, 1875-02-01

tue Legislature providing for tho consolila- :
ton Of tho Supreme Court, which it is pro.
posed allnll hereafter hold four terms annu-
ally, md nil Of them at the State Capital.
We print copy Of tho bill, which is tho bill
prepared by the Chicago Bar Association.
The objections heretofore urged against such
law lavo lost their plausibility, and the
great necessity Of providing for the public
interests now outweighs the probable loss Of
business Of a few tayeru-keepors at the plnces
where tho Court now holds its sessions.
This measure has become essential to tho
convenience and dispatch Of the vast and i'll
crcasing business Of the Court. The Court
is now q poripatetic body, which keeps tho
Judges travelling, at their own expense, from
their various residences to Springfield, thence
back over the same route again. There is no
reason whatever for having tho Court hold
sessions at mors than one point. In other
States tho Supreme Court sits at the Capital.
Except in revenue caseB, its business is nlto-
gethcr appellate. Why IN appellate court
should be compelled to hold it's sessions in
various parts of tho State has never been sat-
isfaotorly explained.
But this bill does not meet MI the difficult
tics which now beset tho Supreme Court. 1t
is the practice to appeal pretty much every
thing TO the Supreme Court When man
wants time to pay o note, ho oxhaustB tho de-
lays Of the lower courts anl then appeals to
tho Supreme Court, such appeal giving him,
now, an average Of ono year before judy
mont can bo had against him. Every cnso of
noighborhood controversy, such rs the iden-
tity Of a calf, or the difference OF few
pounds In the weight OF load Of corn, and
Ill cases of alleged trcspass, which ought mover
to 10 taken into any court than that Of
Justice of the Peace, oil dna their way to the
Supreme Court for final adjudication. THIS is
one of the abuses Of the judicial system,
and cnlls for immediate remedy. III q letter
by Judge NcA1I1sTEn written last summer,
referring to this branch Of the matter, he cites
tho practice Of the railroad companies in ap-
pealing to tho Supreme Court every caso
,slero Judgment WIS obtained against then,
for livestock killed by tho trains. These ap-
poals arc taken to gain time, md to worry
plaintiffs into compromises, and literally
make tho Supreme Court substitute for the
fences tho law requires them to maintain.
Senator CASEY hos bill before the Legiela-
turo providing remedy for this. Ho pro-
| poses to establish IN intermediate appellate
court. But to secure dispatch In business
there ought to be several Of these courts
| The Constitution makes provision for just
such a necessity an now exists It provides:
Af.or the year OF Lord 1914 inferior appellate
courts Of uniform Organization and Jurisdiction, may
DO created In diatricts formed for that purpose to
which Hueh appeals aud wris OF the General
Assembly may provide may 10 prosecuted from Cir
cult aud other courts, and from which appeals md
wrIts Of error shall uo to the Supreme Court in all
criminal md Ia Which franchise, froc.
hold. the validity of statute involved, md Ia
| such other cases IA mny DO provided by law.
4 plan suggested by several of the most
experienced lawyers Of tho State. md who arc
| familiar with tho business Of tho Supreme
| Court, ia to constitute from four to five 81 in-
forior appellate courts" in districts includ-
ing convenient humber of tho present cir
QUITS. Tlteso courts could be composed OF
the Judges Of tho several circuits within the
district. AL appeals and writs Of error from
| Circuit Courts could bo taken to these appel
lato courts aud appeals and writs OF error
from these courts could DO taken to the 6u-
1
Ia which franchise, or freehold, or the
validity Of q statute ts involved Tho Legis-
lature has tho power to make the Judgment
Of these district appellate courts final,
except in the CLASSICS Of eases named.
It is therefore within the power Of the
Legislature to relieve the Supreme Court Of a
mass Of business which Ia taken there for no
other purpose than delay, and, without de-
priving utigants Of the right Of appeal in
any case, to secure the Judgment Of the su-
preme Court in all cases proper to be heard
by such tribunal. As 1t Ia, the Supreme
Court has not only Ia determine the law, but
to try the facts In vest number Of oaeos
which involve no new legal principle, and
which ought to hs determined finally by the
lower court.
We suggest to the Legislature that this or
some other plan, carrying out the oonatltu-
tionl pxovlsion foz intsftos appellate cousta,