The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1881-08-04
An Overburdened Court.
philadelphia Press.l

Judge Clifford's party zeal served to
keep his place on the Supreme bench
for several years practically vacant
A Democratic majority in one or both
Houses of Congress has within the
past six years defeated all attempts to
reorganzeit The hope of ultimately
having a Democratic President to
make the appointments which would
become necessary was the controlling
motive i'm either case. Justice Cliff
ord's place will now be filled by
President Garfield and the next Con-
gress will have no motive for postpon-
ing the reorganization of the Supreme
Court, the urgent necessity of which
has become glaringly apparent.
With Justice Clifford disappeared
the last of the Judges appointed before
the war. OF Mr.. Lincoln's five APP
pointees but two - Justices Miller
and Field-still remain on the bench
No vacancies occurred during Andrew
JOhnson's Administration, for though
two Justices died, the Court was by
law correspondingly reduced. Gen.
Grant gave the bench Chief Justice
Waite and Justice Bradley, who con-
tinue to constitute large element of
its strength, Justice Strong, who re-
Gently resigned, and Justice Hunt,
who is incapacitated for work. Mr..
Hayes added Justices Harlan and
Woods to the bench and left Stanley
Matthews as II legacy to President
Garfield, who succeeded in having
him made II Justice. The Supreme
Court has therefore, ut present, seven
working Judges, one Judge who is
Frustrated by paralysis, and one va
cancy, which will doubtless be filled
before the next term of Court.
These eight or, at the best, nine
Judges are totally inadequate to the
disposition of the business naturally
coming before the Supreme Court.
When first organized in 1890 that
| body consisted of one Chief Justice
ana five associates. Since then the
country has increased from less than
three millions of population to over
fifty millions, and its business in
! much greater proportion. The SUI
preme Court has in this interval
! grown from six to nine Justices, and
some of their circuit duties are dis
charged by regular appointed Circuit
Judges. The Court was none too
large for the business which came be-
fore it eighty and ninety years ago.
/ With the immcnsc increase in this
business the Court has not kept pace,
and in its present condition fails to IL
large extent to meet the ends for
which it was constituted
y litigant taking his case to the SUI
prene Court at its present rate of pro-
gress must wait four years for II
decision upon it. This, however, by
ho nean5 represents the real arrears,
of the Court, for Il multitude Of eases
which would come up for adjudication
were the Court abreast of its business
are forced to II settlement or with
|
to the inevitable delay that awaits the
suitor. This works practically II de
nial of justice, and by making appeals
from the Circuit Courts so difficult
gives them a degree of authority
which was not intended. With the
growth of the country and in the
increase in weight and Importance
of the Central Government as COM
pared with that of the States tie
whole Federal judicial system has
been outgrown and needs to be
entirely overhaulcd. The greatest
defect is, however, at the top, and
that is so great as to demand prompt
attention.
With the places of Justices Swayne
and Clifford filled by men with theil
work still in them the Supreme Court
will be able to make better progress
next year than in the several wears
preceding. With Justice Hunts place
filled this progress would be still more
marked. The latter, however, has
eighteen months more to spend in
office before he is by law entitled tc
retire on full pay, and unless Congress
intervenes he will doubtless hold on
The Circuit duties needlessly consume
a considerable portion of the Supreme
Court Justices time each year. These
might be left entirely in the hands OF
, the Circuit and District Judges, in
creasing their number if necessary
An intermediate Court between the
, Circuit and Supreme Court is feature
of many reforms suggested, but it ha.
the disadvantage of making one NOR,
expensive step necessary III every cast
before final decision of the Court O
, last resort can be obtained. In lieu O
: this the Circuit Courts might be reor
ganized and their decisions made fina
, i'll much greater number of case
+ than at present. If then, the Su
l preme Court be increased to twelv
able-bodied Judges, with no cireui
a duties to divert their attention, it wi
n doubtless be found equal to its work
e For bringing up the arrears of busi
ness some temporary provision Nigh
be made corresponding to the Con
. mission of Appeals in New Yor
n State, which cleared off the docket {
q the Court of Appeals and then di