Wichita eagle., 1886-10-15
THE JUDICIAL AMENDMENT.
To the Editor Of the Eagle.

have read Senator John Kelly's articl
in your issue of the 18th upon the subjec
of the proposed amendment to the consti
tuition for the increase of the number o.
our supreme judges. am sorry that tht
senator did not announce in unmistakabl,
terms his own views upon so important /;
question. He has left US with only three
implications as to his position. The first
is that possibly he is opposed to it on ac
count of the increased expense, and second
possibly he is opposed to it because he pre-.
fers constitutional convention, and third,
possibly he favors it. The senator voted
(, for the submission Of the proposition and
thereby affirmed that it should be adopted,
and it seems reasonable that he should now
be able to explain his vote
If my own opinion is of any value.
| wish to give it in the most pronounced
way in favor of the proposition.
1t is not claimed by any one who has
any knowledge Of the facts that our
present supreme court can transact the
business now before it and do it with any
degree of promptness and do justice to the
people.
The majority of our citizens do not
visit the supreme court and have little
knowledge Of the great amount OF
business done there, and have
no conception of the immense
amount of labor performed by the three
Judges of that court. | assert without
qualification that there are not three other
men in any calling in our state who work
more hours or perform more exhausting
labor than those same three judges. And
| will assert further that there is not an in
telligent and industrious farmer in the
state who does not accumulate more wealth
each year than either of those judges
Now there is another fact, and that is
there are enough cases already accumulat-
ed upon the docket of that court to occupy
the time of the court in properly disposing
of them, for the next two years.
Another fact is, that cases are accumu-
lating faster than they can be disposed of;
SO it is certain that at the end of each year
the court will be further behind than the
year before.
There is another fact that can be demon
strated beyond question, and it is that those
men dispose of more business in the same
time than any other three supreme judges
in the union. The amount of litigation in
our state is growing faster and faster every
year.
The tremendous developemcnt and
growth of the sta.e in population and in
every kind of business enterprise; the won
terful extension of its railroad system; the
rapid settlement and organization of new
has had au inevitable accompani |
ment of growth of litigation.
Not only has the number of litigated
cases enormously increased, but the sub
ject matter of litigation in the great major
ity of cases has grown in importance and
value sa that a greater proportion OF cases
tried in the lower courts are carried to the |
supreme court than before.
The result Of it all is that it is physical
for three men to transact the |
business coming into our supreme court. The
question then comes to the people to say
whether they will meet this question in an
spirit and increase the number
Of Judges, so that their fellow citizens who
are so unfortunate as to be compelled to re-
sort to the courts to determine their con-
roversies may have reasonably speedy
hearing. or will they choose a course which
will result in practical denial Of justice in
1 large number of important and meritori-
Dus cases? l venture to say that there are
more railroad cases tried in the courts of
his state this year, 1886, than all the cases
ried in the year 1885 pat together. 1t
) matter of common observation
hat large proportion of the time of our
ourts is taken up with railroad litigation
I is also Il matter of common observation
hat every case which results unsatisfac-
oriy TO a railroad company, and most of
lemsdo, is taken to the supreme court.
he companies are able to carry their
ases mp and they do it, which of course
lev have the right to do. If the present !
ondition of things is to continue, a greater l
of cases will be taken up than
VI. rp7y for tho rn,uoo hot IN tai- n,Sa l
, the supreme court will be TO bury it q
here will be no way to prevent it, The
esult viii be that the unfortunate and i
ecdy suitor will be wholly at the mercy '
f his rich antagonist.
Let poor man be killed as the result of L
he rccklcssness of a railroad engineer, and
cave a family destitute The statute re- S
uires the railroad company to pay such C
lm as would provide reasonable mainte- c
ancc for the family.
If our courts could take up and decide
ich case as soon as presented, this pro-
ision of our statute would be of great a
alue to such a family. But with court '
0 overwhelmed with business that cases
annot be heard for two or three years t
fter they reach the supreme court, I
he discouraged and heart-broken p,
Iidow is compelled TO accept |
7hatever miserable pittance the company
eeS Iii 10 give As n compromise. T" t
Legal controversies are The inevitable ac- /
ompanyment Of organized society. With j
Ut courts we must have chaos. IT is as
llDh Iha liiiY Of Tho I.n.ANln If III, n