Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-06-22


instant.
MIR. Trumbull.-I rise to make what suppose
to be privileged motion; and wish the Sena-
tor from Maryland Mr.. Nickersl to hear what
1 am about to state. Some two DAYS ago bill
passed the Senate in reference to the Supreme
Court of the District of Columbia. Ii went to
the House of Representatives: and yesterday.
il being the day in the House when the District
Committee Is called, the bill came up, aud was
passed by the House, and that fact commuui-
Gated to the Senate. Before its passage by the
House had been communicated to the Senate
the Senator from Tennessee Mr.. Fowler made
motion to recall the bill which had passed the
Senate, in order to enter a motion to reconsider
the vote upon it's passage. 1 made no objection
to that, because think a Senator should have
the opportunity to enter his motion to recon
slider bill; but before that resolution recalling
the oil from the House of Representatives
reached the House, or before it passed here /
suppose, the bill had passed the House, and
that fact was afterward communicated here.
That being the state of the case, the bill hav-
ing passed both Houses, do not see how the
House can return the bill to the Senate. They
have already sent the bill back to the Senate as
passed by both Houses. 1t is here and it is here
concurred in and passed by the other House.
Now, as the resolution sending the request to
the House embarrasses the matter, move that
that resolution be resciRded. If there was any
catch about the bill or any misapprehension, L
should be willing, by unanimous consent to
agree TO anything to bring the bill up again; but
the bill is well UNDERSTOOD il has been pending
tor long time. There may be some difference
III.
who i understand takes an interest in this bill
and myself as TO whether we ought to abolish
the orphans court as the bill does; but the COM
mittees in both Houses had so reported: il is a
subject that has been long under consideration.
ana L have no idea that there would be any
change in the Senate If the bill were brought
back here and there is no practicable way that
L see TO bring 1t back. Therefore / think in
order TO relieve us of embarrassment 1T is proper
TO resclnd the request we have sent to the House
Inc House, OF course, would desire to comply
wi I,
Is not there now. L move that the resolution be
rescinded.
Mr.. Fewler.-what is the motion?
:, The Presiding Oficerr-The Senator from IL
linos moves to rescind the vote which was taken
yesterday upon the motion submitted by the
Senator from Tennessee, recalling from the
House of Representatives the bill IS. No. 49l)
relating to the Supreme Court OF the District of
Columbia. That motion is now made, but it is
not open to discussion If objection be made
TO il.
MIR. Trumbull.-There is no objection to its
being disposed OF, 1 apprehend. 1t is privi-
legged question.
The Presiding Oftcer.-But it is subject to a
call of the Senator from Maine for the appro-
priation bill.
Mr.. Trumbull.-Let it be disposed of.
Mr.. FOWLER have but few words to say in
regard to it. The bill came before the Senate in
the last Congress; it was then considered in the
Senate and got the go by. 1t has again made
its appearance in the Senate during the session
several times MY only anxiety in regard to the
question was, that the measure should be thor
Oughly considered before court was entirely
destroyed and a new one organized in its place;
that the whole subject should receive some
consideration, particularly on the part of those
who are friendly to that kind of court. 1t
has been one that has prevailed in Mary
land and in this District for many years.
The people are accustomed to it. L was
opposed to the destruction of the court with
out, at any rate, the gravest reasons for it,
The bill passed here without any persons scarce
ly knowing what it was. That was our fault,
20. okAs-.
mittee on the Judiciary, admit. L was out at
the time; but had carefully watched the pro-
gress Of the bill before, for had not yet found
any good reason for the abolition Of the or
phans' court. The judge who has occupied this
place is represented to me to be a worthy
person, and to sustain an excellent reputa-
preme court; that nothing had ever been
lost to claimants in the court, and his decis-
ions had very seldom, more seldom perhaps
than those OF any other judge, been reversed.
do not want to throw any obstacle in the way
of action on the bill, but 1 wished to have the
whole matter brought before the Senate again
and considered; and / dc not think it valid
reason for the hasty passage of any bill of this
kind that business is accommodating and that we
have a vast amount now before which we
want to get through with. For that very reason
We ought to he more considerable when these
subjects come before us. 1t is not an easy mat
ter for to correct an injury that may result
to the community by legislation of this kind
and of all kinds of legislation that which at
tacks the judiciary should be most carefully
guarded. j know scarcely anything that Will
Justify a species Of legislation of this kind.
There are proper methods of disposing OF
judge or disposng of a court. Some reasons
ought to be shown why the court should be de-
hoped the matter would coIle pcrorc se senat.
ard be reconsidered.
MIR. TrumbulI-I do not see any way to do it
now.
Mr.. Vickers.-I am not suffi GENTLY acquainted
with parliamentary law to say what course
ought to be pursued. The Senator from Illinois
has more experience and knows much better
than myself the course that should be adopted.
The bill was taken up in the Senate in the
morning hour. j believe IL was not read; !
think the reading was dispensed with. 1 was
engaged with my colleague and a member OF
the other House in conversation at my desk IN
reference to an appropriation to improve the
harbOr at the city of Baltimore, ami the bill
parsed before my attention could be fully ar
rested. 1 understand that it abolishes the
Orphans Court and transfers the duties Of that
court to a judge of the Supreme Court of the
District, and authorizes the appointment of an
additional judge Of that court. The same sub
ject was before the Committee on the District of
Columbia at a period. The object appeared to
be 10 get rid of the judge, and to effect it tho
course proposed was to abolish the court. Some
lawyers, very distinguished, I suppose, in this
city, appeared before that committee and stated
that during judgeship Of about 22 years not
dollar had been lost by reason OF insufficient
security taken on any testamentary, admins
tration, or guardian bond, that the Judge
had fulfilled his duties with great fidelity and
satisfaction; that the interest OF minors had
been fully and thoroughly protected; that the
court was popular in this District; that it was
what was called "the peoples court" every
body having easy access to the judge that they
were ready at any time to yindicate the charac-
ter of the judge against any aspersions that
might be attempted to be put upon 1T. The
committee thought twas a subject more appro-
priately belonging to the Committee on the Ju-
dietary, and they asked to be discharged from its
consideration, and the bill was referred to the
Judiciary Committee. 1 was not aware that il
had been reported until the bill was about to
pass. All that is desired is that the subject may
be considered by the Senate. 1 do not know
that the action of the Senate would be at all
changed. / have no idea what its Judgment
would be, but II is an important measure
and affects the interests of the city, and against
which many OF the citizens protest, / thought
that it ought to be considered in q full Senate
1t was one of those bills which are passed in the
morning hour in a hurry, and not attended to.
Mr.. Trumbull.-The Senator from MARYLAND
will pardon me. He knows very well that /
made no objection to recalling the bill. had
not the least conception that the House would
have acted in the mean time; and that Is what
has got it in such a situation as it Is.
Mr.. Vickers--I am aware OF that.
Mr.. Morrill,, Of Maine--I ask the Senator
from Illinois, what Is the special Importance Of
action on this at the present moment?
Mr.. Trumbull.-I wish to relieve the House
ON the position it Is in. The House has not
OOf he hill