New-York tribune., 1881-10-27
THE WlNrs or THE SCPRruE cOURr


To the two plans already prominently before
the country for promoting the efficiency of the
United States Supreme Court, third is now
added. a pamphlet whose author is William
a. Maury, Ii. d., a counsellor of the Court,
presents discussion" of the wants of the
Court and the remedy for them, followed by
draft of statute in which the writer's recon-
mcndations are fully put in forn for action of
Congress.
The general situation is we'll understood by
TRIBUNE readers The Supreme Court, created
by the Constitution. and organized by Congress
iii 1889. with six Justices, has.rown 10y subse-
quent changes to comprise nine, two of whom
for year or two past have been disabled.
These Justices meet in October for "A half years
session through the winter during which they
hear causes coming from the Federal courts
throughout the country, from the State courts
when these have been called to decide constitu-
tODal questions from the Territories, the Court
OF Claims and the local court of the District OF
Columbia, any OF which may involve either of
some fifty different systems Of municipal iuris-
prudence, besides the Constitutions laws aud
treaties of the Union, and the general law of
nations. Each Justice is also assigned to a
circuit comprising from three to seven States.
throughout which he mnst hold Circuit Court rs
Court. An average delay of three years inter-
venes before n cause placed ON It's calendar
can be reached and heard. Is this surprising
If six Justices were "a reasonable number for
the judicial business of less than four millions
of people, in 1889, how can only nine he ex
pected to perform it for the fifty millions Of
! 1881?
The gist of Mr.. Maury $ plan for relieving the
burdens Of the Court consists in creating an in
| tcrmediatc appellate tribunal, which NAV hcor
| and decide finally on all those civil suits now
| carried to the Supreme Court ia which the
amount III controversy is less than $4,000
and in which questions under the Constitution.
laws or treaties OF the United States, or inter
| national law, or claims of the United STATES or
| its officers suing under act OF Congress, are mot
| involved He would leave 10 the adjudication
| of the Supreme Court all civil eases. whatevcr
| the amount at stake might be- in which there ia
| a necessity of deciding a question under tLe
Constitution, laws or treaties, or law of na,jons
| or in which the United States or any ofecr
| suing under act Of Congress is plaintiff. AMI
| also all civil cases, whatever the question
| might be, in which the amount in controversy
| is Of the value of $4,000 or upward Crimi-
nal business he proposes to divide between the
two courts i'll somewhat similar way. For the
| HCN lutcIHcuistIc CouII HC recommends the
name Court of Federal Appeals y; it is To b,
composed of first and second division. each
| having presiding judge and four associates.
| These judges may also be allotted by the
| Supreme Court among the Circuit Courts for
| similar services to those now rendered bv =
| Supreme Court Justice.
Readers may remember that bills for the
same general purpose are now before Con-
gress, introduced by Mr. Manning and by ex
Justice Davis. The Manning bill proposes to
| increase the number of Justices to twenty one
| marshalling them into three divisions of seven
Justices each for the hearing of ordinary causes
while constitutional or treaty questions or ques-
| tions on which two divisions have disagreed are
| to be heard and decided by the twenty -one JUS
| tices in general session. Mr.. Maury thinks this
plan of doubtful constitutiOnality, and also OBJ
| jectionable because it would swell the Supreme
Court toward the dimensions of popular
| assembly, and would result in admitting politi-
| cal partisanship and the heated spirit of popu-
lar debate to its deliberations Small courts
| have been more efficient and have won more
| respect than large. Thus in New-York the
! former Court of Errors having thirty seven