The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1877-05-31
Cuow-CHow


EDITOR CHIEf:-I have read both the cominunea-
tions in the Champion upon ''our Courts, and also
each of the editorials commenting upon and review
ing said communications. .X- says: at is well
known that the Supreme Court is orerbwdened with
work-it is far hehnd its docket-some three or four
hundred cases. least and this from fault of its
own, as its Judges well known, of established
character, and possessing both industry and ability
But it results from the law which allows an in
finite number of small cases. involving no important
legal principle, and Of trivial amount as to the subject
of controversy, to cucumber the docket of the Su-
preme Court and to occupy the time and energies Of
its Judges The italics mine. Then, ks rem
edy is limit the right of appeal in Justice and Dis
trict Courts to much larger amount than the pres
ent law allows, and thus relieve the Supreme Bench
of work-regardess of the rights of tigants who may
wish to get relief in said Supreme Court failing to
get it in the inferior Courts.
With all due Difference to the dignity of the SUI
preme Bench the character of its Judges, etc. permit
me to say, that one cause much any other, Of
the difficulty complained of by "X,- and by many at
torneys and litigans the lack in the Supreme Court
as body Of that very industry ascrbed to each and
every member of said Supreme Court by "X." Grant
them the ability which X" says they possess surely,
then the .ainitc number of small cases, involving
no important legal principle" would be briefly decid-
ed and disposed of immediately. soon amer hav-
ing been heard without occupying but very little Of
the time and very little of the energies of said Judg
Time and energy thus husbanded, could be given
to the hearing and determining of other causes and
that infinite number of small which are such
burden, could be disposed Of and thus the Court be
relieved of about all the business before them, accord
ing to the language of, az for understand it,
that word insite would include the couple Of hun
dred cases the docket each term.
The fact is, that many of the that 90 to the
Supreme Court do not involve many and import
ant legal principles; but from the number of cases
rerersed every term, lawyers believe that unimport
ant as they in that respect, they important to
their clients and slonld be decided according to law,
and hence they find their way to that tribunal If
the people and attorneys had more confidence in the
ability of the inferior Courts of our State, many Of
the District well the Justice Courts then these
small eases, involving unmportant legal principles,
would reach said Supreme Court; but inasmuch
the attorneys have not that confidence in said in
ferior Courts they in many compelled to
to the Supreme Court in order to get determination
of their clients rights upon which they rely, be-
lievng that said Supreme Court will quickly dispose
of them rightly for lawyers Of the ability and expe-
| rence such Supreme Bench is generally compos-
ed Of should have no difficulty in deciding them
their time and energies. My remedy, then, is, elect
lawyers of experience and ability to the District
Judgeship, such Judge A. g. Otis, and then but
few of those unimporant legal questions which
up from the Justice Courts, will reach the Su-
premc Court but while in many Districts the Judges
preemnently lacking in experience, to say moth
ing of ability, and these unimportant cases, as
consequence, do reach the Supreme Court then have
the Commissioners revise See. H. ch a. of the General
Statutes of 1868, which reads follows: The
opinion of the Court shall, in all cases, as
practicable, be reduced to writing, and filed in the
which relates TO read follows after the
word filed: Prorided that in shall the filing
of the opinion be delayed for longer pcrioi than
three months after the final hearing of said
Then in my opinion, would the majority of these
important be decided, they could and should
be- shortly after hearing and not held under advise
ment for months, to occupy the time and energies Of
the Judges which could then be given to the hearing
of other causes with which the docket is now, from
term to term encountered that-''ninite number of
small cases, involving important legal principle"
spoken of by "X- NOMOS
TROY May 81, 1877.