Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-19
MEMPHIS BAR.
On the Delay Attending the Admins.
fFafiOn Of Justice in the United
States Courts.

The bar of Memphis having been re-
quested to consider the subject OF the embar-
rassment and delay attending the admins
tration Of Justice in the courts of the [ nited
States, and to express their opinions respect
ing the proposed plans of relief, make the
| following suggestions:
We concur in the view that some remedy
is imperatiyely demanded for the evils com
planned OF. We do not, however, concur II
any plan calculated TO afford only temporary
relief or which would preserve any of the
features of the present system that are nc
longer OF practical value, or which would
tend to impair the dignity and reputation Of
the Supreme Court
The present system Of courts, once hap.
PLY adjusted to the demand of our national
jurisprudence. has been outgrown by the
country, and a system, different in sew
eral respects, Il now needed. The time is
opportune for remoteliug the Federal judic-
iary on such basis as will eliminate useless
and obsolete features and furnish system
of courts adequate TO future as well as exist
ing necessities, and at. the same time relieve
the Supreme Court of its present burdens
aud remove the causes that have produced
them.
To this end we would recommend that the
present Circuit Courts be abolished, and all
their original jurisdiction vested in the Dis
trict Courts, and that the latter be made the
only courts of general original jurisdiction.
The creation of an interme diate court OF
appeal in each of the circuits as now estab-
lished, promises the most practical and per-
mqnent relief to the Supreme Court. These
courts should each consist of three Judges.
of whom the existing circuit Judge ought to
be one, and the others appointed other
judges are appointed.
The Supreme Court should be maintained
as a unit, and its justices should be relieved
from service in any inferior court. The dig
nifty and efficiency of this tribunal would in
our opinion be impaired by dividing it into
sections for the hearing OF causes, and that
too, perhaps, without securing the relief so
much desired.
The Territories should be attached to one
or more of the circuits and the Territorial
courts Of original jurisdiction should be
placed on the same footing the District
Courts in the States.
The Supreme Court should not be required
to retry any case whatever on the facts, but
only on errors of law assigned.
Appeals and writs of error sh ould be taken
directly from the District Courts to the pro-
posed appellate courts in all cases, and
without restriction as to the amount in con-
troversy.
Provision should be made for appeals on
writs Of error in criminal cases.
To secure harmony and uniformity in the
divisions of the several intermediate courts,
provision should be made that cases not ap-
pealable of right may be taken from those
courts to the Supreme Court or a justice
thereof.
The Supreme Court will, of course, retain
its constitutional and original jurisdiction,
and its jurisdiction over writs of error to the
Supreme Court of State.
Legislation embodying the foregoing essen
tial ideas will, in our judgment, establish a
system of courts, simple and harmonious
and no more elaborate or expensive than
necessary to meet the national wants, cspa-
bic of doing all the work that may devolve
upon the judges for many decades to come;
and at the same time so elastic as to admit
of expansion commensurate with any neces-
sities of the future.
We submit our views with difidence and
with great respect and Difference to the
judgment of our professional brethren,
hoping that in the comparison of opinions
something may be agreed upon that will
afford relief from great public evil.
H T. Elicit,
J. l.. T. SNEED,
W. NJ. SMITH,
J. o. PIERCE,
CASEY YOUNG,
J. PATTERSON,
Committee.
The foregoing report was submitted to an
meeting Of the bar, held at the
ChaBcery Courtroom on the 18th of February,
1882, ard unanimously adopted.
r. J. MORGAN, Chairman.
W. A. COLLIER, Secretary.