The New York herald., 1877-10-17
Skirmishing Before the Battle on
the Southern Question.
FABIAN POLICY OF THE REPUBLICANS.
Measures for Relieving the Supreme
Court Docket.
THE APPROPRIATIONS FOR THE NAVY.
FROM OUR SPECIAL CORRESPONDENT.

FROM OUR SPECIAL CORRESPONDENT.
wAsuISGros, Oct. 10, 1877.
TIE LOUISIANA SENATOR QUESTION UNExPEcT-
EDLY PosTPoNBD-TEELrNG OF THE REPUB-
LIcANs ON THE SOUTHERN POLICY.
Tho democrats did not complete the rehearsal In
caucus this morning Of the speeches they intend
making on presenting Mr. sponord to The Senate and
80 that event unexpectedly postponed,
to the groat delight Of some OF the ad-
ministraton republicans. who have a secret
hope that Sponord may yet entirely blow over. Some
Of these gentlemen believe in the Presidents Southern
policy as the Maine candidate in favor OF tho
liquor law, but opposed to enforcing it, The friends Of
the administration that they coming to what
Western man called the prevarcation Of tho roads
and they strongly inclined 60 slow
They would like TO AVOID tue fight which is before
lhem and would be glad TO compromise on anything
short OF total surrender The result OF tho o Ohio
election seems 10 have dsheartened of them IL
has at least made thom cautious that they are
likely TO losc the initiation in the coming troubles
The antl-administration republicans meantime by
no means discouraged. They say privately that they
viii ''smash tho administruuon,n and they
evidently expect to do So The Senate
republican caucus to-day consulted together with
view to secure unanimous action, but agreement
ehis effect was reached. There Is report this cven-
Ing that the republicans OF all kinds desirous
f speedy adjournment OF Congress, being inclined
10 put OF to later date those natcrs which there
will arise serious differences II that both the
Southcrn and tho civil servcc policy Of the President
will meet with vigorous opposition in tho Senate and
that set attack will be made by republicans in both
houses on the Presidents civil service order together
with attempt to prevent the confirmation Of many
Of his appointments
On the the whole the President finds himself just
now at tho same point where General Grant stood
within month after he became President, when he
demanded OF the Senate tho repeal OF the Tenure OF
Omco act Whom the Senate showed nrm front
General Grant gave way, and that substantially
the end Of civil service reform under his
ton. his subsequent rebellions against tho Senate's
dictation having been feebo and Ineffective.
THE UNITED STATES CoURTs-soME MEASURE
1 NECESSARY TO RELIEVE THE PRESS OF BUsI-
NEss-JUDoE DAVIS PLAN FOR INCREASING
THE NUMBER OF CIRCUIT JUDGEs-CoNDTTIoN
OF THE SUPREME COURT DOCKET
The plan for increasing the number OF circuit judges
elaborated by Judge Davis, OF IllirVis. and Judge
4. Drummond. and which made public In tho
HERALD last Saturday, has attracted much attention
hero among prominent members Of tho Bar. Every
body agreed that change s necessary, and the
plan Of Judge Davis 10 double the number OF circuit
Judges and form with them and the district judges al
intermediate appellate court for certain cassos Of
causes. is generally admitted to DO sound
70 far as II goes But many abo lawyers here say
that It does not 80 far enough, and that 1t would not
after all relieve the Supreme Court, which is now
gricvousy ovcrburdened.
II Senator Davis shall bring forward his plan this
winter an amendment will probably DO offered 10 l.
Increasing tho number Of Suprsmo judges lat present
nine) TO either fifteen twcnty.one. and dividing the
court into three Sections each oil which should DO
committed the trial Of special class cases. For
Instance, the lrst section would try equity cases,
Ihe second common law causes, and the third admir-
Atty, revenue, patent and copyright causes When-
ever case involving constitutional question came
up tho whole Court would hear and consider II.
The necessity for such a division is found In the
manner in which the Supreme Court transacts its
business, which differs from that Of most other
courts In tho State courts each case is referred TO
ono OF the judges composing the bench who con-
Bders It and writes his opinion which Is thereupon
read TO tho full bench, and II they agree
II becomes tho decision of tho Court But all
Tho judges of tho United States Supreme Court separ
aey consider every before tnem each brings his
opinion to the consultation, and tho general opinion
which is that OF the Court is thon made up after con-
Bul:ation. II is easy to that merely to increase
tighten their labors, but would rather tend increase
them, the larger number consulting together would
uso moro tme To increase the number OF circuit
Judges, and form intermediate Appellate court for
criminal and for In which loss $40 900
Is at Issue would help the Supreme Court somo what
but not much, as there would always bo great desro
to have important cases go up to the highest tribunal
Everybody admits, however, that the number of
circuit judges should bc Increased at once and it is
proposed that there shall be three judges 10 each
OF tho present circuits. The circuits are so great
that population has increased the business
has grown out Of bounds For instance.
Judge Woods circuit includes the States OF Georgia.
Florida, Alabama, Mississippi, Louisiana and Toxas
Judge Emmons' circuit includes opo, Michigan, Kcn.
lucky ana Tennessee; Judge Dilons, Minnesota
Iowa. Missouri, Kansas, Arkansas and Nebraska. II
is urged that with three circuit judges for CIR
buit II would be possible 10 form, with the district
Judges, an intermediate appellate court In zach cir.
sut aud not work the circuit judges TO death.
The Sapreme Court has about opo thousand
Eases the calendar. by very hard work IL can get
through about threo hundred and 1fty year.
II may therefore DO said to be three years behndhand
which is very serious matter Tho Court ought to
be strong enough clear its docket any time with
In year. Justice long delayed is no better than
Justice denied; ard with the existing aud
before tho federal Courts, rather than before
stato courts, with their elective Judiciary, and tho
natural propensity of Iiigants to carry cases tho
highest court on appeal, 1t is not probable that tho
business OF tho federal viii decrease. 1t is
likely 10 Increase constantly.
Judge Davis plan, to increase the number OF tho
clrcu Judges has, la tho opinion OF Its friends hero,
one advantage--t does not uccd a Constitutional
amendment; Congress is competent TO enact II.
IL Is not ccrtain that tho plan OF increas-
Ing the numbers Of the Supreme Court and
dividing IL into sections would require tho authority
Of a constitutional amendment Judge Black ana
several other eminent lawyers here are said to hold
that does not, whilo others believe IL would But
constitutional amendment OF this character having
the consent OF the Bar OF the country and having no
political bearings could DO easily and quickly passed II
IL we're once agreed on in Congress. The whole sub
tect is likely up this winter for thorough dis