New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-15
THE MAJORITY REPORT.

l.
Having described the necessity, which is universally
admitted Of relieving the supreme Court in some way
and having briefly stated the characteristic features OF
the various methods proposed the majority report con
tinues rs follows:
rh horacteristic feature of the remaining plan for
the relief OF the Federal judiciary ms well the supreme
as the inferior Courts which Is common 10 c pis
froduced respectiyely 10y Judge Davis III te rehe anu
Mcssrs Payson McGook and Hardy i'll the House. is that
il proposes TO create, in some FORM IN te severa CIR
be 'esiablis6ed an intermediate Court of Appeals,
TO which, in the first Instance, an appte'i ,
The Circuit or District Courts; the judgment OF such
appellate 10 be final in all cases lnNoNhS Tess
than 10000 except TO certain classes OF cases OF
questions arising there decided for the review
Of which by the supreme Court because OF the mature OF
importance OF the question involved anu WtnTuv ~
sricon as TO amount provision made by the plan III
question This plan excludes alike any increase III
the number Of Justices OF the supreme court any
division Of that court into sections, and the establish
ment of any new appellate court at Wasnim l
court the function and dignity OF National
court Of last resort whose exalted once Is NOT ~
furnish TO disappointed smiors tle olPoTtuni! H
another hearing but rather in the interest OF the people
at large, and of the harmonious ana orderly adhsua
zion OF justice throughout lhc Ianu, ~ SUPP az
regulate the proceedings and correct the errors OF all
inferior courts and thus to every citizen the uni
form and cqna protection Of the laws without denial or
delay. BY this plan the needed reef Is to be PROVIDED
by sufficiently increasing the judicial force needed III the
several circuits 10 which there are dl1erent suSSes
tons Al. .o,,o, ,or tho e,,re,,e Conr, nv linn
itng the right of appeal thereto from this Appellate
Court. All the bills mentioned, except Mr.; Hardy s.,
mD1e t lnGn $4,000. or, without regard
10 the amount involved, (9 the construction
of the Constitution or IA treaty or law Oh me l mica
states 90 questions certified by the Appellate Court
TO be Of such nature or Importance a. TO equiIe una
only the specific questions OF Law ia DISPUTE 10 DC &c
ned up, and the decision OF the Appellate Court on ques
Iions OF fact to be Those competent to form
Supreme Court after dsposng Of its present arrears
could easily keep up with It's docket
DIVISION UNCONSTITUTIONAL
The report questions gravey the cOnstituiionaiy Of
the plan for dividing the court into sections, holding
the provisions of the Constitution vestng judicial
authority supreme Court" is mandatory, and
ahat two coordinate SECTIONS arc not one court
The report continues:
Nor is the difficulty obvated by providing that the
Judgment OF each division shall be entered as the judg
judicial functions except by authority OF law, ana the
law cannot clOthe hun with any such functions except
consistently with the requirements OF ihe SOhsl'uuo
law therefore, which under whatever device OF ar
rangclnent should III effect authorize any one OF
more these judges to exercise judicial functions eA-
cent constituent member or the one
Supreme Court provided for 10y the Constitution would
would be SIMPLY void Nor would the difficulty De mel
nv uro\ing that the conc usons separately reached by
divisions or committees OF the court being submitted u
anu approved by their remaining associates, should theu
be entered as the Judgment the court There ar,
eevcra objections tins. In the first place IT is The
absolute night Of each sutor 10 present bis whoe case
both evidence and argument, TO each ana ever.
7nember the whole court acting as such as completely
rules of the court ana the cony eheht uisPatS
OF business allows He cannot ENJOY tins rSn'' II OBI
three judges really hear his case ana te remain
iuc ST.
majority Of them Zach one OF 'le JUDGES has an ~
cidual duty to fulfil toward each sutOr winch can no
thus be performed Moreover, even we're TINS Jun
ment OF its duly by and the several judge
thereof the time necessarily occupied by the SIX Judge
in verifying the conclusions O Tie tlreeli thty lunlle
their duty ia that regard-wOuld necessarily be equiv
alent TO hearing by the iuI OeHch ana IL t d Yer
DONE the supposed advantage VI sltlhS Ia DIVISION
would be thrown away entirely
The majority of the committee also believe that div
sion of the would greatly impair it's dignity all
would a danger Of conflicting and unsette
decisions at the time essening or destroying pull
lie esteem and confidence For all these reasons the
cannot approve any plan for dividing the court
OBJECTIONS ANSWERED.
The objection which has been raised that great extr
expense might incurred by the plan which they SUI
port is answered by the majority Of the committee
the declaration that adequate judicial machinery is
wise economy. They continue:
Again. il has been urged that the establishment OF min
Appellate in the several circuits would tend l.
conflict of decisions and consequent uncertainty IN IN
the profession would Dc embarrassed o.
,Iiar Rut ms Injection oyerlooks the fact that tn
nine circuits already exist, with no appeal from
nny Court In civil causes under $1,000 nor IN any
no trouble. As to the new Appellate Reports, they
would merely replace the present Circuit reports 1
II has also been doubted whether the establishment -
these circuit Appellate Courts would nave tle desired
effect relieving the supreme Court by reducing The
number OF appeals 10 Washington But III ms regard
the plan in question furnishes more than one reason for
favorable anticipations BY relieving the Supreme
Court of the consideration OF questions OF tacl as to
which the sutton nevertheless can be heard a second
time In the intermediate court IN proper cases, one OF
TIE chief of plethora in the Supreme Court
would be removed. Moreover, as already mentioned
actual experience OF system similar in principle tested
during hve or SIX years past III llnols warrants the
beief-in itself obviously reasoDable-that
large number OF cases which might be
appealed to the Supreme Court viii stop al
rIe intermediate courts; such being the fact,
the undersigned learn from unqucsuonable sources. III
that state And sun further the plan In question pro
Sides thai n under 100000 instead of sending uI
the whole record only those questions Of law shall BE-
certified up respect OF which the decision of the inter
mediate complained Of Under these conditions
the expectation OF great and adequate relief " the Su
premc Court is more than reasonable
The report concludes with expression of the belle
that Congress would provide sufficient inducements L
men Of the highest standing TO accept positions thu
bench OF such Appellate Courts, thus securing to then
due respect and confidence ard that the people would
appland The plan as one bringing prompt justice near
their own homes.