The Red Cloud chief., 1886-01-15
EASING THE SUPREME COURT.
Why tn- Davis Biii Was Defeated by the
Last Democratic House OF Representa-
-s...

-
ives.
President Cleyeland's declaration
tlat there is IAN imperative necessity
FOR legislation" to relieve the over
hurdcned Supreme Court meets with
genera: approval. To supply the re-
medal legislation needed rests on the
present Congress as an urgent and inn
peratiyc duty. The court i now be-
tween -four and five years behind the
docket. and the long delay of justice
amounts in many cases To It's practical
denial. Corporations and other power
ful l~itigantS who are able to stand the
cxpen>c of prolonged litigation can
keep eases pending until the contro-
ver>y i settled b. lapse of time rather
than according to law, and the rictori-
ou> party : the one able to wear the
other out. A fresh illustration of this
fact j. furnished bv the litigation against
the Bell Telephone Company. The al
legged fraudulent patent held 10y TINS
company has only five or SIX Years
more 20 run. and by carrying is cases
III - the supreme Court and prolong-
NJ the litigation the corporation can
maintain it, monopoly for the full time
whether il has law on is side or not
To escape this hardship was the sole
object in asking the Government 10 in
stit,t e A suit TO set aside the fraudulent
uarrnt. The present condition of the
supreme Court docket gives an enor-
mons advantage to powerful litigants.
aud in many eases makes 1t imposslole
- al-nFa ra-fgaa
The Senate at It's las, session adopt
ed the Davis bill. which aims TO deal
with the difficulty by establishing an
Intermediate court midway pet"eeh
the District and Circuit; Courts and the
supreme tribunal. The function OF the
lew court would be sub>tan" laiiy ths
same a. the Appellate Court IN the
Illinois system. 1t would diminish the
pressure on the higher court by cut
inc OF needless appeals. and the great
body of cases could be pushed to maj
Indictment without Unnecessary delay.
THIS nlau commended itself Ia the peo-
nile and To the bar as much better than
the schemes for increasing the NUMBER
of JudrcS of the Supreme Court anu
DIVIDING that body into sections
measures of doubtful constitutlona!lty.
:, say the least. The Davis bill adopt
ed the wiser plan of dealing with the
difficulty near the source. anu pro|iaeo
a rood method for ~expediting business
without disturbing the present orsani
cation Of the Supreme Court Inc
measure was thoroughly considered
and the best thing Congress can 90 !,
10 take il up again and put II through
Ill, un,..s aS soon As nOS>lDlt-
The Democratic House defeated ,i'
Davis bill for the partisan re.7rn ina
il would give q Republican Adminis'ra
ton the appointment of eighteen ne"
Circu;, Justices. Had it not been fol
this partisan objection the bill woui'
undoubtedly have been adopted Mt TIT
Is, session. The situation Is now re
yer.ed. and if the bill should oe aooP'
ed Mr.. Cleveland would have m aP
pointment of the new Judges Never
theleSS. il is the duty of the Hepuohca'
senate "a adhere to its former actioi
and not initiate the Democratic hous'
in aepvipc a needed and importan
puhlic measure solely because IL woui'
enable = few members of the opposit
parry 10 obtain Office. n appoint
ment If Democratic Judges Is an un
avoidable evil. and public interests o
great importance demand that bus
ness in the Federal courts be expedite
and the Supreme Judges renewed Q
needless and frivolous appeals.
cGgo Tribune.