The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-04-23
Prospect. for an Executive Session.

Prospects for an Executive Session.
According to the dispatches President
Garfield seems iuCiined to come to the
front aud exert pressure in favor OF an
executive session. Hence there will pos.
HIbly be another Republican caucus to-
day-saturday. He finds number Of ap'
polntments on his hands which impOra.
lively demand disposition at the hands Of
the Senate, Among them are one or two
appointments to the Supreme bench,
where business is suffering by reason Of
vacancies, and the great accumulation Of
cises. How to reduce this accumulation
inthehighest court ofthe country lisa mat
ter Of the greatest importance. 1t is ap.
parent tina! something must be done at
once. The late Justice Strong says that
the proposed increase In the number OF
Justices 10 twelve will not meet the diff.
Guilty.
When tho court was organized the cases
before it averaged only twsnty.iour each
year; between 1926 and 1880 they arose 10
dt!y.elght a year In 1885, the number
was only thirty'seven. For five years
ending with 1850, the average was seventy.
one a year Within the five years ending
with 1880, the burden has become over.
whelming from an average Of three hun.
bred and ninety.one year. For the last
October session, the number Of cases set
down for argument was eleven hundred
and lltty.two. The growth is now more
rapid. than ever, and cases can not be
heard within less than from two and q
half to three yeara af.or they have been
brought into court. The wrong and In.
justice Of such pressure and oil such do.
lay, do not require to bs stated; they are
obvious aud call for speedy remedy.
Toe fault Is not In the members Of the
court Tho task set before them Is too
great for human nature to perform. The
increase Of population, Of wealth, Of min.
Ing enterprise, and OF interstate corpora.
tons will tend to add to the laborB Of this
tribunal, aud the appeal for relief can
not long be delayed. Congress at Its next
session ought to perfect the legislation TO
that end.
What ought the plan to boz Judge
Strong objects to an increase OF the NUN
Der Of Justices to twelve, as an inadequate
provision. The number Of opinions
to he written by each member would
be thus diminished On the other
hand the time occupied in dis.
custom would be extended, the court
would be more cumbrouS, and even less
work could be accomplished than at pres.
ent The scheme introduced into the last
Congress by Mr.. Manning, for twelve adj.
dltlonal justices, divided in three sections,
or practically into three courts, is equally
Objectionable 10 Judge Strong. Even II It
is not an iniraCtion Of the Constitution,
which provides for one Supreme Court, the
difficulty Of securing a decision from the
combined tribunal, and the natural lack
oil final confidence In anything less,
would be obstacles. Any such division
would tend to trouble and weaken respect
for our highest tribunal.
The proposition which Judge Strong
advocates Is the establishment Of q Court
Of Appeals in each Of the nine circuits
into which the country Is divided, 10 be in.
tetmediate between the Supreme Coutt
and the CitCuitI Coutts. Appeals may be
taken 10 this tribunal from the Circuit
Courts and writs Of error may be sent
from IL. In this way Il would be easy to
restrict decentralization oil the Supreme
Court. AS Judge Strong proposes; "Judg.
nents or deCtess are 10 be renewable In
the Supreme Court only when the amount
III controversy exceeds $4,000, or when
the case reqlres the construction Of the
constitution or Atfeaty or statue Of The
United States,ior when the court shall
certify that the adjudication involves a
legal question OF sufficient Importance 10
make 1t advisable that the fnal decision
should be made by the Supreme Court, or
where writ Of error OF an appeal may be
specially allowed by justice Of that
Coutt." Patent and copyright cases would
be retained by the Supreme Court, which
also would alone send wfib Of error 10
the highest courts Of States in cases re.
vlswable by II.
The new Court oil Appeals should be
composed Of the Justice Of the Supreme
Court assigned to the circuit, with a SUN.
cicnt number Of circuit judges. The die.
Lrict judges arc 30 much occupied that
they cannot be called to this duty.
The plan ls clear and practical. II
promises to meet the requirements Of the
situation. It provides for some addition
to The judicial force and consequently TO
the cost This Is inevitable. Public