The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-03-01

Nt0UlOI DAN ID tUllS lutIu t'ui u VI ~
We think the first name is preferable.
There are Courts of Appeals. expressly so
called. in many Of the States already, and
the introduction Of the name into the Fed
crnl judicial system is likely to cause some
confusion.
The Court Of Review, contemplated by
Mr. CoNKLrSG's bill, for each circuit, is TO
consist ~ the Circuit Justice (of the Supreme
Court Of the United Statesl, the Circuit
judge. and the several District Judges
within the circuit. All the Judges of the
United States who can hold a court of any
kind in n given circuit are made members Of
the Court Of Review with power to sit there
in at any time except in review of their own
decisions. In our own circuit, the Second,
the court would bc constituted a. follows
Mr.. Justice llUNr Of the Supreme Court at
Washington Circuit Judge BLArcnrORD,
Judge BENEDICT of the Eastern District
Of New York, Judge WALLACE of the
Northern District Of New York. Judge
SHIPMAN of Connecticut, and Judge
WHEELER of Vermont Until the Office
vacated by Judge BLArcnFoRDs promo
tion Is filed. there would be vacancy
in the place Of District Judge for the South
crn District of New York. As the need of an
Increase i'm the Federal judicial force here is
admitted on all sides the bill authorizes the
appointment Of two additional District
Judges for this circuit, who may hold Cir
cult or District Courts in any of the dis
tricts. and who will also be members of
the proposed Court of Review. Three
Judges Of the Court will constitute quo
rum. but In important cases ii will bc poss-
blc to have the appeal heard by all the Fed
eral Judges of the circuit. except the one
whose decision is appealed from giving US,
in this circuit Il court OF seven members.
On the other hand, the Court Of Appeals
which Senator DAVIS wants to establish in
! each circuit, would consist of the Justice of
the Supreme Court assigned TO the circuit,
of two Circuit Judges, and Of one of the
! District Judges to bc designated for spc-
| ciiic period by the senior Circuit Judge.
His bill provides for the appointment Of
an additional Circuit Judge in each cir
cult. Now, under the laws Of the
United States District Judge can
hold both District and Circuit Courts.
but Circuit Judge can hold only
Circuit Courts, so that the appointment
of additional Circuit Judges will not facii
tate the rapid disposition of causes nearly
so much as the appointment OF additional
District Judges. II will relieve the Circuit
| Courts to some extent. but will not relieve
the District Courts at all. In this respect
the plan Of Mr.. DAVIS is inferior to that of
Mr. CoNKLING.
There are also manifold objections to any
arrangement whereby Judge is sometimes
a member Of particular court. and some
times not Awkward questions will bc apt
| 1. a. 4. 4
trict Judge provided for in the bill intro
duccd by senator DAVIS il or is not a Judge
Of the Court of Appeals at particular pc
riods. II is much better that the status of
all the Judges Of the appellate tribunal
should be- permanent and fixed.
Another advantage Of having the Court of
Review composed chiefly Of District Judges
is that they are most familiar with the
trial of all the various classes Of cases
which will como before the court on appeal
If, however, the court consists of the JUS
tce Of the supreme Court two Circuit
Judges. and but one District Judge. a. pro-
posed by Senator DAVIS, 1t might well hap
pen that three out of four members Of the
court would never have tried an adj
mralty or bankruptcy case, and
would be comparatively unfamiliar with
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the Court Of Review. His duties at Wash
ington. and the requirement of law that he