Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1880-12-16
The supreme Court.

~
The Supreme Court.
Ed. Register
Considerable attention has Of late beer
attracted to the fact that the d. cket of the
Supreme Court of this State is osercrowded
with cases, and that each year the court falls
more and more behind with It's work. Several
remedies have been suggested but as the Con.
stitut'on Of III s State limits and defines the
powers of the several courts, constituting the
Judicial Department of the State, it has been
held, and without doubt correctly, that the
Legislature is powerlets to provide complete
remedy. and thai the evil can only be reached
by an amendment of the Constitution, to be
proposed by the General Assembly, and voted
upon by the people at the next general cleo
tion in 1882 In the mean time, the evil will
20 on and become almost denial of justice.
Under thesa circumstances several remedies
have been suggested, such as additional Courts
OF Appeals, the establishment of a Judicial
Commission to assist the Supreme Court to
clear the docket, and others, and amongst the
latter, strange as it may seem, some parties in
st. Louis are in favor OF aboliehing the Court
OF Appeals altogether. The reasons for this
latter proposition are not very clear, however,
3. It appears from an article In the Republican
Ut December 18th instant, that the Court OF
Appeals has very considerably lesseneG the
labors of the Supreme Court, as during the
past five years the Court of Appeals has de-
termined l S32 cases, OF which but 287 have
been appealed 10 the Supreme Court. and of
these about twO-thl, DIS were affirmed, which lie
not alone very creditable, but shows that
without its existence tnc Supreme Court
(which determines about 3O) cases per an
num- would be five years more behind its
docket than it now Is; and as it appears also
from the Republicans article, that, of appeals
from the State Supreme Court to the United
States Supreme Court, only q little over IS per
centum are affirmed, 1t is additional evidence
that the opinions OF the Court OF Appeals are
deservedly ranked as Of great authority, and
th4t this court. should be maintained. aud
other similar courts established in other large
and populous districts which by amendment
to the Constitution might be provided for
and as the creation of Judicial Commission
to assist the Supreme Court would only pro-
vide for q temporary expedient, it would ap-
pear that additional Courts of Appeal alone |
promise permanently beneficial results.
But no matter which of these plans m:.y be |
aiopted. 1t will not be available until after
two years time. In the mean time, the people |
will look to the different Circuit Courts, and |
also to the Supreme Court, to afford present
remedy to prevent an increase of the present
evil, by careful performance of the duties
devolving upon them, and 1t would seem that
in this emergency the General Assembly might
be appealed to by the people. to give at least
some assistance to the Supreme Court, by
passing an act providing for the appointment
OF am anuenses for the Judges of the Supreme
Court, to assist them in the copying their
opin ions for the court, as such a provision
would greatly lesson the labor of the judges.
and thereby would leave them more time to
consultation and TO determine additional cas-
es, and is clearly constitutional, under the
seventh clause of Section 43 Of Article 4of the
1t would also seem that strict enforcement
Of rule No. Of the Supreme Court rules,
might be made the means of saving q great
deal of time. not alone to the Supreme Court,
but also to the Circuit Courts throughout
the State, If said rule was made more effective
by an act OF the General Assembly, 80 as to be
. matter OF compulsion in preparing bills Of
exception for the Supreme Court. in all ac-
lions at law; as the Supreme Court, under
the present system, has now eften to examine
large manuscripts full Of unnecessary, II not
irrelevant, testimony; and nearly all this labor
might be saved by an observance OF said rule.
Its strict enforcement would afford perma-
nent and not alone mere temporary relief. II
i: becomes necessary to amen l the Constitu-
ton. think that the appellate Jurisdiction Of
the Supreme Court should be restricted to ac- j.
tions originally brought IN the Circuit Court,
and such other actions brought before justices
of the eace where the damages exceed one
hundred dollars. An inspection OF the Su.
preme Court Reports reveals the fact that .
very large number of cases determined by It,
(and among them actions to recover the value
of stock killed by railroad trains), generally
are OF that class, and never should reach the
Supreme Court. as the amount involved 10 r.
SMALL and the law in relation there :
TO is we'll settled. Besides, such a restriction
would materially assist the business man, and :
also the farmer whose stock is killed, and who
has nov to wait five years before he can OBJ
Tain the piyment he stands SO much in need
of the very moment his farm labors are sus-
pended, or at Least greatly impeded, by the
taking IT OF his stock. :
The foregoing suggestions are made in
haste. IN the midst of other work requiring my
merely to call the attention Of the
public to \ matter which concerns them most
closely. and IN the hope that they may help to
lead to 3 tull and fair discussion OF the mat
ter. and thereby plan for tue permanent re-
fef OF the Counts and the people may be de-
viaed. IT
Irontsn, Mo-, Dec. H. $780,
It yoc are suffering from Indigestion or
my complaint of the Stomach or Bowels, you
will obtain great relief by using the Pricklyl
Ash Bitters, as they have the property OF
hem In good sound healthy condition.