New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-11-09
THE SUPREME COURT.
NIrED srATEs COUNTS or AppEALs.

UNITED STATES COURTS OF APPEALS.
A LAWYERS VIEW OF TUE NECESSITY FOR RE-
LIEvING THE SUPREME COURT OF PORTION
OF ITS BUSIsEss-sYNoPsIs OF THE HON. DAVID
DAvIss bill TO ESTABLISH COURT or AP-
PEALs ITS PROVISIONS ADEQUATE TO ALL DIX
MANDs.
TO the Editor Of The Tribune
SIR: Your recent editorial in relation to- the
Supreme Court of the United States suggests this
muncaon 1t may be remarked in the first place, that
the Court has II in its power TO expedite the public bush
by disconnuing the absurd custom of reading op
ions from the bench. This custom waste
week OF from Onetenh to oneh OF the entire sitting
time the Court without The least benefit to anyone,
opinions go the hands Of the printer as soon
they read The relief suggested would, however,
be comparatively insignificant The Court is fully three
years behindhand, that the delay causes the
right Of appeal has become mere m0ckery.
In many cases appellant who has been
crushed down for years, for instance, by injnnc-
ton enormously granted by single Judge sitting in the
Circuit Court has at last succeeded in reversing the
decision or the Court below and found himself ruined
by the long delay. If the injunction relates to patent,
his business will certainly be utterly destroyed years De
fore he can hope to obtain relief.
when Justice Davis left the Supreme Court bench and
entered Senate he at set to work to devise
remedy for these public evils He introduced Bill TO
establish Court of Appeals Senate 416 December
IL, 1877 This bill provided for Court Of Appeals in
each of the niue Circuits, consisting of the Supreme
Court Justice the Circuit Judge an additional Circuit
Judge created by the Act and District Judge any Two
to constitute quorum Appeals from the District ana
Circuit Courts within the Circuit were to be
taken directly to the Court Of Appeals JUS
tice Davis invited and received suggestions
from the United Judges from the various bar as
sOciaOns and from lawyers generally great deal OF
interest taken in the bill and great labor was De-
slowed upon by many persons competent to deal Win
the subject. Many valuable suggestions were maue
until the beginning Of 1880 the materials for an al
most perfect bill were at hand On January D.
1880 Judge Davis introduced "a Blu to establish Court
Of Appeals" Senate 9l0) embodyng all the important
improvements suggested during the time that had
elapsed subsequent to the introduction OF the hrst DILL
and this bill not only provided remedy for the evils
above suggested, but alsoefoyided, incidentally means
for counteactlng the mischefs and delays arising from
the division OF the nisf pruS Federal judicial System
into two courts the Circuit and District The District
Court s.hed by the District Judge, who's also compe-
tent to Sit and constantly sits Judge of The Circuit
Court. The following Is synopsis OF the main features
of the perfected bill finally proposed by Judge Davis;
SECTION 1-Proydes that whenever District Court "a
held the same shall rs Clrcult Court anu lie
panel Of jurors for the shall serve az panel jurors
Tor The other the absence OF special order 70 5e cor
Courts to prevent delay OF business.
SEC. 2.-Relates to eases IN bankruptcy, ana If now
sac 3-Estabishes Court Of Appeals in each Of the
nine judicial circuits consisting OF the s9pfeRs C"t
Justice three circuit Judges two created 10y the AcD,
and two district judges assigned as Tar as posSge IN
rotation from the district udees IN the circuit i1TTf
Judge the supreme Court Justice. VINO alone IRE com
peient 10 preside Vacancies In the court may be sup
pied by the IL sigatiOn Of additional dsrict Judges 10
SEC 6"Proyidcs for a prompt and direct review by
the Court of Appeals of all Judgments or DEGREES OF inc
Circuit and District Courts involving over $500 or q
1neston of general importance certified to be such by
fbp pr Appeals
within ninety. days. nterlocutory orders grant
ing or continuing an Injunction may De
stay the proceedings in other respects IN the court pc
low n The Judgment on such appeal amounts TO final
decree the appeal lies directly TO the supreme
Court II the case belongs to class proper or snch
SEC. o-Provides for writs Of error in criminal
cases within ninety days the Court OF Appeals from
Sc I0NProyides places Tor holding the Court OF
Appeals az follows: lat Circuit boston; "a, Newlorh
3D. Phila iephia; 4th, Richmond; 9th, New-Orleansi
9Th Cncinnati 7th Chicago; sth, St. Louis; 9th, San
SIZE iI-Provdcs for an appeal to the supreme
Appeals hose findings OF fact are na IN cases lnyoY
ing over $40 COO the construction OF law treaty or
me Constitution OF the United states, or legal question
OF such Importance that the Court OF Appeals eerues
that should be passed upon BY the supreme So, u.
in cases just mentioned where the amount y nndeT
$4,000 the specific question OF iaw ~ alone sues1
TO The Supreme Court ana ahsWeFSd py ~, mus my. S
great saving OF time trouble and expense falen ana
pree Court upon questions both OF law and fact without
regard to the amount involved so lar only as
pgt
upon a certificate OF the Court OF Appeals that
such review should had by the Supreme Court Ibe
review by the Supreme Court must be sought Wit one
SIC 13-Proyides that in Territorial Courts tie APP
neal shall hereafter lie to the Court or Appeals OF CIR
he designated instead OF drecty 10 tue Suprcho
SEC Il-Proydcs additional circuit judges for
SIC i6-Providcs for the transfer by the supreme
Court OF Accommodations or business from the Court OF
Appeals OF any circuit to those OF oIhSlS, so rs 70
ize the business and prevent delays IN the admnsl
ton Of Justice.
To any one acquainted with the magnitude of the busi
rcs m the United states il will he evident that
nine such appellate courts none too many II sOrs
are TO have speedy review of the errors of judges SIT
ting In the first trial Of cause The Courts Of Appeal
viii be within easy reach OF the suitors An ntermedi-
ate appellate court sitting Washington would be out
nj convenient reach and, even If divided into two or
threr divisions II would he thoroughly cogged up
with acoumu atoms OF business and the present evils
oud he ngrayated in where appeals can be sub
ecducntly taken 10 the supreme Court
ANY ono who has studied the subject thoroughly VIII
come 10 the conclusion that Judge Dayiss plan, as now
parcctcd, will meet every want Inc appellhte court
viii ave each sutton speedy appeal at place within
the circuit where the first trial was had Tue soppSe
AZ direct npprnls 10 the Supreme Court Will give that
co,rt chance work of its overloaded calendar Inc
abiiy OF the Courts Of Appeal VIII greatly d
10 u,,rber of appeals 10 the supreme Court As
IN Ia now satlsnod Win an adverse oeclson
Of ge judge, or of Two Judses sttns ~ tne rs ,ia
o rc,t bat he takes his appeal 10 the supreme Court
AS a matter OF course An adverse decision OF the tx
Judges Court of Appeals would be ooNed upon very
ty and would IN majority OF cases, be acfu
'SIoS m No hesitation in saying that any lawyer who
ii ifuily examine Judge Days's bill, introduced By
him ON january q, 1850, Will be convinced tnat IL VIII
meet all the requirements OF suitors Ia te seerai courts
at can be reasonably anticipated Tor ull quarter OF
century % come. -.
Neg YORK, oct 2s 1881.
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mr. ron IpUfC NOTES