, 1876-09-12

Somo weeks ngo Tue TRIBUNE called tho
| sttontion Of the legal profession aud the pub
lie genernlly TO the admitted fact TINT tho
Supreme Court Of this State has 1argor share
Of responsibility and actual labor put upon
it than it can discharge we'll and faithfully.
As tho Court is just convened at Ottawa, NO
print IN interview with q Chicago lawyer,
who is perfectly fa1niliar with tho work and
practice of the Court, and reference to his
statcnlonts will show fully that tho facts bear
out the danger Of Increased complications in
| the law books and now occasions for litfga-
ton. There are about 700 cases coming be-
fore the Court now Inst year 1850 casos
| woro brought to it. An theno arc only uovon
Judges, oven fair division Of tho work would
1cayo about 200 cases to each Judge, which
ID moro tllan ono man can examine thorough.
| " md pass upon finally but g,,cl division
really vitiates the theory Of the Supreme
Court, which, being tho Court of last resort,
ought to give tho combined experience, loarn-
Ing, and research Of tho seven Judges to
ovory case TINT comcs under its considera-
tion. This Is simply out Of the question
Under tho present system. The result is,
that tho casos are divided, mud tho Judges
aro forced, rs o ru1e, to rely upon the find
ing of a single ono OF thoir nh1nbor who is
himself overworkcd, OF, at most, two or
three to cach caso. Tho result hns been
series Of revcrsa1s aud contradictions in tho
decisions which incumbcr the law-bool;s,
confuse tho lawyers, and increase litigation.
Many instances Of these contradictions are
cited in the interview VIC print, and some
of them llavo beon found oven in SO
simple matter of commercial law as
the making Of ~ promissory note. It
il not astonishing that tho Illinois
decisions command diminished respect IN
other Statea, and somonotion Of the confusion
and 1ack Of confidence nay DO found in the
circumstance that there nre some soyonty-
eight petitions for rehearing peuding at the
present session,
The Supreme Judges havo determined this
year, VIC are informed, to consider only a
comparatively small number Of tho casos
tint have been brought before thona. Tho
determination is wiEo ono III no far ns It
will enable them to trent we'll nnl consolen-
tiolisly tic cases which they actually con-
slider, but 1t will necessarily lcavo IN accu-
mutation Of cases to grow from year to yoar
until the Court shhll be hopclessly involved.
The only permanent remedy for tho evil is a
change in the aYaton,. As 1t is now. every
dispute at Inv, 10 matter how trivial,
can bo carricd 10 the Supreme Court,
md Inns MI equal claim upon the conailera-
ton ot tint tribunal. a tlcsire for dclny Or
motivea Of Hpito get q hearing wllcra fcw
dollars arc involved M we'll as tho most I'LL
portant principle Of jurisprudence The
remedy arst suggested by TuE Tribune is
approved by tho lawyer whoso statementa
VIC print this morning. It Ia to create inter-
mediate Appellate Courts, which ahall hive
authority to dispose Of cascu originating In
tho Justiccs' Courts, mud alyo those tho final
determination Of which resta upon tle con,
str,,csion of tho 'facta. This systen, would
1eavo the Supreme Court open only to cascs
involving tho validity and construction oi
tho statutes, now questions Of law certified
by the intermediate Courts, questions oi
franchise and fraoho!tls, and law-suits il
which the issue las value oi
more thai, $500. Tia Legislature l,as the
power 10 croato these intermediate Courts and
determine their claractor ana duties. They
should be created by the roxt Legislature il
order to Afford quick roliet to worry HerI
ous embarrassment; ii delayed longor, Il
|, may be necessary to resort to q constitutions
! scheme for q temporary Commission OF Ap.
Yealn, such O. woa adopted In Now York, Il
dispose OF tho accumulatlons on tho 6u
preme Court docket, Certain 1t Is that, NJ
matter how ablo our Supreme Judges may
J be, nor how consciontiously they may dis
charge their duties, the law OF Illinois, a,
construed by that Court, will always ba mor<
, or less vaoillating and contradictory, unit
1t shall be ablo to give all, questions Of Ian
the deliberate and mature consideration O.
Ill tho Judges which they demand.