The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-07-21
SUPREME COURT OF THE UNITED
STATES.

its transaction. Their only possible inter
est was such as was possessed by every
other citizen of the United States, and con-
sisted of the desire that its judges might
be able iurists and men of integrity, that the I
honor of the country might not suffer, or
the administration of justice brought into
disrepute, by its acts or the character OF It's
members. With the building of railroads,
the opening up of new routes of intercom-
munication between this state and other
parts of our common country, with the
rapid development of our industrial and
mineral resources, the introduction of la
Dor saving machines, and the personal and
pecuniary interests of non-resldents IN our
auarries, manufacturing establishments
and transportation routes, Vermont and
her interests have been brought into direct
relations with that court. Years ago, the
lawyer looked upon upon it, as he did upon
the courts of Pennsylvania, Ohio and Hi
nois, simply as fountain from which he
might draw good law to apply to cases to
be tried in our own courts. Now he looks
to it as a possible, aye, probable, court of
last resort, in which the interests of his |
client shall be finally adjudicated.
For the reasons given, we have general |
interest in the constitution of the supreme |
court, its methods of doing business and
the speed with which an ultimate decision
may be reached, but, just now, we all have
more direct interest. 1t is true that we
may not all have cases which will be car
ried to that court for adjudication. 1t is
probable, CERTAIN that but few of us will,
and for this let heaven be thanked. But
we all, whether rich or poor, high or low,
have direct personal interest in the de-
velopment of our industrial resources and
in the cheapness with which the products
of our quarries, manufactures, etc., may
be afforded. That development and cheap
ness depend largely upon labor saving ma
chimes, and these upon the validity of pat
ent rights. Patents can only be adiudica-
ted by the courts of the United States, and
hence the supreme court, its delays and the
remedy therefor, become a matter of pres
ent interest. because the question of cheap
ness in producing is involved in the I'M
questioned right to use that which aids in
producing. And 80 with our railroads.
Since the parties concerned in the several
Central Vermont railroad controversies
have seen fit to invoke the aid of the courts
of the United States, it is matter of gen.
eral pecuniary importance to stockholders,
bondholders and others directly interested,
as well as to reputation of Vermont and
Vermonters that there should be an end
sometime, that the conflicting interests
should be definitely determined, and that
o,nr.,s, JlrradS ahcr'd.haore- nnyp IuH.
Tnere are brood of these patent right
cases, all involving large personal pecuni-
airy interests and in which the general pub
lie are also interested, and of railroad
IS, involving the right to run and con-
troll the larger part of the transportation
lines of the state, now pending and which
are as certain, as anything sublunary is
certain, to 60 to the supreme court of the
United States for final adjudication. AS
at present constituted, let us see what
prospect there is for speedy determine
ton of these matters. And in doing SO,
let us remember that these many law suits
are, as yet, only on their way there not
having been disposed of by the inferior
courts. The supreme court holds but one
session year, the last one being some five
months in length, and during the term
three hundred and ten out of eight hundred
and thirty cases were disposed of. In other
words, if no new cases were entered, it
would take two years, involving one year
of constant labor, to dispose of the cases
now on the docket. The docket, however,
will not and cannot remain the same. New
cases are constantly coming up, and the
docket of the court must still remain
crowded. So that, if business accumu-
lates only as rapidly as 1t has in times past,
it must be from two to three years in ar
rears. Not very fattering prospect,
surely, and rendered less so when we re-
member that as the country grows business
will increase, and the court become more
and more in arrears.
How to remedy this difficulty and pro-
vide for more speedy way of doing bust
ness in this court begins to attract atten-
ton, and the american Lao Recieo devotes
to it a long article. 1t suggests five differ
ent methods by which the transaction of
business may be facilitated. These are as
follows: First-that the right of appeal
should be restricted to matters of law, and
then only where the amount is very large
and exceeds fixed amount secondhand
the court should be subdivided, that is that
certain number of judges should be per-
mitted to act with the power of full court,
two or more divisions doing business at the
same time third-that clerks should be
allowed the judges; fourth-that the Judges
should be relieved of circuit duty; fifth
to allow costs as damages to such an
amount as would restrict frivolous appeals
There seems to be no good reason why
the first suggestion should not be adopted
but to what extent it would tighten the
burthens of the court is somewhat Dues
tionable. AS it is, only cases in equity are
heard upon questions of fact as well as
law, as is also the case with our own state
supreme court. Why these cases more
than others should be open to review upon
the facts as well as the law 10 difficult to
say-blt we do not propose 10 discuss this
matter. 1t is very proper that litigants
should be restricted as to the amount in
controversy, below which they shall not be
permitted to seek the Intervention of the
court of last resort, and such is the case
now-fve thousand dollars being, we
believe, the limit. The necessity of