Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-23
The Court OF Appeals.
Hon. Mr.. Munford, Chairman Of the

Hon. Mr.. Munford, Chairman Of the
Committee for Courts Of Justice:
Sir,-The newspapers refer to num-
Der Of plans by which the business Of
the Court of Appeals may be expe-
dited. This is a matter OF grave con-
Germ to the public, and demands care
full consideration. One Of the modes
proposed is the organization Of district
auxiliary courts Of appeal, to which
large portion Of the business now pend
ing in the Supreme Court of Appeals
shall be transferred. This plan would
be attended with a good deal of ex-
pense, and | doubt if it would be salts
factory to litigants to have their causes
finally decided by any other than the
highest judicial tribunal known to the
Constitution.
This subject was deliberately debated
and considered by the Convention of
1861. in connection with the formation
of a new Constitution for Virginia.
When shc judicial department was
pending, Mr. Chambers, Of Mecklen-
burg, submitted a proposition which
was according to my best recollection
after the lapse of nearly twenty-five
years. substantially as follows:
The Court Of Appeals shall consist
of six members, which. after its or
ganization, shall divide itself into two
branches or departments, each consist
ing Of three members-yiz., apresldent
and two associate justices. To one Of
these branches or departments shall be
referred for final trial and adjudication
all appeals which may be allowed in
causes decided on the chancery side OF
the circuit courts ; and to the other
branch or department all causes de-
cided on the law side Of said courts
and all causes involving breaches OF the
criminal laws. But whenever it shall
be found, either before the reference of
any cause or afterwards, that it in
wolves any constitutional question or
any new principle of law, civil or crimi-
nal, OF any question Of jurisprudence in
which there have been conflicting decl-
sions, which leave doubt as to what is
the settled law Of Virginia on the sub
iect, the six judges shall sit in banc
and hear and decide the same but in
all cases which depend on weight of
evidence or the proof Of facts, or the
application of established principles of
law TO the facts, the branch OF the
court to which the cause, under the
general reference Of causes, shall
belong shall have sole and exclusive
jurisdiction of the same /; and all judg-
ments or DEGREES of either of said
branches of the court shall be entered
as the judgments or DEGREES of the
whole court: provided that whenever
either branch or department shall be
of the opinion that any cause pending
before it will involve the consideration
and adjudication Of questions of so
much gravity and difficulty as to
render it proper to have the judgment
of the whole court, and shall so certify
on it's records, the six judges shall set
in banc for the trial Of the same.
This is a mere outline of the system
proposed by Mr.! Chambers, and, as |
speak from memory, l cannot vouch
for its accuracy in detail. But this
do clearly remember, that it received
the approval Of the Convention, which
embraced in its membership many Of
the ablest statesmen and jurists Of that
day.
1t seems to me that plan is worthy
of serious consideration by the Legis-
lature at the present time. 1t is true
it would require an amendment to the
Constitution. But if the proposition
be acceptable that could be readily OBJ
tanned if the present Legislature will
put the scheme in shape for submission
to the vote Of the people as substi
tute for the article in the present Con
stitution.
If it should be adopted and incor
porated into the Constitution it woulC
be less expensive, and more efiicaciou
in expediting business than any othe
that has yet been suggested. Such a
least is the opinion Of one who was
A MEMBER OF THE CONVENTION
| nu 1891