Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-11-26

psns oss, Ia order that the new Supreme Court Nigh,
ssnnsnss nsv Docket and decide tho Gases - they
should come n and thus render speedy justice. But In
point Of fas he Lsssiure did not organic, the spe-
cal Court until 1854 and the Court did not s until 1885,
Meanwhile The Supreme Court had been working aorg
on the old docket and large accumulation Of new
s ewing 10 great part to the neosncy of the District
CouA had reared ITSELF Of which the Court had
rived svsn On siqk There remained indeed as appears
from statement before me, kindly made BY the ntel
gent Deputy Cerk) 22s on the old docket still
undisposed Of and only these BY the term, of thslsw
could be transferred to the Special Court That Court
has just finished deciding them, and ia now regarded
as nearly. II not quite. tssretSs c5fsio
Commencing In 1855 with the docket Of new cases 90.
cumulsted above mentioned the Supreme Court has
been struggling to work It down, bu. In vain. Even II
It had begun With clear docket t could not have kept
s clear. From S0h August 1885 to 80 August 1856,
the docketed In this Court at Richmond 49,
disposed Of during the time So; from 1886 70
1857 we're docketed g. disposed Of a. from 1857 to
1855 deoEstsed 81 disposed Of 65 from 1883 to 1852
docketsed e. disposed of So It Is Ia this way, tia,
these undsposed Of causes added the accumulated
It the bsginriog have swe.d the locke. to is
present balk which canns be worked away In less than
three years at the least another case put there.
In the course Of few years. should the sccretons
60 on % horstoore. the Court Of Appeals will become
great Bleak House. inhabited BY shadows Of lawsuits
which bsvs survived the parties and the property once
involved 10 them, each separate case counterpart Of
Jdnndes and Jaundios Of mournfu and ludirous mem.
Org. -A.-
In 1887 the evil bad already grown grea. that Gcv
Wise ,de Il the subject Of strong comment 10 bis M>s.
sage TO the Legislature sbung the delay In the hear,
ing Of TO the srgh of the arguments Of counsel
Bat the Committee Of the Courts of Justice of the House
Of Delegates to whom the matter referred, pointed
out In great part the true of the evil, and
after showing that in manner due to u1rsla
or unreasonable discussion at the Bar added that COZ.
elusive reason to dsprsvs and dissipate that common
error was the fact that at the close Of every Of the
Supreme Court more had been argued than we're
decided during the term.
In this state Of things what is to be done?
would seem that the first thing to DO done Is es.
tablish special Court Of Appeals to take charge at
opoe Of the mountain load now weighing the docket
down. Blu. thist Is to be observed from the above facts
would be OILY temporary relief The polypus, II cut
of, will DO psrpetusly putting out sgain. Something
must be done with the Supreme Court itself, or lis
Judges TO make them work better. PERHAPS both would
be right. The Court nov has jusdc ion over civil and
criminal cases. Appellate Jurisdiction Of criminal css,s
from the foundation Of the government until the Cor.
suion Of 1884, was vested In the General Court a. Il
called composed Of the circuit judges who anpu-
ally, oftener, held and appellate term In Richmond
occasion required. There thought to be peculiar
proprety in giving this Jurisdiction to judges kept IA
mar BY constant administration Of iscs at nisi pr,
with It's practice and modes Of procedure and j1ry
trial Indeed, many Distinguished lawyers are Of opin.
lon that great defect in our Appellate Judiciary
that unlike the lodges Of the Kugs B.ucb 10 Eagaud
and the Judges Of the sIprtm, Court of the Uuited
States appellate judges see nothing of pract in
the inferior courts, and sit only hear appeals For
thing, then, the urisdc 10 Of criminal mi.h
well be transferred q court 10 the nature of the old
General Court, or Special Court Of Appeals, composed
of select number Of the Circuit Judges This would
relieve the Supreme Court Of regular annoyance tho
commencement Of every term 10 Richmond and Lewis.
burg Of privileged criminal that take precedence
Of civil business aud interrupt L. II 20 this list Of
transferred CAGES, be added also, the Commonwealth
cases, arising on the bonds Of defaultng sherfs and
other officers elected by the people, another not ircon.
siderable burden would be taken from the csmels back.
This, however, cannot perhaps, be DONE the mpor.
,spce Of the principles and the Of money often ir
volvsd seem TO make IL g. that the tribunal best fitted
for their decision should decide these cases.
What can be done with the Judges Of the gu.
prsme Court of Appeals to make them work
more tficientyi No man, acquainted With the actual
facts Of the matter can rproach them with want Of dill
gence and industry They sre.a men Of talent, learn
ing and high personal character and good habits They
honestly endeavor to do their full duty. They canLot
do more But II must be confessed that the judges are
90 situated that they but work at great disadvan
tage One would not think that plolic hotel, In the
Capital city of the State the centre Of political news aud
excitement where politicians ard public men of s sorte
do congrsga,e, and society is confusion, and Universal
hustle and bedam reigns sIlcty the ttest place pos.
sbe for tho grave studies Of the appellate judge deter
mining for all time important legal principles on which
depend the mcs sacred rights Of the citizen to H lib.
cry and property Yet the petty salaries paid the judges
do not permit them TO reside in with their families
during the sessions of the Court and in poiat Of fact
virtual banshment for nine months In II year. from all
the comforts and convenience from all the pleasures
and consola ions Of domestic le the necessary ncon.
vsnienoe. hardship and cruel Of the Office. No one
can look upon the counteuance, venerable
form of Of these men, without feeling degree
Of personal shame and indignation a. tie disreputabs
parsimony and tteness Of the State, in compromising
services performed BY them, of souueh value such
abor Of body and mind, with return grossly made
luate, unwise, peuurious ard absurd An addition of
'alay sufficient to enable the judges to bring their fami.
les with them to town, and live comfortably hike other
,viized and respectable people, would only be sheer
ustcs to them bu; contribute largely their efficiency
n distributing justice to Others.
Perhaps, after all scheme which could Be d.vsed,
orssrvins anything like The present organization, .o0uld
's permanently Elective. One plan alone remains IN.
hed. It Is WORTHY Of trial, and would appear indeed,
% be wholly unobeconable Abolish the Dis,rict Courta