New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-08


tency Of public opinion
ANOTHER PLAN CONDEMNED.
1t is proposed by those gentlemen VINO "uNV
plan of local courts Of appeal, TO c0ns'lue on' "
each Circuit. from the Circuit and DiHtio' '"'N0'
which shall sit IN one Of its larger cl'lo'
But 1t appears that the grave objections WHO" we
plan of local courts encounters. far outweigh any nu
vantage- II NAV offer of convenience 10 cl.sc - 80
order tha mis- method should effect any relief the ~
preme Court will be- necessary 10 proSde nas ~ P
la that tribunal snOu'd not re allowed IN cases OI ""
nary jurisdiction, uuless the amount III controversy - ~
least 1000 While on this point II Is mPos'h. 10 op
tain cxact data without amount OF labor Ia the cA-
animation of the records of the court which Is not IN
"nr nwcT 10 command we believe on the best nforma-
ton we have that enable the court 10 keep M with
| by a money limit would require that limit 10
| be fixed al the present time 1T least as hlsn as
fifteen Thousand and perhaps as high as t|eh! th'u,
sand dllas, aud would rcce~'lirie III inc IH Ts
probable further advance IN the same direction Inc ~
preue Court would thus be set aside, 80 iar a. us o
nary jurisdiction Is concerned of we DvUs' % Z
men and great corporations. But the court was never
intended tor the use Of the rich alone II belongs 10 ING
people, IN common WIN our otheI liSt',u,,on' ,i
should De made available TO tie people 10 every pos w.,
6,,IJ h c,.CJ fo ordinary access. there would be
grave danger that il might gradually become an object
We hay, been 20 far impressed by those considcra-
TONS as have found them decisive against IAN or
creation d, ~ ~ t Sr-eI"e Cont vim app, Hate
urisdicoa ordinar! cases, not constitutional u 10
i,YV Gcr to uia,t and weaken Inc supreme Count
in popular estimation, ana perhaps TO enddn@cr It's u'-
naie existence.
INJURIOUS 10 TIE CHARACTER AND QUALITY OF
tn LAW.
Another very serious objection, in our Judgment to
the institution OF local courts OF appeal Is to be tohd III
It's probable result upon the character and quality o the
law they may be expected To establish To expect tnut
distant tribunals existing under widely different eondi
tons Of society and Of public opinion, should be haiWo
nous ia the Iuultii0rm administration when justice re
quircs is 10 expect tLe quo" "a ~ 81 p'Cn
the case and VIII be. The course OF decisions IN
mcrciai cities ana the Northwestern States
on the Atlantic and Pacific coasts-can never
their local tribunals TIE whole theory and value Of the
Federal administration OF jusce requires uniformity
of ali states snail ne equal. But IN place of that,
should have, under these local appellate courts mass
Heterogeneous fiecisons, on many points nrccOncl-
able, and law that would vary like the climate. with
the latitude and the longitude IL IL true that II is pro-
posed BY the advocates OF this pan to authorize the
local courts to cerY causes 10 the supreme court lOi
decision where the questions involved OF special nl
porance. THIS wouI altogether fail 10 ohviatc the OBJ
lection. An appeal should be macrof rghtno mat
ter 0 favor II should ice tor the party to Judge q" H. c
pedicncy not for Tic court whose decision Is qsonea,
H. on me o'hSr niu. t"e I',, ,o S, - ,. r,n
such courts ol cerll!hS u thr supreme Oou' any M
III which the defeated party insisted upon IT, almost an
san'ial relief 10 the supreme 'our would ne "n9lhtu
That sort OF Capitalization whlch accunulatcs III the
The states may wen enough be deprecated. Bnt nat
Capitalization which brings Tie Federal judiciary under
unity OF It's Law Tie imparnay OF 1t; justice Is
sentla IN our judgment. 10 TIE existence o. SUCH
many judges Ia each circuit "a, would De necessary
TO hold them; because the pEesent Circuit and Dsirct
Judges. probably without exception, ma tnclr VIII 5c
taken up wlfh tie duties already assigned them,
and In many places are que unable to keep up WITH
du,y without additional assistance Not less Than
three judges could De assigned 10 hold the courts o. az
peal Al lcas. twcity-cNcI new local Federal jud-c,
would D., needed. Tho salaries OF these judges
would amount 20 more tIan the aggregate salaries 81 he
entire supreme Court. How mucn better imam that
would be add ton any addition at al Is necessary
Of three or more judges selected from the country at
large. u the Sapr,mc Court! But even that increase 40
has been seen, j, not az II Csent necessarily
a DANGER To IHG UNION.
