Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1880-02-04
From Our Regular Correspondent
Washington Letter.
WASHINGTON, D. G.. Jan. 81. 1880.

WASHINGTON, d. c.. Jan. 81, 1880.
There has long been a necessity for an
increase of the capacity of the highest
judicial bench of the government. and the
bill introduced by Mr.. Manning TO in.
crease the United States supreme court to
twenty-one judges has become a subject
of general consideration with the legal
profession Of the country, and has received
the approval of many eminent lawyers.
1t has become indispensable to extensive
business interests to expedite the work
which has accumulated before the supreme
court. Prominent attorneys in Washing
ton and other cities say they have cases
before the court that cannot, with the
present organization of that body and in
the regular order of business. be reached
in less than five years. That of itself is
sufficient 10 induce congress to provide
some remedy. How many persons are
there 10 condition to wait five years for
justice, after having borne the expense and
tedium Of fighting their causes through
the lower courts? 1t is reasonable to
suppose that many cases are abandoned
by those who have law and equity on
their side rather than wait for decision
by the court of final resort. The Manning
bill proposes to increase the court to
twenty-one judges and to subdivide it into
three sections, or sub-chambers, each con-
sisting of seven judges, including the one
presiding. There shall be a chief justice
and two associate or assistant chief JUS
tees, who are to preside over the three
sub-chambers. One of these sub-chambers
shall have jurisdiction over equity causes,
and the other over admiralty and causes
in which the United States is party.
The decisions of sub.chambers must be
submitted to and passed upon by the full
court This is to comply with the provis-
ion of the constitution to the effect that
there shall be lone" supreme court.
The subdivisions are for the purpose Of
facilitating business. Another idea of the
author Of the bill is that it will increase
public confidence in the supreme court
and add to the respect Of its decisions, 10
increase its members SO that it can be
" natonalzcd by having all sections of
the country represented upon the bench.
The twelve additional judges proposed in
the bill would be appointed as those now
on the bench-by the president, "by and
with the ADVICE and consent of the Sen
ate" Parties who become involved in
litigation with corporations frequently
suffer because of the inability of the SUI
preme court to dispose of the business
that comes before it. Corporations EN-
poy attorneys by the year, and, therefore,
they fight causes to the last An increase
of litigation does not cost them any in
crease of expense; but it is different with
the individual who must pay as he goes,
and to whom it is great burden, perhaps,
to follow an appeal to the supreme court.
Unless there is 4 large amount involved
the corporation often escapes by simply
carrying the cause up to the highest court.
The number of United States circuit Judges
was increased some time ago, and their
jurisdiction enlarged with the: view of
relieving the pressure upon the supreme
court, but the effect was the very reverse
of what was anticipated. The increase
and enlargement of lower courts only
added to the cases sent to the supreme
court Where the stake is large enough
to warrant the outlay persons will insist
upon having the decision of the court of
final resort. Congress and the bar now
realize this, and the object is to give the
highest court power and facilities for
disposing promptly of the business that
comes before it.