The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1882-12-27
Partisan Blindness.


After several years effort and labor
Judge David Davis. of Illinois, sue
ceeded in inducing the United States
Senate to pass a bill for the relief of the
Supreme Court of the United States
The business of that Court is several
years behind, and hence one convenient
way of suitors seeking delay is to appeal
cases to that Court There they crowd
the dockets. and by their numbers in
crease the delay in the progress of the
business of the Court. Much of this
business is of a character involving no
questions which should demand the at
tention of the Supreme Court of the
United States. but which really ought to
begin and end in the State Courts The
purpose of Judge Davis bill is to re-
leve the Supreme Court by the increase
of the number of Circuit Judges by the
addition of two Judges to the one now
provided in each judicial circuit-these
Judges to sit with Justice of the
Supreme Court to hear appeals in all
cases except those in which the Supreme
Court has original jurisdiction and
which shall be specially reserved for
that Court by the Appellate Courts.
These nine Appellate Courts are to sit
in their respective districts at least once
year. 1t is expected that these APP
pellate Courts will probably dispose of
so much of the business which now
finds its way to the Supreme Court as
will enable the latter to act pro mptly
upon the business awarded to that
Court under the Constitution.
This bill was long and carefully con:
sidered by the Senate, and was last year
passed by that body and sent to the
he I'D; of
that body has agreed to report it and to
recommend its passage. There is no
question that majority of the House
are in favor of the bin, but it is in that
parliamentary position that it, by law,
must be considered in COMMITTEES of the
Whole, from which a two-thirds ma
jority alone can rescue it.
1t is perhaps not surprising that the
bill has an opposition based upon par
ty grounds, though no serious objection
going to the merits is made. The bill
provides for the appointment of eight
cen Circuit Judges, and the objection
is made that if the bill passes now the
Republican Administration will appoint
eighteen Republicans, whereas, if the
bill be postponed until after the next
Presidential election that much patron
age will fall to the Democratic party.
This is a miserable pretext for delay
ing for several years a most important
and necessary measure, for the want of
which the business of the country has
long been suffering great Inconvenience
and delay. The bill was matured by
Judge Davis four years ago. and is in
no wise partisan in its character.
The Republicans have been in power
more than twenty years. and, though
most of the Judges appointed during
that time were nominally members OF
the Republican party, many of them
ha e since become Democrats, but still
no objection has ever been made that
they have been pa tisan to any extent
in their Office. Judge Davis himself
before he left the bench was to some
extent q candidate for President, while
Judge Field, one of the lrst Republic
ans appointed, has long since become
so much of a Democrat that he is
ranked among the possible candidates
of that party for President. No OBJ &c
ton, however, has ever been made that
the Federal judiciary has e.er carried
party politics to the bench.
Judges are not ypected to live forev-
er. During the twenty years the Re-
publicans haze been in power the
oupreIuo SOuTL Juug0S WHO were
in Office in 1861 have passed away,
and ha been succeeded by 9TH
ers. So with the Circuit and Dis
trict Judges. If the Democrats should
succeed to Office in 1885 they will in all
probability have the appointment
of large number of these
Judges in comparatively brief
time. We do not understand that
general leg Station is to stop until a
Democratic President is elected. Are
no appointments to the army or navy to
be made until the Democrats have a
President and Senate in powerp Is the
Judicial Department of the Government
to be arrested in its business until the
Democrats have selected nine members
of that party for the Circuit Courts?
Suppose the Democrats should fail in
1885 to have President in Office, must
the appointment of all Judges be post
poned until 1889, or even until 1893, to
wait the return of that party to powerP
No reason exists why the Supreme
Court should be compelled to wait until
1856 for the long-needed relief that may
not with equal force and propriety be
urged for waiting until 1889.
This objection to the passage of Judge
Davis bill is urged by the Southern
Democrats, who insist upon having a
share of the judiciary. Chicago TTib-
une.
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