Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1884-06-20
Overwhelmed With Litigation.

Upwards of 1900 cases are awaiting
adjudication in the United States Su-
preme Court. AS 400 cases is the limit
which the court, as at present consti-
tu,ed, can annually dispose OF. it 10
three wears and over behind in it's work,
Since the act of March 2, 1902, there
las been no essential change IN tho
present system.
On May 2, 1882. Senator David Davis
introduced a bill to establish a CourG OF
Appeals rs q measure OF relief. Inc
bill passed the Senate after a prolonged
debate. 1t was not taken up by the
House during that session OF Congress-,
and matters have since renamed IN
stau smo. During the present Congress
the Davis bill has been brought up N
both Houses. A second bill, introduced
by Senator Lapham, to provide for
courts of review in the various circuits
of the United States, and to regulate
the practice in civil and criminal cases
in the courts OF the United States, has
been rejected by the Judiciary Commit
tee, and the Davis bill now remains in
the hands of Congress.
The extraordinary annual increase of
cases before the Supreme Court has led
to a universal demand for immediate
measures of relief. With the growth
of the country the species Of cases arc
constantly increasing, Us well as the
number. A Justice of the Supreme
Court has to administer the local law of
States. Nearly every State has more or
less maritime interests, internally OF,
externally, and these are productive
of a vast number of admiralty;
cases on which he must render
decisions. The discussions of citi!
zens constantly increase with the
rise of population, and he must look
after numerous cases of equity iurispru-
icnce. Inventions come on, infringing
on each other, and he must sit in end
less patent cases. Books and periodi-'
Gals increase, and he must adjudicate
copyright cases. Under the treaties Of
acquisitions OF territory he must decide
lean and French land systems. He
must look alter revenue cases and the
laws OF nations. Add to these the con-
stitutional cases and those brought on
by the civil war, and some comprehen-
sion of the work of q Supreme Court
Judge may be had.
A Chief Justice and eight justices
form the small fortress against which
this flood of cases has beaten for nearly
. a century. Some of the states have bet
ter systems Of courts than the United
STATES. This may be said of Illinois,
where, under the new Constitution of
1870. intermediate courts were estab-
lished. These have been SO successful
that few have been removed from them
to the State Supreme Court for re-eN-
animation.
The Davis bill has a similar intent of
cutting off some of the numerous cases
OF their way to the National Supreme
Court. 1t establishes a Circuit Courtin
every district where no such court now
exists. 1t gives all Circuit Courts two
additional Judges ana deprives them OF
jurisdiction IN eases of appeal or writs
Of error, except reviews in bankruptcy
cases as provided for. 1t establishes a
Court Of Appeals in each circuit with
appellate jurisdiction. This consists OF
a supreme Justice, the Circuit Judges
of the circuit, and two District Judges
designated by the Court.
A writ of error may be taken. to this
court from any final judgment of the
Circuit or District Courts within the cir
cults on questions involving $500 or OF
general Importance. Any writ may be
issued which the Circuit Courts now
have. The bill provides for nine Courts
of Appeal, to be held in Boston, New
York. Philadelphia, Richmond, New
Orleans. Cincinnati, Chicago, St. Louis
and san Francisco.
The decisions Of these courts on ques-
tons of fact are to be final. but a review
upon the law may be had on awrito error
u appeal to the Supreme Court, where
$4,000 or more, or a constitutional or
treaty question is involved. The SUI
preme Court, however, may still review
patent and copyright. cases in equity,
regardless of the amount involved, up
on c%ertitication by the Court of Appeals
that the matter is of sufficient import.
ance. The objection to this item has
been made that the sum OF $40, 900 is
too high. Yet under the present sys-
tenn half of that amount is REQUIRED.
while under the new system any case
involving $500 can have the benefit q
two high tribunals-the United States
Circuit courts and the Courts of Ap-
peal. The decision OF the Court of Ap-
peals upon facts is made final, aud
leaves the supreme Court only to deal
with the law. The appointment of SO
many additional Circuit Judges would
greatly relieve the present incumbents,
and hasten justice 10 waiting litigants.
Congress has rejected several expert
mental plans for the relief Of the Su-
preme Court. The proposition to add
to the number Of its Justices only fur
nished more men to do the same work.
1t was found impossible to anpor1ion
cases to separate Justices, whose upin-
ions would nave TO be accepted by the
whole court without united eXapina-
ton. The plan to create twelve new
justices and divide the court into three
sections OF seven each was found to be
unconstitutional. There would ihe,,
be, practically, three Supreme Courts,
and he Constitution re luircs but one,
but allows Congress to create inferior
courts. The objection successfully
urged against Senator Lapham's bill to
provide Tor courts Of review in the
various circuits of the United States was
that it complicated matters too much
Washlng'on Cor. a. Y. San.
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