New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-06
THE LAWS DELAY.
PLEA FOR THE RELIEF OF SUTTORS in
THE UNITED STATES SUPREME COURT,
THE PRESIDENT OF THE AMERICAN BAR ASSOC
cr,r,ox STATES THE CASE AND SUGGESTS
THE REMEDY - Mr. HITCHCoChs
ARaUMENT FOR INTERMEDIATE
APPELLATE TRIBUNALS.

To the Editor Of The Trlbuhe'
c;. In -, rcccrt article entitled "T0 Expedite
Justice" The Tribune briefly but adhlrapS s"'ou ',0
reasons why Congress should no longer hesc0e "
IcgsIate for what IS called the RELIEF OF thc ohhea
states supreme Court. 1t is to be hoped tna' ulls
,,,icct will continue to receive the attention ITS
importance demands in respect not only Vi 'he
sopremc Court but Of the Circuit an District courts
also.
The phrase the relief Of the supreme Court,
* The Tribune well pointed out, Is mlehoiuer' ~
is the suitors not the court, for whom RELIEF Is ae-
mandcd-tho suitors who are now compelled 10 "aiU
nearly four years before their appeals can DC reaccu
mr. heard such delay has been said Thousand
times is a denial Of justice. For this he'hcr "'o
court nor the lawyers are responsible NO oompi"nV
has becn or can be made Of the judges, whose uh-
rcmitting labors are well known to the Bar. TIC
LEGISLATION sought would not lessen their labors ou'
# would enable them to litigants the speedy
inticc which is thcir right The Ear is doing ana Tor
years mast has done its part Adivduay and through
state and National organizations in urging upon
congress tho remOdeng of a ludclai sNs@m ""o'o
machinery is utterly Inadequate To meet 'hc uc"anu'
upon IT, For than twenty years. espccI1iS
during the last ten bill after bill has been introduced
some OF which have passed the senate somc "'o
uousc buI hone has passed both Houses. Mean
,chilc the number Of cases lndlsposcd OF on inc
docket of the supreme Court at the end OF each term
has constantly increased. until, In november "su'
they numbered above $50, more than thrice INC
average number disposed Of annually, including tose
dismissed and settled. No ease can now be reached
ar heard on appc-unless advanced by The Court Tor
.pecial reasons which means the postponcmcht Oh
finer case.-fr nearly four years after appeal taken
81 tho close Of October term 1898. O0i cases remained
on the docket und,poscd Of NJ the oosc oi o0''o''
Term. lso- more than l.iJO cases remained u'u'''
posed o. This that the period OF deiaS dDo'c
mentioned IS steadily Engineering at the rate oil nearly
one year additional in every AVE- Whatever inc
remedy may be- Conglcs, alone can apply It, Tor the
nm, Hate Jurisdiction Of thc supreme Court Is granted
bv the Constitution with such exceptions ana uner
such regulations the Congress shall make
Speaking generally three plans have been proposed
rs the varon, bill, introduced. one Is 10 increase mo
number Of supreme Court justices, another 10
r,uir,. or authorize the Court either ~ now con't-
tu,cd or a. Increased, to ut Tor the nearing u
causes sections or committees e"'" Oh "hoh ""i
practically be a separate supreme Court The tmrd
DR. pose, the establishment of Intermediate appellate
COURT, that is, Inferior appellate courts authoriAea
I'm certain Glasses oi case, render final judgment,
Int over which the supreme Court should have suoh
control "a, 10 insure uniformity IN their decisions
The general plan it,, mentioned was rccommend d
to c,nr-. In PRESIDENT liagIi.on'- Mosaic a, that
h,h app,.r, 10 have received thc most general APP
proyal OF the Lcnch AID blr. il ha, been repeatedly
approved. after full consideration and earnest 40
late by "a, American lar Association. ON the l"'"
inst a special committee OF that association "p'
pointed for tnat purpose at IT. annual mec""H j..
August last. were heard In support oil u"' H'nV'''
ul,u before Joint meeting Of SAD committees oi inc
senate and Ilou.. judiciary Committees. II ma b,.n
formal, approved B., numerous sat ana otier uar
.itlon-, ani petitions IL rs 'a'o. nav Ir
...f ....,d u All pare of the country. bN iiI-o
n.tler ,f lnu.,r- some 10000, understand al
ali ~n,h H. B, ho.cd vii soon be- prescn',u , no.,
House II Consir,-. snr,N tonsr''' ,'ln"' Ill
l,n,r,. al amp al Ike thl,-an appear 30 lV'''
s,.fdcd b, Nr. Justice Held, In h, hddi''> Il, wv
recent -nprcrn. Court Centennial. when he h''l'Iv
lat tn. fr.t requisite fut tc continued u-eluh,'' 80
tA. supreme Court ~ the ininrr "'t' '.'' ~ h
40 longer Doe overcome with work ana INA, " ~ .n,o
night call upon the country l" s'c "
and relief. , ,,,+ &, accordance
with ~. ,lllrg sentiment Of IN" Bar TINS Il''i
must come IN the shape of intermediate appellate
'n.u~,. lncna.r ~ ltsl'lon. ana a.nr 'rDl o,,.
