Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-02-15


the subcommittee viii make it, report (printed
In Yesterdays srAa) to the full committee and
will also place before IL the amended bill to
establish court Of appeals for the District
The bill provides for . court to be known a.
the Court Of Appeals Of the District Of Column
bia, 70 consist Of ono chief justice and four rs
sociate justices.
The said justices are to receive an annual
salary OF $1,000, except the chief justice, who
clerk at a salary OF q, 500 q year.
the court shall regulate the fees to be
charged by the clerk, which shall be paid into
the treasury Of the United States. The clerk
shau receive such allowance for clerical assist
ance and necessary expenditures in the con-
duct of his Office, not exceeding O., 500 year,
as the court may determine.
frovlslon Is made also for the appointment
OF crier at compensation not to exceed 800
month and q messenger at . compensation
terms Of court shall be held each year.
POWERS OF THE COURT.
The bill then goes ON to say: "The said
Court of Appeals of the District Of Columbia
shall exarcise appellate Jurisdiction only and
all anal orders, judgments and DEGREES Of the
several special terms of the Supreme Court
of the District of Columbia which are
now authorized by law to be reviewed and af-
hrmed, reversed or modified by the general
term OF said Supreme Court shall hereafter be
80 reviewed and affirmed, reversed or modified
by the said court Of appeals, and ali causes now
pending before the said General Term shall be
transferred to the Court of Appeals
hereby created. And the appellate power
and jurisdiction of said General Term is
hereby abrogated and abOlished and no causes
shall hereafter be heard in the said General
Term. Appeals shall also be allowed to said
Court Of Appeals from all interlocutory orders
rendered by the special term Of the Supreme
Court OF the District Of Columbia whereby
the possession Of property is changed or af
receivers, granting injunctions, dissolving writs
OF attachment and the like; and also from any
and all other interlocutory orders, in the dis
erection OF said Court Of Appeals, whenever it is
made to appear to said court upon petition
that it will be in the interests of Justice to al
low such appeal.
ANY final order, Judgment or decree Of the
SAID Court OF Appeals may be re-examined
and affirmed, reversed or modified by the Su-
preme Court Of the United States
upon writ OF error or appeal in the
same manner and under the same reGu-
ations az are provided for in cases of
wr1ts OF error on judgments or appeals from
DEGREES rendered in a circuit court, and also in
all cases, without regard to the sum or value of
the matter in dispute, wherein il involved the
validity OF any patent or copyright, or in which
Is drawn in question the validity of treaty or
statute Of or an authority exercised under the
United States
The determination of appeals from the de-
cision OF the commissioner OF patents, now
vested in the aforesaid general term OF the
Supreme Court of the District of Columbia, in
pursuance Of the provisions of section $50 OF
the revised statutes Of the United States for
said District, shall hereafter be and the same
Is hereby vested in the Court Of Appeals here
by created"
THE PRESENT SUPREME COURT.
The bill provides further that the justices of
the Supreme Court Of the District of Columbia
shall hereafter receive an annual salary OF
$1,000 each, except the chief justice, who shall
receive 81, 500.
Whenever the number of the Justices of this
court is, by death, resignation or otherwise,
reduced to five the court shall thereafter be
composed of one chief justice and four associate
justices.
The justices Of the Court Of Appeals and of
tae Supreme Court Of the District shall be
deemed to be justices of the courts of the
United States within the meaning Of the
law providing for the retirement of
such justices upon their attaining the
age OF seventy years, and after service OF
eriod Of ten years or upward. And when any
OF the justices OF the Supreme Court should be
appointed Il justice OF the Court Of Appeals
the terms OF service in both courts shall be
deemed continuous.
One-half Of the aggregate sum of the salaries
provided to be paid to the justices of the court
of appeals and the justices of the Supreme
Court shall be paid out of the revenues of the
District Of Columbia or charged against the
same.
Mr.. R. ROSS PERRY's VIEWS,
A number of the more prominent lawyers
here are becoming active in their en-
deavors to impress upon Congress the
necessity for legislation which will relieve the
overwhelmed docket and do it properly
Among the many eloquent advocates OF the bill
to establish court OF appeals is Mr. Il. Ross
Perry, Who when asked by STAR reporter for
an expression of his views, said:
For long time we have been confronted
with two great hindrances to the proper ad-
ministration OF justice in this District. The
is that. save in the comparatively few cases
not one in twenty-which can be appealed to the
Supreme Court Of the United States we
have no substantial and real appeal.
The appeal from one judge Of court to
three judges Of the same court is a mockery.
1t keeps the word Of promise to the ear. but
breaks it to the hope. However conscientious
judges may be there is yet an element at the
root Of their nature which is commonly called
pride OF opinion: So strong and permanent
Romans tins tbou element Z nr that the old
their laws that no judge ought to feel person
ally aggrieved when a lawyer appealed from
his decision, if it was done in respectful man
ner. 1t Is unnecessary to 60 into detail upon
this point. 1t is sufficient to say that our Judges
have been and ARE men.
DIFFICULTIES IN THE WAY.
"Any attempt to remedy this evil by patch
ing up our present court might scotch the
snake, but it could not KILT. To suppose that
five judges ont of eight (the lowest proposed
number) will consent that the other three
shall be permanently over them is a
bland assumption unwarranted by ex-
perience. Nor can Congress combine
two courts into one without encounterinp
grave constitutional difficulties. But even
could these remedies be applied they are not
likely to prove effective. Where we have only
one appeal that appeal must be to an entirely
different tribunal. We cannot afford to run any
risk upon SO vital q matter.
THE second hndrance is the laws delay
There are now over 700 cases on the trial cal
endar. BY an extremely liberal calculation
too liberal. fear, to be realized-one Judge can
try 200 jury cases each year. Last year
there were about 400 new cases coming
on for trial. It would take one Judge more
than three years simply to dispose Of business
IN arrears: My own opinion is that three cir
cult courts should be provided until these
cases shall have been disposed OF. Then
two will constantly be needed for the
proper dispatch OF current business. This
will require at least five judges in the
first instance courts. As for the court
Of appeals would be satisfied with three
judges. would prefer, other things being
equal, small to a greater number. There is