Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-09-11
THE SUPREME COURT.
THE CROWDED CONDITION OF THE
DockET-ReMEDIES SUGGESTED.
An Interesting Talk with MIR. Justice Har-
lan-Plans Of Reiief-Nic~so
Lawyers.
rs,.n correspondence Of the Di.pa,ch.l
WAaM SPRINGS, Scptember Z, IoSg

hem ovcrrnlcd. We have, as usual, this
wear The law section and MIR. Justice
Harlan. of theSupreme Court, is, of course.
the recognized head. Another prominent
member Is Judge CraNens, OF ihdlaha.
few evenings ago the matter Of the crowded
condition OF the docket Of the supreme
Cont was spoken Of. and this opened
tho way 10 me for a little talk
subsequently, with Judge Harlan re-
rarding the evil and the remedies sug,
eostcd therefor. What Justice harlan had
10 say will prove interesting TO the legal
fraternity II not 20 the general pubic
The question Of relieving both the Su-
premc Court ard the liueants IS one that
sooner or later Congress must take hoIo Oh
and it is the opinion Of lawyers with whom
i have talked that the more the subJect Is
ac1tatcd the better Justice Harlan Whic
holding the view that judges ought TO be
very guarded In what they say Tor punilca-
ton, has none Of the "coyness OF tne
"statcsman" who don't want 10 tax 20
ncyspapcr-,ncn. but does. What he thinks
he should say he SAYS frankly. lie IS
EQUALLY frank ia telling You that certain
questions hc should not answer
ATAIK WITH JUSTICE HARLAN.
O. Have you any objection To stating
what Is the present condition of the docket
Of .hc supreme Court Of the United States
as compared with previous years
A None at ALL / should guess that the
number 81 cases that will appear on our
docket az the beginning of the next term
will exceed twelve hundred Inc business
of the court has steadily increased Tor
many years. the largest increase beng
within the past twenty-five years
q. How long would II take 20 rrach
case nut upon tho docket say, tins monthI
4. In the ordinary course OF business u
will be reached in about three ycars-cer-
family within three years and hall.
q. Is not this almost a denial OF Justlce
IN many cases!
TIE COURT NOT RESPONSIBLE.
4 Yes. But IL is fair 10 saw that the re-
eponVbilty for tins condition OF Things Is
not upon the court. We do all that can
De done 10 facilitate the disposal oil hnsi-
ness Every case with very few c&ccp-
tions) that we are able 10 reach on the
docket during any term Is disposed OF and
+bo decision announced during that term.
few cases after being decided N COME
renee 90 over each term because the JUS
tee who Is 10 write the OPINION desires
more time than he has for 10 while
tb. court is in session. At least
three fourths of the cases are decided, the
oDiuions written. and the decisions an
uounced by the second Monday after they
are submitted. During the eleven years
and hall Of my services on the D1hch
not exceeding ton or twelve cases OF those
kUNn1IlFfl uilIiuA Il VI Alof' ~ 80
over that term. | may say that oi all the
casrs submitted at the last term only hYe
are now in the hands of the justices. 80
Won see that if our court was composed oil
twice the number of justices now there no
more business under the present system
could be done than has been done each
term.
q. II the cases were divided among the
Justices would not the business OF the
,0urt bc thereby advanced
NOT AT ALL.
A. Not at all for. rs | have already sad,
Ill the cases with q few exceptions when
the cOurt Is able to reach during the term,
by submission on briefs or 10y the regular
call of the docket, are disposed of during
the term. Besides the assignment OF cases
to individual judges for examination, 10 he
reported on 10y them 10 the whole court
for decision, is q miSchlcNOuS nOde 81
trapsactinr judicial business. In our court
each Justice examines every case IA his own
room separately from his brethren, and the
decision depends upon the CONCLUSION
reached in conference by majority. We
do not take any ones statement a. 10 what
the record shows Each justice examines
the record for himself ANY other mode
of transacting judicial business ls not only
mischicyOus IN the last degree, but Is un-
lust to lltlgants.
The EKMTDIEs SUGGESTED.
o. What then, is the remedy for the
existing state Of things! What remedy
has been proposed?
A. These are questions more easily ask
cd than answered. And yet If Congress
would turn It's attention to the matter
seriously the evil could be rcmedicd. Az
10 the remedies that have been suggested
| recall several: The Senate once during
the Administration of President Hayes
and again during that of President Arthur
passed. what is commonly known as the
Davis bill But the House of Representa-
tives did not act upon It. If remember
correctly that bill provided for the APP
pOintment of additional circuit judges Tor
each circuit and for the organization of
court of appeals in each circuit 10 bc COM
posed of the circuit judges and district
Judges, with final jurisdiction III large
number of cases that under existing
statutes can be carried TO the Supreme
Court.
Another plan suggested is the creation
uf one court of appeals Of the United
States 10 Toe composed OF hve or seven
judges and located IN Washington, with
final Jurisdiction IN large class 81 cases
not involving questions OF Federal ma
ture which now get TO our court, ana
which are brought originally III the Cir
cult Court because of the diverse citizen
ship of the parties.
ANoTHTR PLAN STILL.
Another plan favored by some lawyers of
high reputation - To increase the number
of justices of the Supreme Court 70 fifteen
or eighteen, and have them SIT IN sections,
each composed of five or SIX Justices with
power in each section to dispose finally OF
the cases assigned TO II, unless gwen
number of the particular section decide
that the case Is one which should 90 before
the whole court This plan Is regarded by
some as obnoxious to the constitutional
provision relating to zone supreme COURT
Still another plan has been suggested.
That plan does NOT contemplate an IN
crease of the Federal judicial force, eX-
cept. perhaps. IN particular circuits, where
the business IS very great, TO give one or
more additional circuit judges. But II
provides for court of appeals of the
United States towhich shall be transferred
all the cases now on our docket and all the
cascs hereafter 20 come from the various
circuits that DO not involve questions of
Federal nature or relate To foreign minis
tiers or treaties the court To bc held at
three different points IA the United States,
say New York. Chicago, Richmond, or At
lanta This plan contemplate that the
Court of Appeals shall consist Of
three divisions or branches, 20 be held
at these places by three justices Of
the supreme Court sitting together,
the Justice 10 hc assigned 10 those places
by the Supreme Court ~ obey arc now AS
signed 10y thai court TO the different err
cults. Under TINS plan the supreme Court
would be restricted 10 the decision of eases
involving only Federal questions that Is,
questions involving the Interpretation of
the Constitution or laws of the United
States and relating TO foreign ministers or
10 treaties with other countries. This
plan also contcmplatcs the reference 10y
each branch of the Court OF Appeals 10 the
whole court of any question before II of
general nature OF otherwise important.
which in It's judgment ought TO be decided
by the whole court
NOT PREPARED TO SAY.
Q. Which Of these plans do you think
the best?
A. am not prepared 10 say but any one
OF them Is better for the country than the |
continuance OF the existing state of things. |
II is % be hoped that Congress wiil take up |
the subject in earnest next winter and |
give litigants some relief.