The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-10-02
MANNHEIM BILL.
How tue Rebels Propose 20 Pack the SUI
preme Conrt-TWeive Additional sndgss
10 override ihe Present Court ~

The following 10 the tult text oil tns OH
now pending 10 the Hopseof Representa-,
tiyea 10 reorganize' the Supreme Court oil
the United States:
In the House OF Representatives, Jan.
20, 1880:
ON the Judiciary and ordered 10 be printed:
Mr.. Manning, Dem, OF Miss by unani-
nous consent, introduced the following
bill: a.e ~. :,
the United States.
Bs 4 enacted Gy he Senate and House d
Representatives Of tte United Stdtes Of Amerieq
in Congress Asltmbled, That the number Of
Justices oil the Supreme Court Of the
United States shall be, and Is hereby, in.
creased TO twenty.on and that twelve AS.
sociate Justices additional to those now
constituting that court be appointed by the
President OF the United States, by and
with the advice and consent oil the Senate.
SIC. 2. That there shall continue to be
one Chief Justice OF said Court. and out
OF the twenty Associate Justices there
shall be designated by the President two
Assistant Chief Justices, and the Chiet
Justice, and the two Assistant Chief JUS
tees shall respectively preside over the
three divisions Of the Court hereinafter
provided for. % 5S ~. tga
SIC, 8. At the first assembling Of the
Court alter the passage OF this act, and
the appointment and confirmation OF the
twelve additional Justices provided for In
Section l, aud the designation by the Pres
ident OF the two Assistant Chief Justices
provided for In Section 2, the Chief y US
lice, with. the aid OF the two Assistant
Chief Justices OF the Court, shall dlstrib-
ute the eighteen Justices into three diSi-
sions.
shall be assigned by the Chief Justice one
OF the Assistant Chief Justices provided
for in Section OF this act, who shall pre-.
side over the division to which he may be
assigned, and the Chief Justice shall pre-
side over the remaining division, 50 that
each OF said divisions shall be composed
Of one OF said Chief Justices and six AS
sociate Justices.
SIC. s. Similar distribution Of the two
Assistant Chief Justices and the Associate
Justices OF the Court into divisions, as
provided for in Sec, 4, shall be made at the
beginning Of every subsequent term OF tue
Court by the Chief Justices.
SIC. &. As soon as practicable alter the
distribution OF the two Assistant Chiei
Justices and The eighteen Associate jos
tees into divisions as hereinbefore pro.
yided for, the Chief Justice. with the aid
OF the two Assistant Chief Justices, shall
assign 10 the respective division, as near
az may be, an equal amount OF busine
which Is ready for argument upon the
docket OF the Court st said respective
terms, bat in such manner that as nearly
as possible all equity causes ehall be as.
signed TO one division, common law causes
10 the second division, and all admiralty
and revenue causes, and causes 10 which
the Government OF the United States Is
directly or indirectly q party, 70 the re;
naming divisions; but when the record
requires construction OF the Constitution
OF the United States or treaty Herewith,
and also all causes brought on writ Of
error from the Supreme Court oil any
State, the same shall be considered by the
Court in general session.
SIC. z. Each OF said divisions shall cit
itself and hear argument oil the business
assigned to il, and pronounce Judgments
thereon, according to theta and rules oil
proceeding now In force, or which may
hereafter be- adopted or established, and
said several divisions may each cit and
hear argument at the same time.
SEC s. II all, or six.sevenths OF the u.s.
tees assigned 10 the division before which
case or cause Is argued, concur in the
Judgment thereon, such judgment shall
be reported to the full Bench, and by II
made final, and no review thereof shall OF
right accrue to any person or party. IL
less than six.sevenths OF the members OF
the division only concur in the judgment,
the losing party upon compliance with the
reasonable rules therefor to be made by
the court shall be entitled to have the
cause reheard by such other division as
the Chief Justice may direct, or as may be
prescribed by the standing rule Of the
court To be adopted for that purpose.
SEC. 8. Ifupon such rehearing the judg-
ment first rendered be approved by the
division so rehearing the same, said judy
ment shall be reported to the full Bench,
and by 1t made final; but Is said judgment
first rendered be disapproVed by the di.
vision 80 rehearing 1t, then there shall be
rehearing by the remaining division OF
the Court, and the judgment shall be that
judgment in which msjority OF the jus
tees Of the Court shall concur, which
shall be reported to the full Bench and by
It be made final. II It be deemed proper,
the Court said cause may be reheard by
BY all the Justices in general session, and
the judgment shall be the judgment OF
majority OF all the members Of the Court
who may sit on such Iehearing.
SIC. 10. The whole Court shall Rit at
cab ,..ay, tk - III 10 h,, Al.
ness requires 1t, during the tenn, for the
transaction Of such business as may be
lawfully submitted to it. At such sessions
the Chief Justice OF the United States shall
preside; but in his absence, the Justice OF
the Court longest in commission, or such
other Justice as may be chosen at the time
10 preside. by the Justices who may be
present, shall preside. AT such sessions
the judgment Of the several divisions shall
be delivered and entered upon the min
utes OF the Court, and thereupon the Court
shall make such orders, judgments aud
DEGREES as the nature OF the case may re-
quire or the rules OF the Court may Direct
SIC. II. All writs, processes, and notices
shall BIZ tested, signed, and executed as
now provided by law, and be under the
control Of the Court as such are now un-
der It's direction and control.
SEQ. y. The Clerk OF the Supreme
Court shall, in person, attend the division
Of the Court which is presided over by
the Chief Justice, and shall assign q
deputy to attend the sessions oil the other
divisions. A minute OF the proceedings
OF the respective divisions shall BIO kept
by the deputy clerk who shall be assigned
thereto as may be directed BY the division
to which he may be assigned, hut all final
judgments and DEGREES shall be entered in
the minutes OF the proceedings OF the
Court In general session.
SEC. Is. The Marshal Of the Supreme
Court shall In like manner furnish a
deputy to attendthe sessions Of the several
divisions OF the Court, and to perform the
duties Of his Office as they have heretofore
been accustomed to perform forand under
the direction Of the Court.