Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-02-04
SPECIAL TELEGRAM TO THE DIsrArcH.r 1

terestlng features.
,sPECIAL TEL EGRAM TO THE DIsrATCH.I
WASHINGTON, February S.-The Su-
preme Court of the United States will cele-
brste its hundredth anniversary at New
York tomorrow. The judges are leaving
Washington to-day, and they will meet the
leading lawyers of the country at their cen
tennial celebration. One of the subjects
discussed will undoubtedly be as to the
future OF the Supreme Court business. AL
ready the court is between three and four
years behindhand in the settlement of its
cases. There are about 600 cases on the
docket, aud it takes three full years from
the time case is entered before it can be
called up before the court With view to
giving your readers the ablest opinions upon
the subject your correspondent to-day inter
viewed the justices in regard to it, The senior
man upon the bench is
JUSTICE SAMUEL F. MILLER.
He has been Supreme Court Judge for the
past Is years. He is without doubt one of the
ablest jurists in the United States and he is, as
will be seen from his interview, tue pioneer
among the Justices in the attempted reform Of
the business of the Supreme Court. 1 found
him IN his study at his residence on Massachu-
setts avenue. He was sitting at desk covered
with the printed records of cases. He looked
up from the consideration of a mass of testi-
mony as 1 asked him the question. He said:
1.-The business of the Supreme Court began TO
overwhelm Its members as far back as 1858 and
co. Then the war began, and during this
period, as no cases came from the South. and
as there was not a great deal of litigation
throughout the country during the war, the
business of the court fell off so that the Judges
were able to dispose of it. At the close OF the
wal, however, came an enormous increase Of
business. A large number of cases which had
accumulated during the struggle were thrust
upon us.
NEW BUSINESS CAME IN
from the Southern States, and the business of
the Federal Courts increased to such an extent
all over the country that in one year the court
had docketed more cases than it could dispose
Of 1 came to the Supreme Court bench in
1862 In 1865 and 1866 the business Of the court
had grown to such an extent that it was i'm
possible for the Judges to keep up with it, and
then made to the Judiciary Committee of the
House, of which Mr.. Wilson, the present Sen
ator of Iowa, was Chairman, and to the Ju-
dietary Committee of the Senate, at the head
of which was Senator Harris. of New York.
statement of the condition of the business of
the court and Of the necessity for some imme-
diate relief After had sent in memorial to
these committees clerk of the Senate brought
a bill to me which had been introduced by
Stephen A. Douglas in 1854. This bill con-
tanned many of the same provisions as that
which has been several times before Congress
and which has passed at three separate times
one or the other of the two houses. The sub
Stance Of the bill was the creation of
A COURT OF APPEALS
For each Of the nine circuits into which the
Judicial system of the United States is divided.
Very shortly after this Mr.. Harris, of the
United States Senate, from New York, intro
duced bill which, after two sessions he sue
ceeded in passing through that body. His bill
provided for the creation of this Appellate
Court. This House, however, did not act upon
it during that Congress, and of course it failed
Several years after this, at the request of the
Supreme Court judges, nearly all of whom
agreed to it. handed to General b. f. Butler
who was then Chairman OF the Committee of
Revision of the Laws, similar bill, which he
introduced in the House and had referred to
his committee. During that session of Con-
eress this bill was reported and passed the
House of Representatives after one day of
vigorous debate. The Senate however failed
to act upon it during that Congress, and the bill
was lost. A number Of years after this Senator
David Davis, who had been for many years on
the Supreme Court bench, introduced a bill of
the same general features into the Senate and
after an effort of two or three years he sue
ceeded in securing its passage by a decided
House Of Representatives failed to act upon
the bill.
IF THEY CAN ONLY CONCUR.
In every one of these instances in which
vote has been obtained upon such a bill it has
been passed by such decided majority of one
OF the Houses as to show that all that is needed
70 secure its becoming a law is action during
some Congress by both houses. This bill has
been considered several times by committees of
the Bar Association of the United States and
IN every instance 1t has met with the approval
of those associations, year ago the Bar
Association appointed a committee to enforce
bill 1t has also the approval Of the members
of the Supreme Court and while
there are some members Of that
Court, perhaps, who would prefer some
other measure, it can be safely said that the
whole body would rather have this bill passed
than to allow things to remain as they are.
THE HARDEST WORKED COURT.
"Our court ITSELF" Justice Miller went on.
''has done everything that lay within its power
to remedy this evil 1t has, by rule, required
almost every motion and incidental matter 10
which the court is called upon to act to be SUBJ
mitted to it in printed form. The arguments
and statements OF facts are printed to avoid
the consumption Of time used in presenting
them orally. 1t has, by a rule, reduced the
period of time allowed for an argument IN a
case from eight hours to four hours, and it has
in various other ways facilitated the progress
of the business of the court and required the
condensation OF arguments and the economy of
time in the submission of cases to the court
1t sits four hours every day to hear arguments
except Saturday. and that day it sits all day in
private conference to decide the cases which
have been submitted to it, 1t meets promptly
at the hour of opening the court and it never
adjourns until within i've or ten minutes of the
time Of adjournment
THEY WORK AT HOME ALSO.
The Judges Of the court being furnished
With printed records of the cases and with
printed arguments of the counsel have these
lying on their tables in their offices at home
and devote the evenings and the mornings TO
the consideration Of these cases. 1t is proba-
bic that in the business of the court taking the
hearing Of the oral arguments four hours day.
the examination of cases at their rooms, the
time at conference Saturday, and that taken
up in writing the decisions the members
of the Supreme Court spend more hours of the
day at their work than any other body OF men
engaged IN the public service of the United
States. This will be further understood when
il is seen that the court sessions is about eight
months long with few recesses as at Christ
mas or other holidays;
Another remarkable fact in regard to this
court" said Justice Miller, sis that il decides
ali the cases submitted to it as fast as they can
be argued and presented by counsel, and at the
end of each term It leaves fewer cases unde-
ciued of those that have been submitted to it
than any other appellate court in the United
States
ONLY ONE FORM OF RELIEF.
These facts show that the relief which the
people are entitled to on account Of the delay |
of justice must come from Congress, and can |
not come from the court The proposition TO |
increase the number Of Judges of the court is |
Of no avail, for every Judge considers every |
case and makes up his own mind about it and |
gives his vote upon ITS decision There is no |
subdivision Of labor by referring cases to q sin