Savannah morning news. [volume] (Savannah) 1868-1887, 1881-06-03
Reform Needed In the Federal
Tu,ffoio-v


The paper contributed to the May
number of the North american Rerieae
by ex Justice William Strong. late OF the
Supreme Court Of the United States, is
worthy of attention by those members Of
the legal profession whose practice leads
them into the Federal Courts. Mr..
Strong has had much experience both
at the bar and on the bench.
He was a Judge of the Supreme
Court of Pennsylvania for eleven years
from 1857 till 1869, and was an Associ-
ate Justice of the Supreme Court of the
United States from 1870 until his recent
resignation. While at the bar he had a
large practice in the United States courts.
He has therefore had ample opportunities
of informing himself as to the proper
methods of improving the court of last
resort in the Union and placing it upon
basis commensurate with the interests
with which it is entrusted.
This learned jurist says that the pres
sure of business upon that court is so
great that much of it remains undone.
Between the filing of case and the final
decision, sometimes as many as four
years elapse. This is certainly, in many
cases, practical denial of justice. 1t is
well that Mr. Strong has seen fit to give
the country the benefit of his vast expe-
rience. What he says will be thorough
~ believed, for he speaks from no inter-
ested motives, being no longer on the
bench or engaged in the practice of his
profession. His experience is valuable,
and if it shall result in a thorough reor-
ganization of the court. he will accom-
plish a work that will entitle him to the
thanks of his cOuntrymen.
1t has been proposed in order to facili.
tate business, to increase the number of
Justices. Mr.. Strong does not think
this would furnish the relief demanded
by the increasing business of the court.
He thinks it would simply lessen the
labors of the Justices themselves, for
then there would be greater number
to write opinions in the cases argued.
With twelve Justices, decisions could not
be reached more rapidly than with nine.
In fact, Mr.. Strong lntimates that the
difficulty of harmonizing the opinions
of twelve Justices would be vastly great
er than in procuring the substantial
agreement of the nine now constituting
the court.
Mr. Strong says that he is earnestly in
favor of the establishment of a court of
appeals in each of the nine circuits into
which the United States are now divided.
This court of appeals would form an in
termediate court between the present
Circuit and the Supreme Court. AS to
the composition of the proposed court,
it is suggested that it might be con-
stituted either of Supreme Court Judges
assigned for that purpose, sitting
with two or three Circuit or District
Judges. or some District Judges, or Cir
cult Judges, without Supreme Court
Judge To this proposed court appeals
could be taken from the Circuit Courts,
and writs of error also. This PROPOSE
ton meets with the appreciation Of many
lawyers whose practice lies chieflyi in the
Federal Courts, and is worthy OF consid-
Grafton by the Federal Legislature
The establishment of such an inter.
mediate court would greatly relieve
the Supreme Court from its present
burdensome calendar, and would furnish
litigants with more speedy justice than
they now obtain. The idea of the ex-
Justice is that the intermediate Appellate
Court should finally dispose of large
class of cases-in fact all cases not in
volyirg constitutional points, or sum
of money exceeding ten thousand dollars
But. copying from the law of New York,
providing for appeals to the Court of
Appeals, even from the Justices Court,
where the Judges of each court success
sively certify to the court above that the
case involves legal question or ques-
tons of great Importance to the public
Mr. Strong suggests that in cases in
which the proposed appellate court re-
CARDS the points of sufficient importance
to warrant the review of the Supreme
Court, such appeal can be taken on the
certificate of the court below. This
plan would, without doubt. prevent the
calendar of the highest court of the ma
ton from being crowded with cases
appealed simply for delay.