The sun. [volume] (New York [N.Y.]) 1833-1916, 1884-05-04
OVERWHELMED WITH LITIGATION.
TIE Pressure Cpoa the supreme Csurt which
Csasress 10 Asked 60 Relieve.

TIE Pressure Upon the supreme Csart which
Congress 10 Asked 80 Relieve.
Upward Of 1000 cases are awaiting adjudl.
cation In tho United States Supreme Court As
400 cases Is the limit which the court, As at
present constituted. can annually dispose Of
1t Is three years and over behind In its work.
Since the act OF March O. 1902 there has been
no essential change In the present system.
On May 2. 1882. Senator David Davis intro
duced bill to establish a Court Of Appeals as
measure Of relief. The bill passed the Senate
after prolonged debate. 1t was not taken up
by the House during that session Of Congress,
and matters have since remained in statu quo,
During tn" present Congress the Davis bill has
been brought up In both Houses. A second
bill. intro duced by Senator Lapham. to provide
ior courts Of review IN the various circuits OF
United States. has been rejected by, the Jul
dietary Committee and the Davis bill now re-
mains In the hands OF Congress-.
before the Supreme Court has led to a uniyer.
~! demand Tor immediate measures OF relief.
With the growth OF the country the species OF
cases are constantly increasing as we'll rs the
to administer tha local law OF STATES. Nsa .
every state hns more or less maritime interests,
internslly or externHly. and these are produc-
which he must render decisions. The dissen-
sions OF citizens constantly increase with the
numerous cases OF equity jurisprudence. In
ventions come on. infringing on each other
and ne mSt ST ~ endless patent Books
cate ,copyriEht cases. Under the treaties OF no.
HSsit1ns tsrr'o.y h. Mnss decide titles to
land systems. He must look after revenue
cases and the laws OF nations. Add to these
the constitutional cases and those brought on
the work OF a Supreme Court Judge may be- had.
A Chief Justice and eight Justices form the
has beaten for nearly u century. Some OF tho
States have better systems OF courts. than tho
whers ner the new aS ns sta
termediate courts were established. These
have been SO successful that few cases have
been removed from them to tho State Supreme
Court for determination,
The Davis bill has similar intent Of cutting
on some OF tho numerous cases on their way TO
Circuit Court In every district where no such
court n n9W exists y gives al Circuit Courts:
jurisdiction IN cnsrs OF appeal or writs OF error.
s ok en- reviews ,n bankruptcy cnses rs provd.
each Circuit w spps eoa1 q Th II
Judges c Of, iho crcnt; md two District Judges
A writ Of error may bo taken to this court
r IRON any ns OF TIE Circuit or Dis
volvinG $500 or OF general Importance. Any
nov have, The bin provides for nine Courts
Philadelphia. Richmond. New Orleans. Cncin-
nati. Chicago. st. Louis, and San Francisco.
Inc decisions OF these courts on questions OF
TACT 4re to DO hnHl. but u review upon the law
may be had on u writ Of error Or appeal to the
Supreme Court where $4,000 or more. or u
constitutional or treaty question. IL involved.
Tue supreme Court. however. may still review
patent and copyright cases In equity. regard
less OF the amount involved. upon certincation
by tho Court OF Appeals that the matter Ia OF
suftlctent importance. Tho objection to this
Item has boon made that the sum Of $4,000 la
too high. Yet under the present system half
OF that amount IL required while under. the
new system any case involving $500 can hive
States Circuit courts and the Courts OF Appeal
The decision OF the Court Of Appeals upon
facts is made tnai. aud leaves tho Supreme
Court only to deal with the law. The appoint
ment OF SO many additional Circuit Judges
would greatly relieve the present incumbents
and hnsten justice TO waiting ltlRsnts.
Congress has rejected several experimental
plans for the RELIEF OF the supreme Court. The
proposition to add to the number OF Its JUS
tces only furnished more men to do the same
work. II was found impossible to apportion
cases TO separate Justices. whose opinions
would have 70 DO accepted By the whole court
without united examination. The. plan to
create twelve new Justices and divide the
found to be Unconstitutional There would
then DO. practically. three Supreme Courts.
and the Constitution requires but one. but al
lows Congress- to create inferior courts. Tho
objection successfully. urged against Senator
in the various circuits Of the United States Wa
eAAt u eomDlioAtAd mAtloU TOO much.