The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-19
ICON GREss.
HOUSE.
-,WAsHrseroN, February Is, 1870


the United States; also whether any pub
lie necessity existed therefore. Objection
being made to the present consideration,
the resolution waalslaid oYeriorone day
Mr.. Robbins (EoSlh CaroliHa) offered
q resolutionS calling on The Secretasyoi
War for information as TO whether since
the Goth Of March, 1868, any army officers
have accepted and held any appointment
IN theIdiplomatic or consular service and
were still borne on the army list, and
whether any army officer having held
such appointment now holds his rank in
the army and draws pay therefor, and il
10 by what authority.
Objection being made TO its present
consideration, the resolution was laid
over for one day.
THE Speaker then called;on committees
for reports of a private nature and .
number were reported and acted on. 6 '
BIRTHDAY MADE A Ma
TGoNAL HOLIDAY.
Mr.. Cason offered resolution declar'
ing the 22d Of the present month (George
Washington's birthday a national holi'
day. Adopted.
THE JUDICIARY BILL.
The House then, as tle,special order
took mp the consideration of the bill to
reorganize the Judiciary of the United
States.
Mr.. Garfield made an argument in the
support Of the amendment to the bill
which proposes instead OF having the
Court q Appeals al Louisville 70 have II
setting successively at Louisville, Cincin'
natl and Cleveland.
Mf. Knote, Chairman Of the Judiciary
Committee, closed the discussion with q
speech in favor Of the bill. He appealed
10 the members not to endanger the pas
sageof the bill by riyalries Of localities
Personally helhad nothing TO dowith the
fixing Of places where the courts should
be held. That question had been deter
mined by the committee, and the decision
had met the appreciation OF the Judge OF
the Supreme Court. As to the question
between Cincinnati and Louisville he
suggested that the difference in distance
was Of little Importance under thepresent
system Of travel, and that there was but
four hours difference in time between
these two cities, and that the accomoda.
tions for the Courts Council were equal
to those Of any other city. he thought
that the safety OF the bill required the
voting down Of all proposed amendments
except that proposed by the committee
itself, substituting New York for Albany.
The latter amendment was agreed to.
Mr.. Lawrence submitted the following
points OF the bill:
l. The bill will relieve the Supreme
Court so it can speedily decide all cases
which may come 10 it.
2. A new Court ofaAppeals isproyided
for each circuit to finally dispose OF cases
involving less than 10000. This court
will be more convenient to bar and suitors
than, the Supreme Court. .sy,-,.-..-
8. The Court Of Appeals will have
Jurisdiction to reverse Judgments; in
criminal cases there is no provision for
review.
4. The bill requires Circuit Court to
be held at every place where a District
Court is held. This will add to the con.
yenience OF the bar and suitors.. The ex-
penses are reduced by giving the same
Jury TO the circuit and district courts, un-
less where the business requires two.
G. The expenses will be reduced by re-
iucing the number Of jurors, the distance
Of travel for jurors and witnesses. ,l
z. The bill provides for making new
parties to writs Of error in the Supreme
Court without requiring revivor in the
court below. These are all Improvements
and advantages on the law. .s5.
Mr.. Culberson, Of Texas, made an argu-
ment against the whole bill .'
On motion Of Mr.. Knott the 10th sec
lion was amended by inserting the words
Except in capital cases" i" so as to provide
that writs Of error shall not operate in
cases as q stay Of proceedings
except in capital cases. .-.5, &,
The next amendment voted on was
that Of Mr.. Payne to strike out the word
LOUISVILLE and insert the words "Lou-
isyille, Cincinnati and Cleveland success
sively." Negatiyed.
The next amendment was that OF Mr..
Lawrence to substitute Cincinnati for
Agreed to. -
The amendment offered by Mr.. Brad
ford to substitute Mobile for New Or
leans was rejected. ~.
The amendment offered by Mr.. Hop.
kins To insert after the word "Philadel.
phia" the words "and Pittsburgh alter
aately" was rejected, {. j..
The amendment offered by Mr.. Reagan
to reduce the limit within which appeals
are to be allowed from SIC, 900 to 5000
was rejected. -.'8.,i als
The next amendment was the one of
fered by Mr.. Reagan to strike out the
18th section, which allows the expenses
to District Judges,while attending courts
Of appeals at places other than their own
residences. Negatiyed-yeas l20, nays
l2G, 10 lli1sf l.,.ii a. y 1ata
The amendment offered by Mr.. Wells
to substitute JackSon,for New Orleans
was rejected su1. 49, y. I.
The amendment otfeted by Mr.. Hooker
70 add provision that the senior Judge
IN the Court Of Appeals shall not preside
In any case decided by him as such Dis.
trict Judge was agreed to. .l
The amendment offered by Mr.. Q 0'Brien
to substitute. Baltimore for Richmond
was rejected.
The amendment offered by Mr.. Tucker
allowing appeals in all criminal cases was
rejected. ,,.,,. ssH~ ~
indianapolis for Louisyille was
rejected.
The amendment offered by Mr.. Baker
to add after the word Louisville, the
words sand 1ndianap D alternately was
rejected.
The amendment offered by Mr.. Couger
that appeals from the Eastern aud West-
ern Districts Of Michigan Shall be taken
to Court at Chicago was agreed to.
The amendment offered by Mr.. Vance
adding 10 the word Richmond the words
"and Raleigh alternately"w was rejected.
The amendment offered by Mr.. lap
ham requiring the Court Of Appeals 10
be held at New York and Syracuse alter
nately was rejected.
The amenda6ntoi Mr.. Caldwell rsquir.
ing the Court OF Appeals to be held at
Cincinnati, Louisville and Nashville al
ternately was rejected. III IL 5,
This disposed Of the amendments that
had been offered. ''
Pending the vote on ordering the bill
to a third reading the House adjourned.
! The session tO:n0rrVy will be for gen.