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

Al J>o'St
7, thus appears that at Richmond The causes De
r;ded during The nine years ending The 81 h o.
an,ust iS47 were in nuGiber eqna' only 't
about three iour,hs of those camn.enced during
the same time; and that al LewisonrS me causes
decided bore ONLY the like proportion 10 the causes
commenced during the six years enolns tee DUN
of Angus, 1914 In Other words, mere was al
each place during the perioislns' mentioned, ah
annual increase Of causes, equa! IN an average
N abou, uue-iourih OF those commenced. l'uTine
,hs lac, three wears there has been no snch m
crease al Lewisburg; but the nnmber pending
there on The 30lh If August 1914, has not been
materially diminished That number was loS
and the diminu,ion is only 10 the extent OF seven
cases in 1915, nine cases in 1916, and. seven
cases in lSi7.
Sill il is gratifying TO find that the Courl al
Lewisburg will probably be able without TURNER
AID TO prevent the business IRON accuwn'aiGs
there Much more Than this, there IS M reaso'i-
able ground 10 expect. Il would not do TO enlarge
the disrr,c, Of The I.ewisburs Couri, with view
OF reducing The dUciet 81 Richmond iha' %on'o
result in overlooking The Court al Lewi>o1Ts
without giving such reiei as Inc s!ase OF 'hiass
al Richmond calls for.
For MANY wears past no case in the Court al
Richmond. other than such as belonged 10 some
OF the classes Of privileged cases, has been reach
ed in less than seven years after The allowance oil
the appeal or shpc,scheq:.
When i, is consiterei that almost every cauas
Is pending 10 an Inferior CouTl several years
before il is brought 10 The CorIi o. Appeals, 4
delay seven wears longer in this court Is sfieV-
ance lue less in!olera5le than total Denial OF
justice.
There is then an obvious necessity Tor some
measure 10 promote The despatch ot business IN
- ;oh, II &c cnu1iiv ,t,yiOuS
tina, the term Of seven years which Generally
speakns)a sullor in ibis coufi has snow 10 wait
will moi be reduced b; he unassis;ed efforts Of The
iu ees hereof; and that. on the co;iTary, (uuless
ipey can be assisted in some way,) this FERN viii
be gradually prolonged. For the number of
pending causes is according 10 the last return
bS4; and The average plumber OF cases, annually
decided during the last uine years, no; e1ceenins
IS; il would al this Tate take between eishI aDd
niue years 10 dispose Of ,ho.e now on the d0cRel.
ANY measures OF legislation diminishing The
sources Of litigation, or enabling The ioefiof
couus upon fehearing or olherwise) 10 decioe
more correctly the Gases before them, or IN any
manner i5S>Fnine the number oil cases coming
into The CJnft ol Appeals, would Of course nave
beneficial effect in preventing the future accU
mutation OF business in The court And u ois
charge Of orr duiips as revis,rs, we have had
measn es - ieldtinn 10 waiCh ouf views, so lal
"a d-em-; .naerlai, will appear 10 q @nh ht
b,lis va G VIZ are from time 10 lime reporting
Upon these measures We do not suppose me
House ui D-eg'es in'enaed, by the reso'n''"'
before US, 10 call for our view- IN ADVANCE " GU
general report What we suppose me mouse
paricuarlv desires by that resolution Is plat
for In despatch al business n " ~ the cour'-'
pian b! wn,ch the present arte"f. oi seven yea
or more may b. disposed OF IN some fedeonao''
time.
Ia endeavarng to devise such plan we ha''
nut overlooked bli have respectfully cnhs'uere'
The Recommendation made on 'hrs subject oy IN
G,vernor in hi, annual messages 10 Inc Legs
!aiute IA.
He recommends The appointment of an ADDS
,;onal Judge IF the CuuI ol Appeals ana ND
IN. ducxe, AT RiSamond sh 'uo De oiViuea oe
tween The s,X uds-., 80 that infee "i 'hrIi si'ou
he and deci c one part OF tne "oche', VIII ~
o,her ,hree should al The same time be engage
IN nearing and deci,ing the Other part. lhi
w,n,d orohaSy have he rffec OF dispoSing {
m. causes az rapldly as any DINER plan; out ihei
ere vs,v ,,tun, and obgiuus oblsctirus ~ 1t, an
of character too serIoJs 10 be "ntwrlSnto eve
nv me masni ud- OF he evil 10 remtdied unies
"a dernier ,ssori. |. Won exhibi, the anomal
oi having al! the causes on The Court ol Af
peats docket hard anu decided by less nan MA
i,riy OF the Couu, and unless The Judges wer
divided into two distinct and independent Couf'
of eonal authority, would involve the neeessh
of having The iuds nenls and DEGREES vt lus Coui
sn,e,sd az The opinions OF those who had u,
heart the arguments, or given or formed any oP'n
ion mon me questions decided. II divided mt
ssoarate independent and equal courts, lhey nist
not untrrournlly decide The same qissions III
ferep,ly-Aud none oi the decisions o! either couf
be regarded as giving rule for any tuufe case
mus defeating one oil the principal and mes
important ohje Is of "the Supreme Court
Appeals" required by the constitutional
w.. the having tribunal OF binding Jadicia
authority whose judgments, when once oe
Uberateiy pronounced. ought 10 De resPecie
BY ali other judicial tribunals, as we'll as by ii
self In addition TO these objections 10 The pla
recommended by the governor, there IS anothe
orite serious Alter the docket had been reduc
ed BY the means proposed, there would remain
suoerpumerary Judge on The BENCH al least un!l
q vacancy occurred by death or resignation
which nigh, not happen for long time. lotee
40 far as the western court is concerned ther
would be supernumersry Judge, even Whiie 10
process of reducing the docket dl Richmond va
going on.
Aoy scheme which proposes an addition 10 tn
number OF Judges in the State, we think fatal
oM.cioua6ie, while reliet equally efficient ca
b. afforded by judicionsv applying the labo
aud ability OF The presen. judges.
We think the unnecessary increase OF The mum
Der of judges n the STATE an evil tar greater Il
orher respects than in reference 10 the expense
Toe whole judicial business in the State coul
be done not only as well, but We believe mnc
better and more promptly, by smaller numbe
Of circuit judges Than we now have, and wihUu
any additional burden on the ueasuGv-py en-
Tagging The judicial circuits of those necessar
10 be retained, and dividing among them The sal
aries now paid 10 those that might be dispense
with. We will no, enlarge on hi, topic turtle
at present, but may perhaps recur to it in GU
general report.
The considerations jus, adver,ed to are dec
sive with as against another scheme which ia
been suggested, and which we have heard some
what commended 1t has been proposed tia
commissioners should be appointed compose
OF eminent lawyers, with authority 10 hear an
decide the causes in arrcar on the docket OF In
Couu OF Appeals. If this commission wer
made permanen, bodv il would be new corp
oil Judges 10 perform services which il periorme
by the Judges we now have, would cause muc
less charg- on the treasury; and it woeld be
boiy OF indges which alter few years, won't
have very little and possibly nothing 10 do, a
such. II /, we're to be merely temporary (apar
from the question as 10 lis consliiuIionalityD
could scarcely be expected tina, lawyers Of sncl
sanding apd reputation 40 would DO desired