The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-04
FOR THE RELIEF OF THE COURTS.

There Is one suggestion made by Mr.. Hayes
In his message which merits and will doubt
less receive the immediate consideration OF
Congress- We allude to the necessity Of ad-
ditional legislation to relieve the Supreme
Court of the United States. the inability OF
which to discharge the onerous duties placed
upon it amounts to practical denial of JUS
tice. At the present time there are not less
than 900 cases on the docket, OF which 1t will
not be possible for the court to dispose OF more
than 800, leaving the work OF two years I'M
touched, besides the number OF new cases that
will be docketed at the present term. A mere
statement OF the fact is all the argument that
is necessary to convince any one OF the i'm
mediate necessity OF q revision and further
Limitation OF the far too extensive appellate
jurisdiction OF this tribunal, and OF the es
tabllshment OF inferior courts which will sup
ply all the facilities that suitors require.
Under the existing laws several years must
elapse before case can be reached, In its
regular course, and this condition of affairs Is
growing worse every year by reason OF the
enormous increase OF litigation, great deal
OF which Is OF character 50 triinR and In
wolves such small sums that 1t should never
have reached the Supreme Court. This evil Is
great drawback to commerce, serves to
bring courts and the methods Of judicial pro-
cedure into great aisrepute, and destroys
credit. or else bases IL on q system Of CONNER
cal ethics which has no compulsory process,
and amounts to nothing more than a sort Of
code OF honor, such as maintains at the card
table or on the race course. Any debtor who
chooses not to pay from any dishonest pur-
pose has only 10 put his case In court. and ne
is assured five or six years of delay at the
shortest.
Appeals in cases involving sums Of $4,000
are now allowed to the Supreme Court, and
| the result is the practical estoppal OF justice
| It has been suggested that the Supreme Court
might. even now, by judicious economy OF
time. somewhat facilitate the discharge Of
business. For example. Monday OF every
week Is devoted to the reading OF opinions
which consumes the entire day. BY simply
calling the case and announcing that the Iudg
! ment Of the lower court Is affirmed or re
yersed, and filing the written opinions, this
day might be saved. But this would be bu
a thrilling relief and would not obviate thu
necessity for legislation.
The President recommends "the creation o.
additional judges, as proposed In the Attor
ney Generals report, which would afford I
complete remedy and would involve an ex
pense- at the present rate OF salarles-of no
more than 100000 year"
There are now pending in Congress severa
bills proposing various remedies for this EN-
barrassment, embodying tho suggestion 9
.. 90 Inf III Hot
court OF appeals and q further limitation c
the appellate jurisdiction Of the Suprem
Court.
In the case of our State Supreme Court thi
same embarrassment exists to no less an e1
tent, and the necessity for remedying 1t
even more imperative. The truth OF the bus
ness Is that the whole judiciary department
both State and Federal, must be entirely r.
> constructed and the facilities for litigatio
immensely increased. The present system
were organized at a time when the work tf
] courts have to perform now was not eve
dreamed Of When they were organized an
, their methods of procedure and practic
l established, the trite saying, time 70 money
S ! had not the significance attached to it now b
t every merchant Their slow processes ma
9 have suited the old days OF sailing craft az
! turnpikes. II the courts are longer to renal
0 the arbiters OF commerce they must get OF
2 OF the old rut and adapt themselves to ii
= needs and the spirit of this day of steam al
b electricity, otherwise they will fall into di
Q repute, and extra judicial arbitrations WI
take the place OF litigation and commerce.
e custom the place of law.
J,
Tho JTnion Pacific Central Pacific and Is