The New York herald., 1877-10-13
7HE FEDERAL JUDICIARY.
Senator Davis Plan for Relieving the Dockcts
Of the United States Courts.
REASONS FOB A CHANGE.
Present Condition OF Business and Neces-
siy for the Increase Of Judges
THE VACANT SEAT on THE SUPREME BENCH
[BY TELEGRAPH TO THE HERALD. ]


[BY TELEGRAPH TO THE HERALD
CHICAGO. Oct. IL. 1877
The rcpresen tatvc OF the HERALD called upon
Senator David Davis, at tho Grand Pao,ac Hotel.
to-day, and questioned him regarding his bill intended
20 revise Tho judiciary system OF the United STATED
The Judge has work this scheme for some
time past, and during his soourn hcre has been 10
constant consultation with Judge Drummeud OF tho
United States Circuit Court eci,ing from thai able
jurist points upon which 10 act In drawing up hts
plan OF judicial reformation.
THE MEASURE PROPOSED
In tho course OF tho conversations above alluded 20
the question was asked whether 1t hts intention
TO reorganize or increase tho supreme Bench
.Sot n ALL" replied Judge DAVIS. II had not in.
tended say anything about IL TIL tho oll per.
feeied. but IN tell have been CT work at u all
day with Judge Drummond ana have only drafted
the main features OF it yet. In respects Il 10
similar to a bill introduced by Mr. McCrary OF Iowa. at
tho last session. and known the McCrary bill. II
passed tho House, but acted In
tho Senate. That bill provided for tho for
nation OF an intermediate appellate court in
zach United States circuit The Court would DO COM
posed OF the circuit judge and tho district uogss OF
cach circuit The iull Bench would DO compo sed Of
i've judges but three would DO quorum. THIS Ap-
pelIate Court would havo jurisdiction Of oil OF
each circuit. provided the under
$4,000 II would also have jurisdiction OF criminal
cases Al present there Is appeal IRON the
decision OF tho Circuit Court in criminal
cases II must hnal The BaI
OF all the circuits and the judges have always felt that
this sevcre responsibility and II II their almost
unanimous opinion that . court Of appeals should bs
given power to review tho findings in criminal casss
This Appellate Court would not have Jurisdiction IN
any case In which the amounts exceeded $10, ,000 or
in which any constitutional question, treaty act OF
Congress was point 81 issue This IN bret Was tho
McCrary bill. It's object good-unmely, to lessen
tho pressure Of business the Supreme Court Of
United statos.
OBJECTIONS M'cRARY hill
"But there are grave objections IL, and will
state them you. In The hrst place let mo say, and
wish that fact could bc duly impressed upon Con-
grcss tho Supreme Courtis terribly overloaded with
business, aud the press Is constantly increasing"
.'How far are they behind now 2"
"About two and half years, and there Is little
hope unless something Is done to relieve tho Court
that the arrearago can over be brought up. Tho
business the Court grows with the increasing bust
OF tho country and can easily SEQ that when
South regans her prosperity will add largely to
the work be done in the Supreme Court. Move
some change rs necessary TO allow the Supreme
Court dispose OF tho business TINT is already
mulated and 10 attend to that which Is inevitable
McCrarys bill is designed to effect this object, but
has fatal defect In lighteuing the abors OF ths
supreme judges it doubles thoss Of the already ovar
worked circuit Judges am familiar with this whole
matter, Tor have given u time
and attention, and know TINT tho circuit judges
OF the United States courts have work now
than they can do. Now r add 70 this the business
OF this Appellate Court viii simply 90 making
bad mattor worse. There be no doubt OF the
urgent need for this Appellate Court, bat n
would be idlc 10 attempt to improve matters by
simply transferring the congestion OF busneas from
the Supreme TO the Appellate or Circuit Court. the
growth Of the federal Judiciary has not kept pace
with the growth either Of tho business OF the country
or the State Judiciary"
yupGK DAVIS Plan.
s'May ask what your plan Is, Judge?n
"Tho bill which Judge Drummond and myself have
been preparing contemplates doing all that McCrarys
bin docs and moro We have not completed tho do.
tails yet but ~ main features similar 10 those OF
the Mccrary bil BY the way, the first step In this
direction taken by Senator Ira Harris Of New
York, In 1864 or 1905. think passed the Senate,
but not tho House. We would have tho num-
bcr OF circuit judges doubled-that Is, have
two circuit .juigcs OF coordinate Jurisdiction In
each oil the present circuits THIS would relieve tho
district judges OF the circuit work thoy
PEELED 10 do Tnen tno Appellate court could De mnd0
up OF ve judges In snch circuit. the senior Circuit
Judge presiding This Court should have appellate
jurisdiction IN all issues Of TACT IN which the nmount
Involved does exceed $40, 000 Oi course u would
not have Jurisdiction of cases IN which any consttu-
uonai question. or any treaty, or the construction
OF any net Congress involved. IL would
have JURISDICTION OF appealed criminal cases.
TINS Is the only way that can 500 10 relieve the ted
eral courts. aud relief NUT como soon. Men seem
notice the act that the growth Of the country
demands something IKE corresponding growth IN
| the national judiciary"
sHow many circuit Judges there 2D
'Oniy nine. fnc measure propose and viii pro.
sent TO Congress would increase the number 70
.'w na, is tho salary OF a circuit judce?"
"S,x thousand dollars year. Very little for the
ability requisite and the work to DO done. Tho in
Dsssa Necessary s''c coar, would Ss per year cay
think other way IN which SO much good could be
done for 80 small nm expense"
HAS there not been some talk OF increasing the
number OF associate justices on she supreme Bench
with view TO tho more rapid TRANSACTION Of busl.
nessyn
ssThat notion ariscs from popular mistske No in
the number OF justices would hasten the bust
OF the the least. You that the Su
premo Court each Justice hears the arguments learns
the facts anu consults the records for nmsel TINS
what takes mo IL doesn't take long TO write opin-
ION after ones mind Is made up Each Judge draws
MS own conclusions, and then tLey all meet and after
discussion come to a dnal CONCLUSION. Nine members
are enough Tor supreme Bench. Put in
and more time VIII be wasted A smaller
number sit around u table and discuss
versstionaIly ana reach Just CONCLUSION with moro
only way IN when the Supreme Court could expedite
matters now would DO 10 have u divided up INTO Sec
TONS one taking this and another that branch of
rsprudcncc. the decision of each section be I'm u
on matters submitted TO u. An attempt 10 40 THIS
would grave Constitutional question whothor
liigants coming before tho Sapreme Court Of tho
land entitled TO the individual judgment OF
each mombcr OF the Bench. am rather inclined TO
tho opinion the objection would well founded"
"Do you intend to INTRODUCES your bill at tue special
session 80
Il have only the rough draf OF IL yet, but will per.
feet u as soon as possible All the details are TO be
nliei yet and tncre may he sight changes IN
H. but the main features havc given you. IL an
important measure, and one that demands
tcntion."
''Do you suppose that the economical streak Con.
grcss has taken vi late Will interfere with It's sue
cesa2n
Well. can't say, I'm suro, but don't think that so
necessary measure win be hindored by any false
tions OF economy"
THE VACANT SEAT.
"ro change TO another subject, SENATOR who do you
think will be appointed to the position vacated by you
on the Supreme Bench ?''
al cannot tell | hope that Judge Drummoud will
he Hn ufpIU At~ 81 - 49,.