There is m another objection 90 the proposed Gsper-
sion OF the ultimate Fedoya judicial authority, which AZ
pears to us 10 have great weight. II to tina,
we should long, before introducing any novelty
into any department Federal system, winch would
be CO cuatcd 10 withdraw from lis common centre the
sentiments tie habits Of ills citizens or to Wcan them
in smallest measure from Tue idea or tue one go'o
mcut and the authority OF ultimate resort Tue
nct or nine local Congresscs To SIT Ior even Hii.cd
Federal purposes III wlde, distant sec ions hc cOun-
try would lie justly regarded almost the certain fore
runner, adopted, OF 30 many uliimnie divisions OF the
spIcuou- Is Sill one Of me three great coordinate ana ~
deparnens should continue to nave, "a II always las
Lal, one locality, one mead, one paramount aGtAgry
Minor lhc0hNcnl noes ioc'I "np'l"ii7' la'ca 10 p'
| counsel. and savings ia travelling cApcuscs, 5AOLd
count for nothn, in comparison With II.
supreme COurt 10 Tine number of twelve or more MAY
refrain rom any recommendation our Guty a com
mtec 10 limited to the consideration Of III present ne
|
that twelve OF even t.ccn judges s iar sn cr nunoct
IN proportion to the presenl territory population, ana
l-O7 until So, when the present number wa first
taDsled by law, ol than s& judge. were from the inst
Il Aa- been thouglt that court of twelve OF more
Judges might be too numerous Tor tine dispatch Of bus-
hes-, and wound tend To 100 great diversity OF opinion
| ort Inc wlo.. court would however under the pro
pos p3u Dc convened only in special case 81 unusual
Difficulty or importance. Tor .uch rare occasions, ana
ior ,acn purpose, II would Lot nc found too large too
~. y =
TIE REVISION OF DECISIONS.
Another suffice, has also ensas the attention CT Tie
committee. that of providing for review Of the de
csi0ns District judge sitting alone, to try cases NOT
large enough TO admit oI appeal TO the supreme Court
At present no for any snc revision except by
application to The Judge reconsider his ruling
his remedy has never been couWcudcd by experience.
the committee are unanimous III the opinion thai some
euc review should be provided Dy law We do not deem
il necessary, however to create Tor ms purpose any
adj itional ud -es. organize tribunals. We
simply recommend that it be provided by law that any
bill Of exceptions reserved on the trial Of amy action At
law III tie United states Circuit or District courts, ana
any petition Tor rchcarns III any equity suit thAI has
| been heard in United states circuit Court shall be
heard a. Term oil huch IlIchl CONT Whch lc circuit
Judge, judge Of the Supreme Court 81 he United
states, shall present And that II shall be the dniy
Of the Circuit dSe1d OF the maze oi the supreme Court
who shall be- assigned 10 the circuit To arrange Tor ne
holding OF at least term In each IN cacn district
at which one OF those judges SHAH TIE present, ana where
bills OF exceptions aud petitions fOi reherng III equity
This method formerly in force, i'll some Of the cir
cuts least, under rule OF the court 1t was found to
al tho review necessary ia the cases referred 10 IN
smpc and expensive way. It's restoration by statute
WouId j. believed. he every desirable The COM
mittce unanimous IN recommending this change, III
that the local courts OF appeal before referred
to should not he created; except that one emDer (Mr
Hitchcock prefers to express opinion except IN aN OF
| OF SUCH COurls.
The method Of revision ought also 90 be made ap
uicabc decisions District judges upon certain
important ntcTOcutOy motions; especially nose for in
functions and receivers, and those Nncn settle all lit
gated matters preliminary to an accounting such mo-
tons often involve the entire merits OF case ana are
sometimes virtually decisive OF it, Great Interests may
upon their decision; and even in caset large enOus
Tor appeal 90 the supreme Court appeal can taken
until after final decree in the Meanwhile mucn
lus.