The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-03-03
Representative Manning's and Sena-
tor Davis Supreme Court Bill.

The Washington Gazette gives the
following synopsis Of Mr.. Manning Su-
preme Court bill:
II provides that there shall be three Divis-
ions of the Court in session at the same time
for the early and prompt hearing Of cases and
the rendition Of decisions, and its object is
to clear the calendar which is years in
arrears. and 70 prevent the numbering
thereofiu the future. The business Of the
Supreme Court has become 50 great that il
would be utterly impo ssible for it to be
cleared oil under the present organization,
and with the increasing growth Of the coun-
try and the consequent increase Of cases
brought before the Court, matters are
growing worse year by year.
The bill, in brief proposes the addition
of twelve As.OCiate-J Justices 70 the present
nine who constitute the Court, making
twenty-Ouc in all, the President 70 make
the appointments, by and with the advice
and consent of the Senate. There shall
continue 10 be one Chief-Ju-tice, as
at present, and from the number of twenty
A--Ociate-Justices the President shall de
siguatc two Assistant Chief-Justices, and the
Cuicf-Justice and the two Assistant Chief
Justices shall respectively preside over
the three Divisions of the Court for
which the bill also provides. To these
Divisions are to be assigned, respectively,
a nearly A. may be, cases at common law.
cases in equity, and cases in admiralty and
revenue cases in which the United States
are directly or Indirectly a party. In the
matter of decisions it Is provided for that
where six-sevenths of the Justices of a Di-
vision agree in a case their decision Is final,
but where less than six-sevenths unite in an
opinion an appeal may be taken to another
Division, and its judgment, if concurrent
with that of the other Division, shall be re
ported to the full bench, and by it be made
final but If the judgment Of the rehearing
Division be contrary TO that of the Division
first hearing the cause, an appeal may be
taken to the third Division, and the Jude
mcnt shall be that Judgment in which Il
majority OF all the Justices of the court
shall concur, which shall be reported to the
full bench, and by it be made final. The
Court ia baJtc, or the whole number of JUS
tees shall sit at least once a month or
Oitener, il business require it, and the Chief
Justice shall preside at such sessions; in his
absence his place shall be filled by the Jus
tice of the Court longest in commission, or
bv such other Justice as may be chosen at
the time to preside by the Justices vino
may be present. Before the Court thus
constituted, or in general session, shall be
brought all matters requiring a construction
of the Constitution of the United States, or
Il treaty herewith, aud also all causes
brought on a writ of error from the Su-
preme Court of any State. All writs, pro-
cesses and notices shall be tested, signed
and executed as now provided by law, and
be under the control of the Court rs they
now are under its direction and control.
Sections > and Is of the bill refer to the
duties of the Clerk of the Supreme Court
who shall in person attend the Division OF
the Court which is presided over by the
ChiefJustce, of the deputy clerks, who
shall be named TO attend the sessions of the
two other Divisions, and to the Marshal of
the Supreme Courts, and his two deputies
similarly nominated.
We have thus given in substance the
points of Mr.. Mannings BILL 1t will be
seen that not only does it ensure greater
facility in the dispatch of the business Of
the supreme Court, but that it protects the
decision of the Court, in a large measure
and gives 10 them the assurance of a more
unbiased and judicial consideration. In a
single Court, an opinion once given is a f.
nallty, but where there are at least three
Courts of Appeal, as the bill provides for
the chances ofinjustice or mistaken conclu-
sions are by 50 much diminished. Doubt
less Congress, when it comes to pass on the
bill, will appreciate its conspicuous merits
not to say the necessary legislation which it
involves five are to ever get rid of the
crowded condition of the calendar of the
Court, and will relieve the Supreme Court
of these obstacles to its usefulness by ma
king the bill a law
The bill introduced by Senator Davis,
of Illinois, increases the number of circuit
Judges so that there shall be one for evey
Judicial district. Where there are several
judges present, each may hold a separate
session of court. There is to be
court of appeals in each of the nine judicial
circuits, consisting of the supreme justice,
who presides over the circuit and two dis
trict judges, to be named by the senior
circuit Judge These appellate courts are
to have jurisdiction in appeals from the
lower courts in cases where the amount in
dispute exceeds $500, and in certain other
specified cases. and there Is not to be an APP
peal from their decisions, except when the
amount in dispute exceeds $4,000, or
where the construction of the United States
constitution or a treaty is involved, or
where the court of appeals certiiies that the
question is of special public importance.
The Davis bill provides also for eighteen
additional circuit judges.