The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-06-07
Mr. fuckers Bill.

The lyhsq docs Mr.. TUCKER injustice IN
lin heading article OF yesterday. II quotes
a paragraph from some iournsl-na'ne not
riyen--in which Sir, TccEER is represented
as having introduced on Monday last into
the House Of Representatives bill grant
inn to the Supreme Court OF the United
States reyisorv power over the Judgments
and. DEGREES OF the highest courts in the
several States.o Inasmuch Ms the Supreme
Court OF the United States already has the
mower which il IL here represented Dir.
TUCKER desires to give to that tribunal ana
"a Mr., TUcEgR is the most learned lawyer
in the House, the story upon its very lace
carries Its contradiction. Mr. TUCKER IN
troduced no such bill.
What, then, was the nature OF the bill
which Mr.. TUCKER introduced? The Con-
oressional Record, the organ OF Congress,
tells us. We learn from that journal that
Mr.. TUCKER, by request-not OF his own
motion--introduced bill "to declare the
intent and meaning OF section 400 OF the
Revised Statutes Of the United States"
This section is the one which authorizes
tho Supreme Court OF the United States to
revise the judgments, and DEGREES OF the
highest courts in the several States. We
have no means Of knowing whether Mr.
TICKER will vote for the bill or not,
but as he required tile reporter to
state that ne introduced it by re-
Quest, the logical inference is that
he is not in favor Of its passage. We have
not seen the bill itself; but we learn from
the Washington Republican that it is Dill
declaring in effect that the revisory power
OF the Supreme Court extends to cases In
which the judges OF the highest courts IN
the several States were equally divided III
their opinions and so rendered no decision
In word. it is bill which seems to be IN
tended TO enable the Supreme Court OF the
United States to take mp the coupon case
which the Virginia Court OF Appeals re-
Gently failed TO decide because the Judges
upon the bench were equally divided II
opinion.
We do not suppose it is necessary to pass
this bill in order to give the supreme Cour'
OF the United States jurisdiction over the
case in question. II the intent and mean
ing OF section 700 OF the Revised Statutes
OF The United States be what this bill pro-
poses to declare it to be, then the Supreme
Court already has jurisdiction. And If it
has Jurisdiction, the Wing will bear wit
ness that that tribunal is not at all timid in
exercising its powers in such cases. But il
the bill should be defeated, ana il the SUI
preme Court could not take up the case IN
question for this reason, it would be the
easiest matter in the world to begin case
in any circuit court in the State, get de-
cision from the circuit judge, take the case
up to the Court OF Appeals, and thus secure
q decision which the Supreme Court OF the
United States could reyicw-for the effect
OF a divided court upon an appeal case
would be the affirmation Of the decision OF
the circuit court, and therefore the case
could be taken up to the Supreme Court OF
the United States.
On the whole, then, it would seem that
while the bill which Mr.. TUCKER introduced
might expedite matters and secure an earlier
decision Of question which cannot too
soon be decided, the question can easily be
brought before the Supreme Court even ii
the hill he defeated --------------- ---.----