The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-01-10

=, e,f.;, stj;t .to Be added TO lle agp
saia s 81 nan ttie appellant ore dpskel:
san isIss flie cost 5of printing the recofg oE
~ snn sA ether manner ascertained by theLe-
n;aof,,re az S{5asxx So
sisTah; rd Let there bsaa surnEatE counT OF OF
.,.a.,s OF. eve Judges, with jurisdic ston. ~
m criminal appeals, and in oil sciyis
S ~; NOT less than OIL 600 exclusive OF
;ntefesfs and i'd snch cases as shall De cerli.
aed or sent to it by the district co urts, ~
hereinbefore suggested. 4,
This supreme court OF appeals TO Os
constituted, as at present provided, with nye
;Iidaes. each with q salary OF S4,OOO anu Nl
mileage, and $500 additional to the pre-;
sident. :.,, r.ear,
ence-} @
First. To its efficiency.
Second. To its economy.
AS to its efficiency:
By this system we could secure conte-
nient, efficient, and ample means OF aseel1
taining, adjudicating, and redressing every
right and every wrong which sulsoi ii'.''
have or suffer. oooss;bIe
competent to do speedy justice, anu - q
such close juxtaposition to the peop'oh "
their transactions as to enaoie .,,ou, In
thorough understanding % ~ su dao;s;nns
Ill, ha acoented and submitted TO without
appeal. ,.-,u;t, fo error ;nboreut in
,ha uoru nature and course OF proceedings
VIC ,;s, ar;us court, and resort for correc-
e. nf error is an absolute necessity. The
. .o is only that the errors are so few !;
Int from the ofT:hand, undeliberate decisions
demanded by if, the ablest judges are often
the most liable TO err, and are perhaps the
| most frequently reversed-the best minds
suggest so many views, while often the
vivid perception of the defect of a law
causes the strong sense of what the law
ought to be to obscure views of what the
law actually is-Or, to lead the judge to
strain the law to what his mind tells him it
should be-.
By the county courts thus constituted and
organized we secure the best talent for tho
court Of original jurisdiction. II gives its
judge wider range of experimental knoWl-
edge than if he had but one county, and yet
does not remove him from his near familiarity
With the subjects for his adjudication. 1t
affords him, too, leisure for his studles-so
essential to his efficiency. lie is accessible
from all parts Of his jurisdiction. While his
salary is not excessive, measured by his re-
sponsibiliies and unremitting labor, it is
enough to free his mind from corroding care
and the distractions of poverty, and to ena-
bic him to command the current literature Of
the profession.
Another benefit is that this arrangement
concentrates in che forum the admlnistra-
ton of justice, the litigation of county, and
saves the confusion and distraction of multi
piled courts and contested jurisdiction, so
annoying, especially to rural population
and it greatly smplifes the matter. One
court of original jurisdiction is ample for the
wants Of our people.
" We have also near at hand an able appel
late court in the district, wherein any and
all errors can be promptly corrected--a con-
yepient safeguard-whose decisions will
command and deserve the confidence and
submission of suitors, and beyond which
but few will care to go in those cases where
the appellant has elected to resort first to the
district court, while it will finally and speedi-
ly dispose of that great mass Of cases involv-
ing $1,000 and under; while the talent, lei
sure, and range OF the court will insure full
justice IN those cases in which its decision
is conclusive.
Some of the chief benefits of these district
courts may be summed up as follows:
1. To relieve the supreme court dockets.
2. To increase the accessibility and lessen
the costs in appeals.
3. 70 expedite justice and diminish the
time lin both appellate courts) now required
to carry IN appeal through to determination.
1. 10 provide safe and convenient court
For the correction of those errors to which
the Hisi prius judge is unaYoidably exposed
by the isolation Of bis Office, the suddenness
of the demands upon him, and the prompt
ness with which lie is compelled to decide.
His decisions will be revised by fine minds,
whose scrutiny no error can escape. The
sutton is entitled to this safeguard, and ought
not to be left to the alternative Of either SUBJ
hitting to the opinion of but one mind on
important interests, or else of enduring de-
lay Of years by appeal to the supreme court
delay which will increase with the expand
ing interests and enlarged litigation incident
to the growth of the State, croWding the
docket Of the supreme court more than
ever.
The docket of the supreme court of APP
peals will be relieved and made manageable,
and the court will be able to dispose of its
cases in one-third or one-fourth OF the time
now consumed, in spite of the efforts to keep
it down made by its judges, who are proba.
bly, five as hard orked laborerS as are in
Virginia.
The necessity for this relief Of the docket
of the supreme court is acknowledged by
the erection of the special court Of appeals.
But it is all objection to this special court
that it works inequality. For instance, two
appellants are dockcted in the supreme court. |
One of them is cut of in the assignment 10 |
the special court, and the other is retained in |
the supreme court. The one has the benefit
of the revision and investigation by i've
iudaes. the other of but three; and-those
three. able though they be, burthened ID
addition with the duties Of three Of the most
imnortant and onerous circuits in the State.
Appeals in criminal causes ought to tie
allowed only in the highest tribunal, so that
questions involving life and liberty should
be determined by the highest authority |
alone, with the uniformity insured by sin
gle court.
This jurisdiction in criminal cases, in civil |
causes over 81 900, and in matters certified |
or sent by the district courts, will give as
full occupation to the supreme court as
ought to be exacted from men whose duties |
tax the best powers Of the best minds when
in the most elastic and vigorous condition.
Their decisions will ascertain the law, and |
control BY uniform standard the adjudica-
tions of all other State courts.
The judiciary should be. arranged and
established for permanence-not again to be
changed, tempered with, Or tinkered.
The system adopted should be one suited |
TO the present wants of the people, and equal
to their demands for generations to come.