Savannah morning news. [volume] (Savannah) 1868-1887, 1882-05-15

have enough already for all practical
purposes if the business before them was
attended to. and that the formation of
this tribunal would only tend to further
complications in legal contests. He as
serted that the great increase of business
in the Federal courts was properly az
tributsble to their usurpation of the
functions Of the State courts rather than
to the increase of the population and
business of the country, and he also OBJ
jected to the restriction upon the juris
dIction of these courts to $4,000 as es-
tablishing an inequality between classes
Of litigants which would exclude from
the Supreme Courts the great body of
the American people and reserve that
higher court for the benefit of wealthy
suitors and corporations. For these Tea-
sons he denounced the tendency of the
whole bill.
The objection thus made by Senator
Jones that the establishment of the new
court would complicate still more our
present complex judicial system, also
meets with response from several bust
ness centres of the country. 1t is urged
that it is not wise matter to establish
another tribunal between Inen of bust.
ness and final hearing in any case, since
the comforting of powers such as are
proposed II be given these Intermediate
Courts of Appeals upon the present Circuit
Courts, would subserve the substantial
ends of Justice as truly and much more
directly than can be accomplished by
another court AS a contemporary re
marks, ga Circuit Court of the United
States, if honestly constituted, certainly
ought to be as safe tribunal as this new
Appellate Court, or even the Supreme
Court itself" And says the same paper:
"Our judicial system is already be
wilderingly complex. To foreigner it
sounds like threading the mazes OF
labyrinth TO traverse its devious wind
ings. It's mysteries dsze the understand
iugs of most of our own citizens even.
Commencing with the Justices Courts
we 60 step by step through County
Courts, Probate Courts. Common Pleas
Courts, Criminal Courts. Law and
Equity Courts, Police Courts, Courts of
Criminal Correction, Circuit Courts,
Appellate Courts, Supreme Courts in the
State machinery, to the United States
District Courts, Circuit Courts, to the
Supreme Court" Here are certaily tribu
nails sufficient to dsze and terrify the
citizen who may have the temerity to
try his rights under the forms prescribed
by the laws of the country.
Another objection, and one which we
believe to be serious, is that the bestowal
upon the President of the power to ap-
point eighteen more United States
Judges, is dangerous. Mr.. Arthur has
heretofore used all the power at present
possessed by him to advance the in
terests of his party. and the Unitd States
courts have already, in South Carolina,
been called upon to do their part to-
wards assisting him in this, the great
object of his administration. That he
will make partisanship prime consider
alton in the appointments of the pro-
posed new Judges, cannot reasonably be
doubted, and that there will be further
encroachments by Federal upon State
courts, especially in political trials, can
only be expected. The natural tendency
of this will be to still further besmirch
the political ermine by the conversion of
Federal courts into political machines
result which every man must deplore,
since it must tend to the destruction OF
the purity of the courts and the degrade
ton of the government. This is indeed
a serious matter. The United States
courts have already greatly suffered in
public estimation because of their hav-
ing been so frequently and willingly
used to fasten Radicalism more securely
upon the country under the forms of law,
and right thinking men Of all sections,
but especially Of the South, have good
cause to fear the creation of another
Federal tribunal which may use its pow
ers for the oppression rather than the
protection Of the people.
The facts that the calendar of the
United States Supreme Court is over
burdened, and that the present " Re-
publican Congress, will probably prove
too powerful to prevent the passage of
this bill by the House, and it will, for
obvious reasons, be promptly signed by
Republican President. 1t may perhaps,
as its friends declare, prove blessing in
fastening decisions, and preventing so
much delay in bringing to final settle
ment the cases of that unfortunate and
numerous class of men known as liti-
giants. Nevertheless we are, from all
the lights before us, inclined to look
upon Mr.. Davis bill with suspicion and
disfayOr, and to agree with Western
contemporary, which takes the ground
that we do not need more machinery
and other courts, but simpler and more
expeditions methods Of attaining,
through those we already have, the ends
of justice.