The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-12-31

v 3
its exercise greatly promoted the
and happiness Of the
people
But it is now denied and declared
neverto have had any legal existence.
By alsweeping edict of superior judi
cial power aud construction, it IS ab-
s0Iutely annulled and destroyed. In
the eases Of the Moses Taylor, from
California, aud The Hine Us Trevor,
from Iowa, the Supreme Court OF the
United States, in December, 1860, de-
cided that
"I. The admiralty jurisdiefson to which
the power OF the FEDERAL judiciary Is, by
the Constitution. declared 10 extend. Is not
limited to tide-water, but coUsrs the entire
Tldv5gz6te tgaters Of The United States.
'.z--Ihe or gins1 jurisdiction in admit
rally exerc lsed by the district courts. by
vlrtne Of the act Of 1853, Is ercsusfUe not only
Of other Federal courts but Of the STATE courts
%. And that. therefore. State statutes re-
lating to western inland rivers which at
tempt TO confer upon state courts a relne-
dy for mar. ne torts and marine contracts
by proceedings strictly "a rem. are c0sds De-
cause they are in conflict with that act of
Congress.''-4 Wallace Reports, PIP. AL $50.
Dir. Chairman. il will be readily
seen and appreciated By the House to
what a radical extent the jurisdiction
of the State courts has been Invested,
and that of the Federal courts ex-
tended and enlarged by the course of
decisions to which / have referred.
It will also be seen how important it
is to the interests of the people that
Congress shall give thought 70 the
duties imposed upon 1t By these great
changes. The immediate increase of
the Federal courts In the vicinity of
the great water highways OF the West
is demanded, If not made imperative,
By them, in order to accommodate the
new Jurisdiction and business of those
courts, most Of which will arise out
of the commerce on those highways
That business will always be essen
tally local in its origin, and it viii be
imposing onerous AID unjust hard
ships upon the classes interested in it
to require them to seek their Feme-
dies In remote courts holding their
sessions af points IN the States dis
tant from the great water courses.
1t is important IN another view that
these courts shall be speedily in
creased. The inevitable effect of the
decision cited by me is to open a vide
field for Judicial disagreements and
conflicting constructions between the
Federal aud the State courts as to
what particular cases and classes of
cases belong to admiralty and mari
time jurisdiction, and must therefore
be tried In the Federal courts. 1t is
safe to assume that fifty years Of judi
ciaI decision and Interpretation will
not suffice to fully define the bounda-
E-k
The citizens of the States will natu-
rally prefer. as being the cheapest and
most convenient, to 90 into their do
nestle courts for redress. Opposing
litigants viii quite as naturally seek
to defeat the jurisdiction Of those
courts in order to secure delay and
other advantages, real or supposed.
If it were practicable, therefore, it Is
certainly desirable that the Federal
courts should be made as accessible
to the people as the local courts are.
It may be inquired why these two
courts should both be located on the
southern border of the State. 1t is
because, by reason of their respective
locations. their remoteness from each
other-nearly two hundred miles By
the river-and their size, importance,
rapid growth, and future prospects,
the cities of New Albany and Evans
vile are, and will always continue to
be, the chief commercial cente=s for
the water carried commerce of the
State, out Of which can grow extern
sive litigation subject alone to admi-
rally and maritime jurisdiction, and
which must therefore be adjudicated
By Federal courts. Il is true Indiana
has a short water boundary on
the north, the commercial CEN
ter Of which is Michigan City,
and from the business trans
acted on Lake Michigan there may
arise some causes cognizable in ad-
miralty. but rot many. But If such
causes were ever SO numerous, the
situation would not be thereby ma
terially changed, nor the demand for
the passage of this bill IN any de-
gree reduced, because the act of
Congress of February 70, 1915, as
to all such cases not only saves to
parties the right of any concurrent
remedy at common law, but also the
right of trial By jury of all facts put
in issue if either party require It, and
any concurrent remedy glren By the
lalcs Of the State. In other words,
that act amounts to a limitation of
the powers granted by the act of 1859,
as to cases arising upon The lakes and
naUigdble ECdteTs connecting the lakes.
THE Hine vs.. Trevors, 4 Wallace's
r., sos.
IF, therefore, cause eognizable 10
admiralty arise on the lake boundary
in Indiana, the party interested may
institute bis action in the State Court
and avail himself of the remedy pro-
vided By the State law, and on the
trial of any facts put in issue demand
and have the benefit of a jury; bus
in such causes arising on the river
boundary of the State none of these
privileges can Be enjoyed. The juris-
diction Of the Federal Courts is there
absolutely exclusive, and the right of
trial By Jury is denied In all sch cases.
anomaly In our distribution Of Fed
eral jurisdiction which demands
remedy. But so the matter now
stands, and hence in great part the
present and imperative necessity for
the passage CT this bill.
By this bill it is neither proposed
to create an additional district in In
diana nor to require the appointment
of any additional officers except two
clerks or deputy clerks. to be paid by
fees only. nor to impose upon the Gov
ernment any additional expense except
only the inconsiderable expense Incl
dent to holding the additional terms.
Since the United States has become
by the late extension Of its powers
and jurisdiction a local as well as a
neller.1rl Envnrnn1ant these have be-