o' lection. %. the rriN--t character 'phh.n $40
suggests what exp Renee driign''Iac9 Una, , 4,
, limit to the POI Die work Of the -upr IA, cor, ~
,,-,u,r,nf ucnb p ~ the Georgia Ear su' m tea -
r'c J.d.r,ry Committees a statement carefully pr
p.f.l tr.m the supreme Court l. ports, "Nl,h INV,
H., Al, ,,.r,e. of not morc than 40 cases Is or 'i,
&c. ,,,all, a. p1.,sI o. including those dismissed ana
those .ctled b tho pir,c' hc 'or V ,p, hnnar
az n.r p nins rcps,-cni. Their, fore. the extent -
wh,h me APPEAL. io TINT court have ontrin IL AMI,
io dispose of them. q aflf no pan ., rV' ~ r
cn..ttc which does not bring them within th't a,'".
ialnel annual Limit OF ~,," WV, n' 0I, irecc
Til ,,.n.f Do. done by merely Increasing the nunmr
Il lu..r.. Each Judge ~ 'n anp'llaN '""i, - ~,
.. - aud ,nn-ti.r every ci-. for himself ana .
t'ar III. own p,ft i'm the necessary consultations,
Nor, ludg., require moro time for con'uliih'l wiz
moe likelihood ~ diN'i,ni opNl'i', 'n" ~ m ,ie
r.,.lrc lu.lDn.. the supposed gam hrlht III 'c
force avallahle COR writing o"t ,p2 @ cr, Thai 81
clu-ou- rcaelcd, II sisnl"'''' a. ak, ION
fIe thlry eight state court Of lat rtsor, Only w
composed Of m"re than ss"' F,,ir Of n'Se
o'iy three Djuhticss The supreme Court Oh , .in
tinted states SHOULD pee composed Of iuil.,- rom ,o
d.rnt u,r,- Of hi, great couutr,. IN which widely
dia rng ',srin- Of land aud other laws prev ail. 10y
., ltc,.a.c In numbers }, demanded on t'al s'""'"
~tu eil.cr objection, are urged 10 the pan {"
dividing tie supreme Court INTO ECU" o,I greatly
% g. unconstitutional. another INV IL WV ,,r',
,,,ir ia nuhlc estimation the dignity ana ilhu'H'o
oi TIE court it.ch ne Con,t'i,"n PrSrf
vide, that there shall be one supreme 'o"r IN one
j. COR Congr~, to Say Of now man, lnuS,S ',r' o..
hey are REQUIRED to a,t ~ ON" member Of that
nation ~ hi case presented by the wh"ie r''"iu
ro divl, this one supreme Court lht" SUI , ,".,
unndcnty and finally deciding different causes, Wonid
| =. to establish not one but three supreme courts.
| sven a scrlon, doubt such question should Dc a
ilial objection to any pan; II mpor"S rith the
present court should hold IL al varaIoI WI. NV
,. n Vicente H. But even If constitutional. surely
nrh A splitting up Of the court would greatly I'm
n,ir IL not ultimately destroy. IT. prestige ana N
| aurncr 40 sui;or will bee content, or ought 10
i~' Win an adverse decision by three perhaps by
i,lcd IN the best Judgment of each Of the other SIX
| ali of whom might have decided in his favor as he
| Nill be certain 10 bcl'Nc ti'N VIM, ~
the great case Of ogden ait. saunders. two distinct
| me.finns were decided ON one. chief Justice Mar
| Shall WAS In minority Of three. on the other IN "a
majority u fonr. Both these plans are further de,
snrtive in mailing no provision for the much needed
| relief ,,f suit,rs IN the Circuit Courts. 800
| 'rhcr. are gratifying indications that TINS
| ron,,rr.s will act upon the Presidents recon-
incubation. Up TO the l4th inst. eight
bill, ia all were pending. five ia the House ana thre
i'm the senate differing Ia important details bnt
all in some form providing for intermediate appellate
courts. Perhaps better bin than either might be be
constructed ON the basis OF that introduced IN tho
| House by Mr. Rogers. of Arkansas 'H X; 9,l adding
| ONE valuable features from those introduced by
Nrss-s Blount Of Georgia III. r. J33f, CulbcfSon OF
Texas ~ Il. SD, and Payson Of Illinois III X l3l
| and that introduced by senator Pngh -. loil Mt:
Rogcrs's bill substantially that formerly introduced
by senator Jackson Of Tennessee. now United states
Matthew's in consultation with Justice Iila;chord Mr..
rayson's bill is substantially that prparcd ei,ht or
| nine wear, ago. by senator David Davis Of Illinois.
which paSsci the senate but not reached In the
| House Both provided for the appointment OF two
Idona Crcnt Judges IN each Circuit. but the three