Savannah morning news. [volume] (Savannah) 1868-1887, 1882-05-05
Relief Of the United States Supreme

Senator DAVID DAVIS mas lntIOouCeu
bill in the Senate to establish United
States Court of Appeals, which is re-
earded as the best remedy yet suggested
for the relief of the overburdened
calendar of the United States Su-
preme Court. 1t provides for the
appointment of two additional Cir
cult Judges for each circuit, and
requires that a Circuit Court shall
be held in every Judicial district of the
United States, with terms corresponding
to those of the District Court. These
Circuit Courts are deprived of all juris-
diction in cases of appeal or writs of
error from the District Courts, except
reviews in bankruptcy cases as defined
by the present law. In each circuit a
Court of Appeals is to be established
with appellate jurisdiction in all cases
arising in the District and Circuit
Courts. This Court of Appeals is to be
made up of the Justice of the Su-
preme Court assigned to the cir
cult, the Circuit Judges there
of, and two of the District
Judges to be assigned by order of the
court for the succeeding term. The JUS
tice of the Supreme Court, or, in his alb
sence, the senior Judge of the circuit, is
to preside, and four Judges are to con-
stitute a quorum. The court is to be a
court of record and appoint its own
clerks; the Marshal of the district is to
serve processes for the Court of Appeals,
and, with the approval of the Attorney
General, to provide rooms and pay all
expenses. These courts are to hold terms
severally IN Boston for the First Circuit,
New York for the Second, Philadelphia
for the Third, Richmond for the Fourth,
New Orleans for the Fifth, Cincinnati
for the Sixth, Chicago for the Seventh,
st. Louis for the Eighth, and San Fran
cisco for the Ninth. The regular terms
are to begin on the second Tuesdays in
May and the first Tuesdays in November,
and adjourned terms may be held from
time to time as business may require.
The Jurisdiction of the Court of APP
peals is extended to writs of error and
other appeals from any final decree of
the Circuit or District Court in all cases
WHEN the value of the property exceeds
$500, or where the Circuit or District
Judge shall certify that the adjudication
involves a question of general import
auce, except that there is to be no review
of Circuit Court decisions in bankruptcy
proceedings. Proceedings in the lower
courts are not to be stayed except in
cases of temporary injunction or capital
punishment. In general, the Court Of
Appeals is to be governed by the laws
now in force touching appeals from the
Circuit Court to the Supreme Court
and writs of error from the Supreme
Court to the Circuit Court. The decisions
of the Court of Appeals are made
final and conclusive, with the following
exceptions: A review of the law may
be sought upon writ of error or appeal
to the Supreme Court when the matter
in controversy exceeds $4,000, and in
cases when the decision turns upon the
construction of the Constitution, or a
treaty, or law of the United States, and
also when the Court of Appeals shall
certify that the adjudication involves a
legal question of sufficient importance
to require that the final decision thereof
should be made by the Supreme Court.
1t is also provided that an ppeal to the
Supreme Court shall lie in all cases where
the law provides for such an appeal now
without any limitation as to the sum in
controversy, except in cases touching
patent rights'and copyrights.
1t will be seen from this sketch of the
bill that the plan proposed by Judge
Davis will relieve the Supreme Court of
much of the litigation which accumulates
in that tribunal, and at the same time it
provides additional facilities in the
United States Circuit and District
Courts. 1t does seem as if Court of APP
peals, made upOf one Supreme Judge,
three Circuit Judges and two District
Judges, should be safely trusted with
the final adjudication of all cases in
which the sum involved is not more than
$4,000, and in which no cOnstitu-
tional question is at issue. The great
advantage of such court is that it will
not only be intermediary. but also a
court of last resort, thereby saving much
time and expense to litigants, who now
have to await as patiently as they may
for the adjudication of their cases IN the
United States Supreme Court. 1t is
thought that the need Of relief for such a
tribunal, and Judge Davis long Judicial
experience, will induce the Senate to act
favorably and promptly upon this meas
ure.