New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-24
RELIEF or TIE SUPREME COURT

RELIEE OF IHL DDIAE WYNN
That some measure for the relief OF the Su-
preme Court of the United States ought to be
passed by the present Congress is universally
admitted There is an honest difference OF
opinion concerning the character of the relieving
measure but there is no denial that relief of
some kind is imperatively demanded. AS at
nresent constituted the Court is simply him
drance to justice, amounting i'll many Instances
to an absolute denial of justice. The last COM
Melted term opened with docket of 1,2O2
cases, and closed with only 800 OF them DIS
posed of. The average time between the allow
ance of an appeal and the hearing of cause
is now more than three years, and the business
before the Court is increasing with every term
Long delays offer premium for vexatlous APP
meals, and instead of trials there are ottener
compromises which entail great sacrlhces 10
we'll deserving ltigants. These evils ought to
he removed as soon as possible. They are not
confined to the Supreme Court but exist in the
nine judicial circuits as well, where the made
ouacy of the existing judicial machinery Is a
source of constant complaint.
The necessity for relief being undsputed,
therefore, the only point to be decided is that OF
means. What is wanted is a measure which Is
both adequate and constitutional. The subject
has been carefully considered by select com
mittee of nine members of the American Lar
| Association, comprising some OF the aDiest
| lawyers in the country, and, as Is well known,
| they have failed to agree. Two reports have
| been made by them, and the main portions of
both have been published in The TRIBUNE. We
| have already expressed our preference for the
plan recommended in the majority report and
signed by John w. Stevenson, OF Kentucky
| Charles 5. Bradley, of Rhode Island, Rufus
| King of Ohio, Alex. r. Lawton, OF Georgia.
and Henry Hitchcock, of Missouri. 1t seems to
us wise and eminently adapted to secure the
| desired relief Its recommendations were en-
bodied in Senator Davis's bill which passed the
Senate on May II, and is now before the
| House. Its provisions were published In LIE
| TRIBUNE of May 3.
The bill was drafted by Senator Davis, him
self for many years Justice of the Supreme
| Court. after receiving suggestions from the
United States judges the various bar associa-
tons, and the ablest lawyers in all parts of the
| country. A vast amount of careful labor was
expended upon it, and no effort was spared to
make it as nearly perfect as possible. AS it
| stands to-day it meets the approval of the most
| eminent ltNdl duJHOIlllcS III touhhy' ~
the Justices of the Supreme Court, as well as
the Chief Justice, are known to be in its favor
| 1t has been commended by the various bar
associations throughout the country, including
that of New York, which has adopted unanl-
mously a resolution urging upon Congress Its
speedy consideration and passage. After two
weeks debate in the Senate it was passed by
two-thrds vote, securing the approval OF all the
abest lawyers in that body. 1t lies now upon
the Speakers table, where it can be called up
and acted upon at any time. 1t does not seem
necessary to say anything to impress upon
members of Congress their duty in the
premises. The bill is surpassed in public I'M
portance by no measure now before Congress.
If it goes over now, there will be little hope OF
action in the matter for two and probably four
wears. with a change of President IN the mean
time. 1t should be passed without delay and
without amendment.