The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-01-23
THURSDAY EvEN'G, JAN. 90, 1877
TIE nANEzRuPT LAW.

Mr.. Porter, one Of our ablest Represent
tatives in Congress, has introduced an
important bill in the House, to amend
section nine Of the act approved March 2,
1867, establishing uniform, Or what was
intended to be q uniform, system of bank
ruptcy throughout the United States.
The proposed bill provides that in cases
arising under the act, where appeals
from the circuit court TO the Supreme
Court of the United States are
now disallowed, unless the matter in dis
pute shall exceed two thousand dollars, an
appeal may be taken from final judgment
IN any civil case where such judicial
questions may arise as affect the validity
of statute Of, or an authority exercised
under, any state, on the ground Of their
being repugnant to the constitution, treaties
or laws of the United States, without re-
gard to the amount in controversy, whether
their decision be against or in
favor Of such validity. This bill, if
it passes, viii allow of a review by the
Supreme Court Of the United States, in
cases like chat decided by Judge Rires, in
the United States District Court Of Vir-
vinia, breaking down the homestead law,
which, as the act of Congress now stands on
the subject of appeals, can go no further in
the way of dcterminate adjudication. For
under the existing law there can be no
appeal to the Supreme Court Of the
United States from Circuit Court in any
case, unless the amount in controversy ex-
ceeds two thousand dollars.
There IS no reason in the world why this
bill Of Mr.. Porter should not become a
law, while innumerable reasons press in its
favor. The most important questions adj
Indicated in the Circuit Courts of the Uni
ted States sometimes involve very lnsig-
niiicant amount of money, and it seems to
US that in all cases where a@State law is
decided to be repugnant to the constitution
of the United States, the State or any
citizen thereof whose rights are affected by
such Circuit Court decision, should have
the right Of appeal, or the right to writ OF
error, that the highest judicial authority
should be evoked in denomination, revers-
al, or affirmance Of the State decision be.
low. We can see 10 absolute security to
the rights Of States or of the citizens
thereof, if such important matters in dis
pute are made to depend entirely on the
judicial determination of one man, whose
mind, by education, prejudice, or other
wise, may be warped against the rights
and interests of the State, or its citizens, in
which his judicial district may be situated.
There is so much merit in this bill Of
Mr.. Porter's, that we can hardly see how
Congress should do otherwise than prompt
~ pass it. The object of the act of 1867,
in shutting out all appeals except where the
amount in controversy exceeded two thou
sand dollars, was all well enough as affecting
ordinary questions of law; but as affect
lag the repugnance of state legislation, it
was clearly c0Sus omiSSus not to have
provided for an appeal Or writ of error.
For the question of repugnance goes to the
very gist Of all adjudication under the law,
and may involve millions in general, while,
in few, if any, individual cases, would it
involve an amount exceeding two thousand
dollars.