Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-02-08


in anv cause depending in The Court, or disqnanl
f ID from sickness or otherwise from suing 'ne'e
in. srecial Cour, of Appeals is CONSTITUTED !,
whole or in par. OF judges vi The genera Cou,,
Tnis has never been regarded as in coEfic! WIN
| lie Is, section Of Tie 5n article ni the cohS''u
ton 90 the contrary, the great Pl''
IF mama chayta that justice or Iie'' s'lH
no, be denied, or deferred 10 any mon,
;moera,;ve.y calls ior some such PROVISION
| -Tba, principle equally requires Prov
Slim Tor every case in The Cuu;' o. Appears II
! which ius;ice is unreasonable deferred IL c'S'
remain prpiue in the court an nh'easo"a'''
,m- whetherthis proceed lf"n !As me es' OF IA
sickocss OF lhr judges, or rom any o'he' CAM
-. ,hink a spec,a. court should b. authorized 70
defer mine il. Tae Supreme toot' o. n ~,
you'd sill remain as The tribunal vi nin"l"s
aicial an horny: the special court wooiu u" TX
,c, in particular cases in which, without I> az
non, Justice would mol o. properly
ed ,,o.,,
We propose that the special Court OF Appears
hail he comonsed of the Eve judges o. .ne e",
cuit courts. who for lh- time beng, snsi' S,1nu
frs, in commission win Tespect " w
and seniority, and that N aoo''o" ~ nv O."
nuai salary, they shall receive pr "'e" d"oH
ance Tor each days ai,ec1ahce ct 'nS
conn This seems pfetsfabeio an addi'ion OF
"A
ons form the allowance will be in proportion 20
Inc service whilst in the Other, Inc salary 'D'eht,
nndcr Tho constitution, have TO continue, lhoush
The service should cease 10 be required but we
wopId earnestly recommen nd that me per etem a.
Iowanre shnuld he sufficiently liberal 10 Inci!e
m. 20 senior ridges ui the circuit courts 10 al
Tend willingly. upon The special cour', ana sil as
long. am! dispose II rs much business rs my
can, consistently win their other dh'ies. we
wonld respectfully Suggest, that cohs' ft'hs 'ne
labor and cepTiya!ioG of d>nes"C c'hi'"i" ~
which such service would snilect mem, ''ie d..
owapce should not be less than eight dollars per
day ooso
Connected with this scheme. we also propose
10 consti.n,e The Judges OF Inc special court the
sole Judges of the general courl, r. lieVins rom
attendance upon it a. The other Jucses OF me ci'
chi, cour,s This il is believed would add 10 Inc
yaue of that tribunal, al the same lln'c mai II
would enable the Legislature, when there NAV
be accession for it, to pfolong the terms oil the CIR
chi, courts held by those judges, who would be
relieved from attendance on The general court
And The saving ,c The treasury IN The reduced
a,ooun; of mileage 70 Inc Judges Of thai couf',
will 20 tar =, cnmnersaIc tor INC expense oi Inc
srecial court That exHense viii be lnco"si1e-
rabie compared with The bench, con erred.
The docket Of the cou' al Le"lsoui@ Is 80 Id.
NAV he heard and determined within Two years
Alter getting ,here. We think similar rcsniI
eht TO be attained al Richmcnd and that the
legislature, TIE ia ses, and the peone Should not
We satisfied until it IS attained. In he coull
which i. no. 0alY % srI!: the rights OF parties IN
oar,,ccl6. eases. b, "ho>e judgments are, or
)urh' to hc, rceS u p,c2rry t. guido counsel
IN advising parties asi their !igh'S IN subsequent
cases we readily st,nr tina; great Gaze and deite-
-arint, ough, 10 be oh ewed in forming aud PFC.
1uuncins those judgments. '5lll Ii Is nhvions
ha, such care and Gcl6eraion can be bestowed
N case lust as we N linz hisi or lie second
year :aer II reaches he cCurl, as in The So.
yeo,h or eighth wear, il The obstruction arising
rom older causes he removed. 10 what e3-
en-, IN. CcuT. OF Appeais itself can aid in renov-
ng hat obstruction, must OF course mainly DE-
,erd upon The constitution al The court, The aeIi-
", diligence ana e; sr2y Of the Judges aad their
apacily for labor, boih physical and mental
We NAY reasonably suppose thai they VIII nor
liz pose Of lever cases hereafter IMAM heretofore.
ne prescn, HOPELESS safe OF he docket, IS caitu
alet 10 dishearien ,hIse VINO are IN The c"ut',
ud L VACANCIES should occur in il, 10 prevent
hose best flied Tor The place from desiring it
)u he Other hand. measure Of relief, which
Kill lead the Judges 10 think il practicable 70
Freak down their docket, without breaking down
themselves. must leri 10 iuci.c ;hei. energy and
ncr.as- their diligence
To gha, extent the special court can rerder AID
nust obviously he somewhat mater OF CONJECTURE.
