OF VIRGINIA.
HOUSE OF DELEGATES

REPORT
OF ~, Committee for Courts If Justice .7msndments
Of tic judicial Sg,fsm.
Presented b. CEREAL Briscoc g. BALDWIN Of Augusta
The Committee Tor Courts 81 Justice have had an
der consideration the resolution the House, directing
Them 10 enquire what amendments If any, Of tile lu-
dcia system of THIS Commonwealth, are requisite 70 en-
sure an efficient and speedy administration oil justice,
und 10 prevent unnecessary l;ga;on 1aa Deg leave 70
present the following Report
Your committee are deeply impressed with the I'M
poriance OF the subject referred 10 them N boh lis
branches The public interest inquest onaby requires
that the administration o insttcc our Courts should
he as speedy compatible with cue investigation
und correc, decision of the aers IN conroTersy anc
moreover that BY udicous and timely precautions un-
necessary sources Of litigation should be prevented
The evils Of pro,.ac,ed aud useless litigation bear OPP
pressveiy upon the people, not only drecty oot ~
directly the consequent increase oil the expenses Oh
Government; and no economy 10 be eheceo oy iegS-
iation can be more pror;dent than that w'Ich pTeVens
the resources of the citizen from beng wasted IN MS
efforts 10 prosecute defend his rights
The gnbiec referred TO your committee too extern
rive TO he examined a. ts tame IN all It's ramincations
aud they have therefore, confined ;he'r consideration
10 such parts Of il to 'hr most important ana
rromnen, and these ). found IN the ad3inistra-
ton Of Justice in the higher courts OF the Common
wealth That IN oil these courts a. least, The de-
iay in the trial Of most eciocs disheaflenng
and often ruinons tie parties immediately concerned
Is fact obvious oil who have any opportunities tor
observation In the Court Of Appeals especially, not
anfrequen,ly amounts 10 almost denial OF justice
The accumulation Of business IN that court 10 Immense
its docket has become most nnwieldy and nnmannse'
nble and the evil ia continually increasing That such
/, the truth will sufficiently appear from the annual re-
turns Of III clerks Of cour,s made under The acts o
1897 and l-35 and tire abstracts there!fom iufnsneo
BY the clerk Of the House al each sesaion winch are
The only documentary evidence we have on the SUBJECT
II will be thereftnm, that The number Oh su''
pcbd,ng in the Court of Appeals for the year ending
The 3Oih of August 1e4l WEE 57S, ana that - cases
were decided and 10 appeals granted IN that
This shew that, with the like d'igence, II would re
ouire AT least six half years 10 dispose OF the pre-
sent amount of business and that nj the end OF tina
lime il would require much more To get rid OF th'
accession within the first period when We LOOK oact
10 the previous years. We fud that IN lS3S The cosse
oendipp were 49, decided 104, and appeals granted
lis in 1889, the causes pending 499, decided 81, ap
peas granted l20 lS1O, The causes pendng DOG, de
cided 76 appeals granted l0o Thus it will be seen
that the size of the docket gigantic and continually
growing The evil IL doubt IN some measure attn
butable 10 accidental circumstances, but the great
source Of II il of permanent nature, and the remedy
il 10 be found, not i'll temporary exPcdienis but III
radical and enduring change, the operation OF whci
will be continually tfcc,nal
Your committee cannot recommend the adoption o
measures for hurrying through The business Of the cour
with greater rapdity. The lime winch ought to be dc
voted 10 the trial and consideration Of cnuses must, II
the nature Of things be left TO the wisdom and dscre
ION
late them to greater expedition have heretofore proved
md in the opinion of your committee, viii Away
prove altogether abortive The result oi such legs
la,ion if successful, could only be to supplant ont
mischief by the introduction OF another OF equal, no
ureater magnitude. II it be desirable TINT contro
yerses in the supreme appellate court should be spec
div determined 1t il not less so That they should n
correctly decided. That court settles the law IN In
list resort and its most important Junction IS 10 ho
ont a clear and steady light Of jurisprudence, no
ad,cf,c hni In thp neon
seyes. In the preservation of lis reputation 10
judicial ability and consistency, the responsibility
the whole Commonwealth, ~ to no small extent, IN
yolved. The investigation OF legal questions, som
Of them Of momcnto interest, by such tribunal
ought TO be conducted with the creates, carc circnm
spec,ion and forecast The matter IN dispute bctwce
the parties is Insignificant compared with the effect
ot the decision upon the rights, interests and secnr
of the public at large IL il indispensable that the
should look merely to the Immediate, but also to TN
remote consequences Of its judgments that It shonl
most matnrely deliberate upon the principles Of the SUB
iec examine with scrupuous eSactness It's own Prev
Gus Authorizations, and pay due attention to the auhor
lies furnished By other high tribunals III must not neg
lct any of the sources Of knowledge; neither the foun
,ains Of ancient learning, the tide of modern i'm
movement aud should contribute in prudent, bu
liberal spirit to the gradual advancement OF noble ant
difficult science.
Instead of the Objectionable eXpedients alluded to
yonr committee hnmby conceive, that the wisest polio
IS 10 strike al the root vi the ev IN the Court OF Appeals
by diminishing the amount of It's business. This cal
be no otherwise effected than by restraining the urs
diction Of the court within narrower limits. IL is no
proposed to take away from that tribunal any OF thu
subjects which now fall within It's powers but to in
crease the amount in value necessary 10 give ursdc
ton In this way the extent of the business of the cour
can be regulated the discretion of the Legislature
and the pfesen, cumbrous reduced so as 10 bring
il within reasonable compass, and allow of DISPOSE
ton without cxhaus;ing efforts undue precipitation,
injurious delays.
Your committee are, however, far from surprising
that the appellate jurisdiction Thus distracted from The
Court of Appeals. ought TO be thrown away as PERM
c,ous or useless On contrary they think II shoule
be carefully preserved and vested in other tribunals
hy which may be promptly and benefcasy exerci'ed
All that 10 desirable in the administration OF justice
is not 10 be found the correct decision OF con,rover
sizes. In a convenient time II is moreover import
ant that they should be settled in manner salts
factory to the people, and, far as practicable, &c
the parties the niselves. Hence it would seem impo
tic that causes of considerable magnitude should be
finally adjudicated by a single tribunal, especially
where that tribunal consists Of single Judge, and
the more especially where the requisite .opportun
ties are not afforded for deliberate, CAREFUL and tho
rough consideration. The Circuit Superior Court,
form valuable and indispensable part Of our judcia
svatem; but the union Of common law and chancery
Jurisdiction whatever may possess IN othe