Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-02-19

| bar association to establish court OF appeals
for the District, the provisions of which have
been published in The STAR, will soon be pre-
| sented to Congress. The committee has pre-
pared memorial to Congress to accompany
the bill. This Is signed by the members of the
| committee, Messrs. Nathaniel Wilson, ]. M.
Wilson, s. s. Henkle, Jas. G. Payne, M. +.
Morris, Reginald Fendall, A. s. Worthington,
Il Ross Perry, II. f. Davis, ]. J. Darlington, G.
G. Cole and Geo. E. Hamilton.
THE MEMORIAL.
/ The memorial says: The undersigned, COM
mittee representing the bar association Of the
District of Columbia, in transmitting to Con-
gress a bill, having for its principal object the
| creation of Court of Appeals in the District,
! respectfully submit the following statement of
| their reasons for asking that the bill may be-
| come q law.
For many years the delays which have at
tended the prosecution of civil suits in the
| District OF Columbia have been a source OF
universal complaint. But this evil has now at
| tanned larger proportions than ever and it is
| conceded by bench and bar, as well as by lgi-
tants, that substantial increase in the judicial
| force of the District cannot longer be post
| poned, without involving consequences that
VIII be practically equivalent to denial Of
Justice.
The Supreme Court Of the District of Column
bia Is tribunal to which suitors in this Dis
trict In all but the most trifing cases, have to
| resort. Suits may be brought before justices
OF the peace in most cases where the amount
involved does not exceed 600, but an appeal
lies to the Supreme Court Of the District where
the debt or demand exceeds So In criminal
cases the Supreme Court OF the District has
exclusive original jurisdiction in all csses where
the defendant is entitled to, and demands, a
trial by jury. And even in cases where the
Poiice Court has original jurisdiction, an appeal
a m VAR tnafu 10 he Co. -
the District All suits, except those petty
cases which may thus be instituted either be-
fere justice OF the peace or the Police Court,
must be brought in the Supreme Court of the
District; and even such petty cases may be ap-
psaled TO that court except in civil suits where
the smount involved is IS or less
THE CIRCUIT COURT CALENDAR.
The court holds one special term. called
Circuit Court" for the trial of civil cases be-
fore a jury. The law authorizes holding addi-
tional special terms of this kind: but for reasons
hereinafter given they are seldom held. When
cases triable in the 'Circuit Court" are at
Issue they take their place upon a printed
calendar. The number Of cases on that calen-
Oar at the present term, excluding cases ap-
peaied from justices of the peace, is $685. One
year ago it was 522, and this, although the
court has been in constant session, except from
July to October, and Notwithstanding there
were tor eleven weeks during the year two
special terms for jury trials in progress. The
jury cases, which are now on the daily call for
trial, reached for the first time in the regular
course OF the calendar. were brought into court
about De cember, 1887.
Upon the calendar Of the court in general
term there were. at the beginning of the cur
rent term, 166 cases. The court is now engaged
IN hearing cases that were appealed in March,
1887
The calendar Of the Circuit Court is now one
nith larger than 1t was in December, 1887
The calendar of the general term is one-sixth
larger than II was two years ago. Therefore
suits at law instituted now and pressed to trial
and to final hearing in the general term with
all diligence can not be disposed of by the
Court In General Term in less than three and
one-haif years, and it may take five years.
In all cases IN which the matter in dispute
exceeds $4,000 (and in come other exceptional
cases) an appeal 1--WE use the word as including
wrlts OF errorl lies to the Supreme Court OF
the United States. The cases which that court
will first take up in the regular progress of its
calendar at the beginning Of March, 1880, were
placed thereon about October /, 1856
Since then the number of cases on the cal.
endar Of that court has increased from 1,lO3 to
1861.
From all which it will be seen that to
reach final hearing in the Supreme Court of
the United States III a civil case triable by iury
originating in the District of Columbia where
there Is but single trial, a single hearing in
the General Term and an affirmance of the
Judgment of the General Term in the Supreme
Court OF the United States, the time which will
De occupied Will be from eight to ten years. II
the General Term sets aside the verdict. much
greater delay is a necessary consequence and
where the Supreme Court Of the United States
reverses the judgment and sends the case back
for new trial, plaintiff who is of middle age
at the beginning of the litigation is not likely
to see the end thereof.
THE ORGANIZATION OF THE SUPREME COURT.
Another difficulty of no less magnitude grows
out Of the organization of the Supreme Court
of the District Of Columbia-the relations be.
tween its general term and the several special
terms OF the court. The court is composed of
one chief justice and five associate Justices
Ordinarily three Of the justices sit in General
Term and three are assigned to the respective
special terms-one justice taking the Criminal
Court, another the Circuit Court and the third
the Equity and Probate special terms. The
Criminal Court is in session from October to
July continuously. The equity and probate
special terms together require the constant at
tendance OF one or the justices. The Circuit
Court and the General Term are also in session
throughout the year, except during the sum-
mer months, and how far they fall behind in
keeping up with their business is above shown
When one OF the justices is unable from sick.
nsss or other cause to perform his duties
either business has to stop in the General Term
or one of the special terms or the General
Term must proceed with two Justices
1t has been the custom at the beginning of
every year for each of the Justices to be as
signed to duty either in the general term or in
one of the special terms for the ensuing wear
The law provides that justice shall not sit in
general term on the hearing Of an appeal from
Judgment, decree or order made by him in
special term. Besides, therefore, the regular
changes in the composition Of the general
term, growing out OF the yearly reassignment
Of the justices. other changes during the year
are made necessary in order that the cases of a
Justice who is in the general term shall be
heard, this being generally arranged by tenn
porary exchange between the Justice whose
cases are to be heard In the general term and
one Of his brethren holding a special term
Thus three justices Of court composed OF SIX
form the appellate court, and the members of
the court are constantly shifting from the spe-
cial terms to the appellate tribunal and back
again. majority OF the judges sitting in the
general term may decide any case that comes
before it; so that usually three, and often two.
of the six judges lay down the law for the
whole court In q few months the places
OF the judges delivering An opinion are filled
by others, before whom the same question NAV
come again in another case. These must hold
the former decision binding, that one-haIf
or one-third Of the court fixes the law, or they
| must exercise their own judgment, in which
case their decision is no more binding than
| that OF their predecessors, and nothing il ever
settled save for the purposes Of the particular
| case. There is no escape from these Difficult
ties except by conferences between the judpes