National Republican. (Washington City (D.C.)) 1872-1888, 1882-05-08
THE LAWS DELAY.
Eminent Legal Minds ON the Ilest Way 20
Hurry nm nnaIncaa.

The American Bar Association at It's annual
meetingat Saratoga, N. w. last year selected COM
mittee Of nine, composed Of such eminent legal
gentlemen as Edward ]. Phelps, Cortlandt Parker,
William NJ. Evarts, Richard T. Merrick, Governor
Stevenson, OF Kentucky; General Lawdon, Of
Georgia; Henry Hitchcock, Of ST. Louis; RUFUS
King, Of Cincinnati, and Judge Bradley, of Rhode
Island, TO Enquire what adequate remedy can be
provided for the delays now incident to the flual
determination OF suits pending in the highest
courts OF the United States" This committee have
held several meetings in this city and In New York,
nave given careful aud earnest study to tho work
assigned them, and four Of them, namely Messfs
Phelps, Parker, Eyarts, and Merrick, have united
IN report which Is to-day issued, and which
one or the most important documents
suggesting Legislation that has ever appeared.
The remaining five members Of the committee
could not agree with this report, nor upon any
other, but the carefully -digested conclusions Of
tne trained legal sninds who unite In this report
are worthy the highest consideration by Congress.
After ageneral reference to the Inconvenience
and tedium OF the present practice the report
says:
WE THEREFORE, PROPOSE
without presenting any formal bil the following
legislation, ns ahording the best remedy wo can
supreme Court should be divided into two or more
sections for the hearing Of the causes upon their
nuUSS. except sncn as aro hereaner ment9neu as
sections not to be made up by permanent nssign-
ment ofjudges, but by such system OF division as
tit VpbIt uNg iTDn lliDt 10 tllnc bNpeulPnIi
no judge TO sit upon review of his own decision !;
and tho cnuses not to be distributed by their sub
locls but according 20 the discretion Of the court
unt'er such regulations for tho dispatch of busi
hcss as they may deem expedlent
ALL CAUSES PERTAISfSG
70 the original jurisdiction Of the court, and all
those involving questions under the Constitution
or treaties OF the United States TO bo heard now
before the whole court, md likewise such other
causes ns the court may In Its own discretion or
upon previous application direct TO be so heard.
oil pf tIn ffxFiaf tr1h IN
ordered by such division, If thought advisable, to
be reargued before the whole court. Causes de.
cided by division, TO be reported TO the whole
court before the decision Is announced, and all
judgments TO be rendered as the Judgments of the
whole court This system as VIII be perceived
from the statistics above given. will SO increase
the present capacity Of the count for the discharge
lcasts hundred causes and perhaps more c cJud
be disposed OF yearly, taking one year with an
other,
ARATE OF DISPATCH
that would soon bring up tho present arrears, nnd
would aitorwArd enable the court to hear causes,
IL not during the term In which they are entered,
ut the next term at hrthcst. And no increase OF
the court, or of any subordinate court, will bo
necessarily required. The plan presents also the
further advantage, that other divisions of the
court besides hose now proposed can hereafter be
added, by an increase III the number Of judges, If
the iuture enlargement Of the business OF the
country shall render IL necessary. No method OF
relief should be adopted that does not anticipate
and provide for contingency which experience
shows may be so likely 10 occur. These changes
suggested nrc supported by the most cogent argu-
ments, and careful and attentive perusal of the
entire report should be given by every member of
Cong cSs