New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-08
A PLAN TO EXPEDITE JUSTICE.


Of lo ASSOCIATION &" 70 inquire what adequate remedy
can De provided the delays now incident to the hna
determine ion Of suits pending in the highest courts oil
The United States have given TO the subject assigned
them mature and prolonged consideration. They have
hold several meetings in Washington and NewNork and
have awaited themselves "a far possible Of opportun
mites for consultation with members Of the Federal
Bench and Bar whose courtesy ana interest in the sub
feet and whose valuable suggestions 1t Is but just to
acknowledge. The committee, III common win the As
ISOLATION and the profession at large sustained severe
and embarrassing los during their deliberations In the
death Of our lauentcI president the Hon. Chrkson y
Potter. Resolutions adopted on the occasion are a
pended 10 this report Believing that the State OF New
York should remain unrepresentcd on the commit
tee its surviving members deemed II proper 10 I'LL the
vacancy and the Hon William NJ. Evarts. Of New-York,
was unanimously elected in place Of Mr. Potter and has
since acted with the committee
TIE NEED OF A CHANGE.
TIE imperative necessity Of some means OF eTpcditng
the hearing in the Supreme Court Of the United
States is apparent Thus far the committee unani
NOUS II would require than three years to clear
the docket OF the court the exertons in their
power even if causes were 10 be added durlns
that time; that the annual accession 10 me Hoche con,
sderaby exceeds its reduction and that, even ~ lhc
same rao OF increase that has hitherto prevailed eNet
i've years oapse may be expected to add one year
The period that must intervene between the t1lII ."
cause and decision But 1t Is not reasonanic 10 cH
has steadily increased in the past; and in view OF ne
rapid development Of the country inc extension OF is
,
consiaItlv accelerated The delay which nearly
approaches must reach the piOpo!tioos Oh sun
sianal denial Of Justice, and unless rilef l. eIpcStd
the must become al no Instant day so lar ~ Us
general uri-iictoE is concerned principally uscui ON!
10 those VINO seek u! u'P'"' '"5 '7N"I' 'V Wv 49,
10 attSmpi a r.e as some have proposed by alTidg-
ing the lurls'cch OF IN, let+nI oI T ~, n ,
citzeis OF different States has of late years Immensely
expanded hoih III aloln al ~ ilio az, l ~ the
conhdeh'e l7 10 D, ii ,, ,, i rtial
autItn sthes' a.' 9 NJ I 1 tlrrhd ,s tbat 5iys
bH @ hj,hrro and a. the CONSTITUTION intends they
should De-
THE COMMITTEE DIVIDED
Concurrng them ali must concur III The necessity OF
immediate relief the supreme Bench in some other
WAY the committee have anXiously addressed them
selves 10 the inquiry how that relief should be attained
Having considered, discussed. and finally thrown ASIDE as
imrac cahlc Orimpotic various suggestions they ma
Sr1rtl tus thai nav iound favor the Irofe
1,i, . ,,.i',i of f,. court tor the hear
thc on "l'noII@l 4 CIV i9', t ,,.4 a. may h.
iSougi, pI,r@r 10 Ice heard in tnat way; the other
1loviiu Tor the Establishment in Inc dfor,nt circuits
., local clrfs OF appeal with Gua jurisdiction in
49,, - 80, ,o .'' iar,o,,t So large ~ wolld diminish
tpnei, fo the Suprls I,.ne b To- such number that
tiiinlno' u,icL, ,oi,,arieItly bear.
"I1"h" ,,i ~, rs since II is universally agreed
4,t a,, ca me- lI.t heard As they always have
hen hinder our CONSTITUTION, by the Supreme Court
nov unable 10 discharge business On their docAet
,he runsf o,vion. and simple remedy WOud bo 10
l." anne 10 one familiar with the character Of TIE
Gus. IN tnat court OF VINO Will take the trouble by
viii fail 10 perceive, that while many appeals find
their way there which involve questions OF great I'M
1orfauce ana serious doubt large proportion VI the
business consists of not presenting ANY special
b1t M Ia.. of c,usa. can be as wrll or even better
heard and decided by a lesser number OF judges than
Ine i nyiol- 10 every lawyer of experience and j.
fhon IN the proce, many state courts OF last re-
SON Whose member, exceed hVe, OF sometimes
even three judge WHO Is one III hNe is lnuch NOR
likely io give cause anxious and thorough attention,
and L. iccl ;he responsibility of his decision th&4 II hr
were one Of ten. Ana whether such Is o.icunlpy the
practir. or not every enlargement of court beyond
Mn1t ~. so'I? ;! caItr. IT, - lesser nnlahcg OF
{,t.'''V w o -, a. .,,7cle ilo4 for examination
Plan rEoros'D AND pfi LIDnD an.
All VII 'grte thatthr oilsha' Juil7''''''" " ,0 81"
-. ~, ,,-,, l,,. t,. who'll. c,urt. Than c,n.ti-
- .,,,,. t,,.e ari.ing mon the construction
of treaties with foreign uations-aud didcUt aud i'm
1ort. questions thaj may occur caIso, ot e leIal
furis,ict Oh should also be- heard dud decided N the
whole court Beyond thi- We canno' peiccNe tlai any
ele'. soou ~ a. W ~ i, n 81 ever, 9,,. W,.
Therefore propose, without pr niins any ior nnl Dill
the following it-.St.iVn a., ",,,''e ,,D ''' '''0'
me- to -,,,r oIr should hc vi0ed into two or
more for the hearing o the causes upon their
docket, except such as are heItml'r hlehHoNeu DR.
P,ITti ,inls mar io me made M by permanent as.
sionne,t of id-cs but by sueu systom OF division
the court may nom time t. time hnd cXpcdienti no
fudee to Ill upon review Of ms own decision; and the
cause not TOD. distributed by subjects hut accord
'oi {he i',cr w Nv ~ mai INNS, ction of the
cour, and ali those involving questions under the Con
.tuon OF tIeatc, Of the United states 10 be heard as
now before the whole court; and likewise ~uch DINER
causes as the court may its dscrc IOn, OF upon
previous application, direct to be 80 heari:
Causes heard before either OF the dlN9ons 10 pe or
dered by such division II tLOnght advisable g." be re
argued before the whole court Causes decided D{ III
vision, 10 b. re ported to whole before the dc
Cision announced. and all judgments 10 Dc rendered as
The judgments OF the whole court.
TINS system as Viii pe perceived rom the s,'tls.ic
above gwen VII! 80 increase the present cdpdc! o. the
for the discharge oi business hai d may DE- sc 10
assune tLat at cast seven mildred causes ana PEI ;p
more could be disposed of yearly, taAhg one year IL
uuotneT-a rate OF dispatch tat Won" sOou brny up th
present arrears aud would afterwad enable tne court
10 hear causes, II not during the term III winch
Al utN O. Cst.