, 1884-02-19
TERRITORIAL JUDICIARY.
Legislation by Congress for an Increase In
the Number Of Our Judges.

WV "a "ahb oAhN 80 - oaDobAtuNO 1OI
II. R. bills 172o and 2942, in relation to
courts and judicial proceedings in the
Territories
Sec. l. That the supreme court of
every Territory shall consist Of a chief
justice and three associate Justices,
any three of which shall constitute a
quorum and they shall hold their
offices for four years, and until their
successors are appointed and qualified.
They shall hold u term annually at the
seat of government of the Territory for
which they are respectively appointed :
Provided, however. That no justice
shall act as a member of the supreme
court in any action or proceeding
brought to such a court by writ of err
ror, bill of exceptions, or appeal from a
decision, Judgment, or decree rendered
by him as judge of a district court,
SEC. 2. That every territory shall
be divided into four judicial districts,
and a district court shall be held in
each district Of the territory by n of
the justices of the supreme court, at
such time and place as may be pre-
scribed by law; and each judge, after
assignment, shall reside in the district
W WlilCn ne ID
SEC. 5. That temporarily, and until
otherwise provided by law, the COVER
nor of each territory not now divided
into four judicial districts shall, by
proclamation, define the judicial DIS
tricts for such territory, assign the
judges thereto, and fix times and
places for holding courts therein:
PrOrided, That no process, proceeding,
order, judgment, or decree of any court
of any territory, issued, had, made, or
rendered prior to the taking effect of
such executive order shall be invali-
dated or affected by the provisions
thereof.
The above bill has been reported to
the committee of the whole of house
in form above stated, with recommen-
dation for passage.
The attorney general of the United
States in his annual report o f1883, sub
United thereon the following timely
suggestion on the Importance of an in
creas in the territorial Judiciary:
Under the provision of existing laws
there are appointed In each of the ter
ritories Except Dakota) me chief JUS
tice and two associate justices. Much
complaint is made by the bar and citi-
zens having business before territorial
courts that the same judge who pre-
sides at the trials in the district courts
also sits in the supreme court when his
decisions are reviewed. The Justice of
these complaints is SO apparent that
comment is unnecessary. The matter is
therefore submitted for your consider
alton. Since 1t is essential that the
supreme court of each territory should
be composed of an uneven number of
judges the public interest requires that
a fourth judge should be appointed in
each of the territories il the Judge sit
ting below is not to sit in review of his
cases. Moreover, the business in each
of the territories is sufficient to justify
the appointment of another Judge,
making four instead of three. There
is, therefore, no reason why congress
should not grant the citizens of the
several territories the relief they ask
for in this respect.
The legislature of Washington terri
ritory has also memorialized congress
upon the question, and present its
reasons as follows:
That its area of about zoo, 900 square
miles, and population of $4,000, con-
stitute thirty-tbree 1881 counties. or
these counties three judicial districts
have been formed, in each of which
some twenty terms of court per year
are held at the respective county seats
by one of the Judges OF the supreme
court of the territory assigned thereto,
necessitating extended time for travel
to and from, irksome to the judge and
very expensive. That to enable the
judges to attend all the terms appointed
by law the terms are necessarily of
short duration and business Of import
ance cannot receive proper considera-
ton. The judges are greatly over
worked; their salaries are inadequate
fer the labor. The territory pays their
extra travel, but the people are very
far from being afforded necessary
| courts. In all the counties, remote
from those in which the judges sever
ally reside, the people are practically
without a judiciary, except at term
time. That the three judges assigned
to said districts constitute the supreme
court to hear appeals and correct
errors. All participate in the hearing
and determination of all causes. 1--WE
hold this truth to be self-evident:" Nc
Judge should be subjected to the deli
cate duty of trying whether his own
decision should be reversed. II he be
of that conscientious mold of which
judges should be made, he has decided
as pertained to law and right, mol
should he be expected to abandon an
honest conviction or admit errors. A
court of last resort so constituted must
of necessity afford rather the means fol
delay than prove a court Of appeal for
the reversal of error. To secure an ap
pellate tribunal of three. neither oil
whom has prejudged the case, we ash
for four judges, with a prohibition Of
the third judge, who tried the case In
the district court, from participating
In the bearing on appeal or writ Of
error in such cause.
The evils complained Of in Washing
ton are common in the other terri
tories.
Wyoming, the youngest of the terri
tories, and with the least population
has a property valuation, largely per
sonal) OF $50, 900, 900. johnson county
in said territory, organized less thar
three years, has within its borders per
sonal property of the value of about
49, 900, 900. This county with thii
large amount Of property has had two
terms Of court of n week each in tn,
last two years. The county seat Of th,
county is $50 miles from the place o.
residence of the judge Of that district
and the only means Of transportation Ii
| by atana or nrixate cnnYavanca