The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-09-29


making OF good deal Of bad law. But the
radical objection TO this plan would be that
unless the additional Judges were made
permanent part of the supreme Court, ana
continued MS n permanent second chamber,
the accumulation of business would 70 on as
fast ns il does now, unless relief should be
applied in another direction.
Tho Supreme Court cannot be relieved
without going to the root of the whole diff
Guilty. Tho administration Of justice in the
Circuits mast be reformed. The plan Of crc-
ating Circuit Judges, which was adopted
seven or eight years ago. for the purpose OF
relieving the Judges of the Supreme Court
from the performance Of Circuit duty has at
most only enabled the Supreme Court to be in
session for six or seven months In the year;
and, even with this relief the Supreme Court
has not been able To clear its docket in any
one year, or in two years. We are not able
to speak with certainty in regard to other
Circuits, but we are informed by those who
ought to know that in this Circuit the ac-
emulation of business is so great that there
is, for about two-thirds of the suitors, n prac-
tical denial of Justice. Whether the disposal
of such a mass Of cases is beyond the powers
of any one man, or is beyond tho powers OF
the present Circuit Judge, with all the as
sistancc that he can have from the District
Judges, the fact remains that the business iS
not done.
If there were were n prompt and efficient
administration OF justice In the Circuit, the
time that Is consumed in any case in the
Circuit Court could be reduced on the aver
age TO about six months; in many cases to
much less. The number Of appeals 10 the
Supreme Court, even In cases where the
amount in controversy admits of an appeal,
would be diminished by well-considcred and
well-rcasoned decisions at the Circuit, II the
Circuit Judges were able to devote to the
cases proper examination of their merits.
As it is now, many cases go TO the Supreme
Court for want OF decision at the Circuit in
which the parties arc willing to aequesce.
But If, after all the possible remedies for the
present state Of things have been applied at
the Circuits, there continues to be an accu-
mutation Of business in the Supreme Court
greater than can be disposed OF in one term
Of seven months, then let some plan be re-
sorted to for increasing the number Of the
supreme Judges, dividing the Court into
two chambers, and classifying the cases,
taking care, OF course, that all constitutions
al questions shall be heard and determined
by at least majority Of all the Judges,
with the Chief Justice presiding.
This great and crying evil Of the delay OF
justice in the Federal courts will cause us to
look very carefully at the appointment that
may be made by the dc fdcto President to
the present vacancy on the Supreme Bench
If any political motives enter into that APP
pontment; if it is made with any view OF
strengthening what Mr.. HAYES Is pleased to
call his Southern policy, or for any purpose
but that Of obtaining the best qualified
jurist who may be within his reach, we
shall certainly regard 1t as mere job, and
we shall favor no further increase Of the
judicial force anywhere during this Admins
traton. 1t would be- better TO bear while
longer the ills we have than ily to Others
that we know not Of. Whatever may be the
wants of the country, Congress should not
throw into the hands Of the present Admin
istration an increase Of judicial patronage
TO be used by President situated as Mr.
HAYES is, for the purpose Of multiplying
partisans for himself, OF for anybody who's
pOs,.u 10 IuVJr. 'Ont OF -cIas iGCeu be- iS,.0iS
the difficulties attending the present stat
of the Executive Office is, that a Prcsiden
with such title as Mr. HAYEs's is more o
less restricted by his position in his choice O
men for the highest public stations; for /
cannot be agreeable 10 hlgh-minded men t.
ask for or 10 receive appointments from
President whose possession OF the Office the,
cannot regard as rightful.