New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-30
RELIEF OF LITIGANTS.


of rcorganizing the Supreme Court Of tho United
States upon more effective basis is a subject which
has at last forced itself upon tigants, lawyers.
Representatives, Senators and upon the members
of the Court itself, in manner and degree which
! augcr some a tempt at speedy action by Congress.
| AZ lis meeting last summer this subject was dis
cussod by the American Bar Association. which
appointed q committee to take the matter into con-
sideraton. meeting of this committee was held
in NeG-IOrk last September, and another IN
/ Washington n few weeks ago when various
plans of relief wcrc suggested and discussed, ana
the views of members of the Supreme Court were
asccriained by those IN conference with them, but
10 conclusion was reached. Another meeting OF the
c0mmit,cc Is 90 be held in Now-lOrk next FRIDAY,
further 10 Dis the matter and If practical to
recommend specific measures Oflesisation.
The Judiciary Committee of tire Senate has before
Hill tpropos"d by Senator DAVID Davis which pro-
fer intermediate courts of appeal, and TINS meas re
yides finds much favor among members of the
legal profession: although senator Edmunds, chair
man OF the Judiciary Committee strongly opposes
it. Another bil proposed by General Manning. Of
Ml,,Is ,2pi is uelorc tn" House Judiciary Commit
tee. which has not yet, however entered upon its
consideration. II is M :crstood that majority OF
the Supreme Cont favor Jul igc DIvi5S bill, while
As jcac Justice Field is quoted in favor OF the
one offered by General Manning in the House Of
Representatives, and its provisions meet the ap-
! provai OF many eminent lawyers and jurists
| throughout Tie country.
Mr. Manniugs bill provides that the Supreme
Court shall hereafter consist Of ChietJusic' two
Assistant Chief Justices and six Assocatc-Jusices;
that tho cOur. shall b. composed OF three divisions
over which lhe ChcfJust;cc and Assistant Chief
Justices shall respectively preside. and TO each of
II, 6 ~,
be assigned that the business OF tn court shall he
distributed anon, three dvieious-equity causes to
one common law causes TO another, and all ad-
miralty and rev nue causes and ca in which the
United States interested to the third But when tie
record requires construction Of the Constitution OF
the United atcs treaty Herewith, and also all
causes brought writ OF error from the supreme
Court OF any State, the same shall be considered by
court in general session. If all or twO-hrds OF the
Justices Of n division concur in any Judgment 1t
shal be reported to the full bench and final judg-
mont shall be entered and unless the court shall
deem il proper there all be no rchearng. The
court shall sat in General session at least once In each
month The other provisions of the bill relate
merely to minor matters &C organization and de-
tails OF administration.
Gentlemen in Washington who arc interested in
the pending legislation. have lately received numer-
Gus interesting suggestions and expressions OF
opinion from lawyer, in all parts of the country.
Many of the suggestions appear 10 have been called
ont by pcrusal Of General Mannings bill, and
some of them are given below.
Judge Charlie 4. RapalJ. of the Ncw-York Court
Of A4peala approves tn general features of the bill,
and SAYS: IL cmb dies in its general design an
idea which have long entertained-that the only
effect "a lilo 10 OF nBGsing tho court 70 disIcsc or
the constantly increasing business which comes be-
fore it, is 10 divide its labOrs. Tho main office of
the court 70 decide finally all questions involving
lin construction Of the Constitution and statutes Of
tc United states and treaties ana Interstate con-
tr0ycIsies and other cases OF Federal interest For
these purposes It's UNITY shoud be preserved and if
tlc principal branches of the court could be con-
fined 10 tIcm. it would. / tmuk be il its power to
d,ypose of all such cas,s But il is now encumbcrcd
with host of others of less public interest and
many Of them involving only the pecuniary inter-
csts Of ndiyiduals. !. these can be classified and
committed to branches oi courts. justice can he
quite as well administered and the
main function of court lcft unobstructed.
There sceaIs to LIo 10 be no reason why branches
devoted TO patent Gases admiralty cases and con-
sroyerses which come into the court merely by
reason OF the citizenship Of parties, but which in
volve no Federal question: could not afford the
required relief. There i, no reason why these cases
should he permitted to cncnmber the court so as to
prevent il from exercising the mar functions for
which it was instituted And rs To patent cases and
admiralty cases, those who made them spocialties
would acquire a familiarity with them which would
grcaly facilitate the dispatch of business and insure
uniformity of decision An Increase in the judicial
force would probably he required, but | see no
reason why the distribution of business could not he
made according 10 the scheme OF the Manning bill.
The controlling uont is 20 have The principal branch
devoted to purely Federal questions, so that If may
he within the compass Of 5 physical powers to give
due attention 10 these. 10 require the whole conrt
TO hear all the cases aud also 20 require the judges
TO attend to the business of heir respective branches
would fear. not furnish adequate relief: bnt pro-
vision corjd be made for hearing be-
fore the full court Of cases OF great public i'm
portance. If branches were constituted by an ad-
dItion to the present number of Judges l think
substantial increase in the working power OF the |
court would he Ohtancd.'
Jndgc Poland of Vermont, criticizcs the bill as |
follows: | cannot say approve the bill. The in |
ability of the Supreme Court to dispose of n great
amount Of business consequent upon the great in
crease in the population and business Of the country
and the great enlargement Of the jurisdiction of the
Federal courts in the last twenty years, is no ncw
subject When was in the Senate fifteen years ago,
The matter was up in Congress, and aided in pre-
paripg bill for an intermediate court with so large
a fna jurisdiction To relieve The court OF large
number of eases. ! understand that substantially |
the same bill is now before the Senate, known rs
Judge Davlss bi l. | am strongly Of the opinion |
hat it Is the best mode of relief. IN our great
country aud with our dual system of government, |
the Supreme Cont is the great balance wheel and
must be kept strong and vigorous or we shall have
trouble | greatly fear that cutting it up into sub
divisions would not only be injurious to tho coun-
try. but would frtter away its dignity and conser-
vatIve influence in the Nation. l fear the Court |
mt, Lind Of hnsinnes nlina and |