The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-05-28
THE SUPREME COURT.

THE SUPREME COURT.
When the United States supreme court
term came to an end the other day, there
were many cases which had been argued
but in which decisions had not been rem
dered. All these must go over till Octo-
Der. and undoubtedly some of them will
not then be decided, as the justices will not
find time to write the opinions. Chief
Justice FULLER said there were on the cal
endar more cases than could be reached in
three years, and with the ordinary inter.
ruptions by habeas corpus hearings, and the
advancement of important cases, he did
not think the court would be able to hear
the last number on the calendar to-day
inside of four years. This condition of
things, all will concede, is not as it should
be. The usefulness of the highest tribu-
nal in the land is lessened, and in some in
stances destroyed. Individuals are denied
the right of hearing Of their grievances
and Justice is often defeated by the delay
which litigants cannot stand. Various
plans have been proposed for the relief of
the court, some of them practicable, and
others childish; but none have been acted
upon by Congress, and the evil increases
with the years. 1t was thought that when
the amount involved in a case which could
be appealed was raised from 81 900 to
$1,000 relief would come; but the eX
pectation was not realized, while
great wrong was done in deny
ing appeals, no matter how out
rageous the Judgment in the lower
court, when the sum in controversy was
less than $1,000. There are numerous in
stances where it is known the judgment
would have been reversed if the higher
tribunal could have been reached. If
litigant cannot get justice in a lower court
involving p o99, he must accept injustice.
Chief Ju-- e FULLER suggests that appel
late courts be established, which would ad-
Just many of the disputes which now go to
the supreme court; but this would not cure
the evil, for itigants would still want to go
to the tribunal of last resort, as they should
be permitted TO do. 1t has also been pro
posed to increase the number of supreme
court justices, and while this might help
some it would not overcome the difficulty.
1t would expedite the business of preparing
opinions, but twenty judges could not hear
an argument or decide law questions any
faster than nine. 1t is also feared that
more Judges would make the court cumber-
some, involve more discussion among the
justices over their decisions and might
actually hinder business.
The best plan, it seems TO US. is that
which proposes to relieve the supreme
court justices of their duties as circuit
Judges. The supreme court is now in vaca-
ton, and will remain closed until October
FIVE months. a good many people think the
justices are spending their time at their
homes or at some fashionable resort, and
we have seen in newspapers criticisms
based on the suppOsition that the
Judges were earning their salaries
by loafng half the year. Each of
the justices is assigned to a circuit
comprising one or more states, and when
the summer vacation of the supreme court
occurs, the judges depart for their respect
i've circuits, where they mt in weeks and
months Of really harder judicial work
than they perform at the capital. If they
were relieved of this duty, which is
not actually important, and could keep the
supreme court open three months, say,
longer every year, they would soon shorten
the calendar which is now so formidable as
to appall those who have meritorious cases
but who cannot afford to wait years for an
adjournment of the rights involved.
The people of Utah, in most OF their
litigation, have been more fortunate in the
matter of avoiding delay in the supreme
court than other communities, many of the
cases going up from this territory being of
such a character as to be advanced on the
calendar and taken up out of their regular
order. Had these cases taken their
regular course, the contention would have
lost its point long before the decision was
reached. Still there have been cases in the |
supreme court from this territory which
have been delayed so long that the parties
have ceased to take interest in the contrc-
versy
The evil is one which the present Con
gress should be prompt to remedy. Our
statesmen should get it through their heads
that while the supreme court was able to
keep up with the business in the early days
of the republic, there are seventy millions
of people in the union to-day who look TO
that tribunal for an Interpretation and ad-
justment of their legal rights. What was
adequate seventy five years ago is woefully
deficient now.