Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-01-29
The Proposed Enlargement of the
Supreme Court.

The bill introduced In the House by Mr. Man.
ming, of Mississippi to increase the L. S. Su-
preme Court to twenty-one judges, has become
a subject of general consideration among the
legal profession OF the country and many very
eminent lawyers have heartily endorsed it
One OF the chief purposes of the bill is TO eype-
dite the business accommodating before the Su-
preme Court. Prominent attorneys of Wash
ington-among them r. T. Merrick-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
to induce Congress to provide some remedy.
How many persons are In a condition to wait
five years for justice, after having borne the eX-
pense 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 walt for a decision by the court of
final resort. The number of United States Cir
cult judges was increased some time ago, and
their jurisdiction enlarged, with the view of re-
hevfng 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 fn-
sist 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. Different plans have been suggested,
but Mr.. Manning's is the only one that has yet
been introduced in the shape of a bill. The
Manning bill proposes to increase the court to
twenty Lone judges and to Subdlvide 1t into three
sections, or Sub-chamberS, each consisting of
seven judges. including the one presiding
There shall be chief justice and two associate
or assistant Chief justices, who are 20 preside
over the three sub-chambers. One of these sub.
chambers shall have jurisdiction over equity
causes, another over civil causes and the other
over admiralty and causes In which the United
States is a party. The decisions OF SUBJ
chambers must be submitted to and
passed upon by the full court This
is to comply with the provision of the Constl-
tuition TO the effect that there shall be s'one'
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 SuWeme Court, and add
to the respect OF its decisions to increase its
numbers so that it can be .nationalizedr 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 Senate"
Parties who become involved in litigation
with corporations frequently suffer be
cause OF the Inability OF the Supreme Court to
dispose of the business that comes before it
Corporations employ attorneys by the year, and
therefore they fight causes to the last. An In
rease 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 a
large amount involved the corporation often es-
capes by simply carrying the cause up to the
highest court.
The Manning bill will come before the House
before great while for consideration and as it
is question OF interest to attorneys especially
and citizens generally, we point out its main
features