Dur view IS, tina: this special couri should annn
,l!y cou.ae.ce is session. ~ Setemhci, on he
law after he general CuuI tdjVuruS ard ihat !"
nav adjourn from lime &, line, aod SIX d u ~
nd as long as he Judges ;rereol may consider
he: can properly ii: without interfering WIN
heir other duties. We TO rcl contemplate mat IL
!. 10 iofbear sitting merely pec"use ihe Couft OF
A oneas may DC string IN Richmond al'Ec same
i,ne. The day from 10 10 4, can very realty
be divided between the iwo courts. So as 10 give
10 each AS MANI hours as The Court q! Appeals
now SITS.
II ire Cour, OF Appeals shall 81, 100 days, ard
IN. srecia, court 80 at Richmond annually, ii
seems 10 US no, unreasonable 10 eXrec; that Inc
TWO NAV decide $50 causes in year, and dis
ps, iii, N be made in about tour years oil The eau
SEES now in arrear, which Otherwise VII lake aouol
eight. 49,,
m q The court, aaj as he reduction 81 ne decker
GOES on. and h. time is diminished that a case
mas L. wal, 10! decision, this XVII ic0i 70 cause
,ppeals in many cases; in which, a. lninss no"
are PARIS would acGuie>ce n he 'ccision, mo
d.-ued etroEeous) or make c"mpr"in'se, IA
,bsr Than ucsunier The seven Or cisht years de
Law On the o!her hand, measures may petha IS
IN. adoo,ed 10 cuuu.cr7a! aay increase from This
cause BY geuiGg fii n some classes ol cases IN
which appeals are now allowed
Upon The SUPERSTITION ina he annual nuWner
u, cases cctning 1910 The court, will not on the
vnne be ma etIaily enlarged, il seems 10 Us that
honeh nc Cou.! OF ppeais, il Jeff uoa'ded. would
Ike eight yeats to gel rio Vi the Causes now on
i;s do,ke., ard lhen have causes foI t CHI years
or mere 10 dsp Sc OF; Jet, cIih the ASSISTANCE 10
IN. Afforded by toe SpcCIa! couIt, III" c"lses hrF
oenting may be disposed OF ia ABOUT nan in'
iin- that would be AIKEN without II, anG the DOCK
=, he So reduced alter seven years, from INC COM
u,ncemcp, Of the spccia! rourI, as not 10 have
On i. any cases w5ch hall hare been re1diH"
oore,han Two years Il aen he C0uri OF hrIea!s
should be able u ecit.r a. many cases as are an
nualy pei on j.: 10, & lht dhiles OF thc spec!ai
.uur, viii te I'm. e 90 hose wnIth are perform
d by the 50 cal cOgg's, now authorized ov iaW
Should less fav0i26c sale oil things man IS
now boncd Tor exist; ether then OF al an alter
lime. the remedy iur il will continue in force, atd
be applied as there may be occasion Tor u.
We think it is 40 slight recommendation Of
his plan that ii proposes remedy wnich viii
come INTO action, whenever il is needed, AID re
dormau, when il is no. wanle3; that ii The occa.
sion Tor il DC iem31:ary, 50 also will be The ex-
nense. tina, not Only viii The expense be small, bai
Inc measure be Il very slight inroad upon he pre-.
sen, sys'em, ctcdS;ouiGg LILLE legislation, and
lha! @; a very >,Ggie character; aGd haaily that
il is a measure, na alsndsd by the dagger en-
counIe!cd, " hcn ues Jadseship is cres,cd, but
one tha, will always be uude. The control al the
Legislature, and may al any lime be notified or
repealed altogether, unless it be found work be-
nefcially.
With tbe.. explanations we submit TO the
House The accompanying bill.
JNO NJ. PATTON
CONWAY ROBINSON
Richmond, January oath, 1913