New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-09-23
FOR RELIEF OF THE SUPREME COUNT.
THE SENATE DISCUSSING THE SUBSTITUTE BILL
REPORTED BY MR.. EvARTS.

REPORTED BY NIX. Nv Aklo'
w.s,,ro,or sent. - (spcciaD The senate spent
scyeral hours today on the substitute pli lo' '
relief OF the Supreme Court reported by MI r'"o'
and will probably take vote on 'ie ",e''"e
,orrow Mr. Evarts has defended his scheme WIFI
rs,t .ucce,s against the minority OF the Juoi'iarN
Committee. and all the really important amendments
offered by the opposition have peeh oe"V."' ~
division on the bill has not followed party 'no'' a"
there will be no party vote on It's paSSase. 'i. 49,
led the OppositiOn fight tOda! Dut sups'''u' N
Mr. Evarts's substitute. which he o'ferea was uaum
with case. Mr.. Ingauss proposition ior ''' ", 49,"
~ the supreme Court into quorums OF thrce was A''
rejected. 49,, r.,.v. omend
.nt offered last saturday, extending the )ursac'o'
NJ the supreme Court to oil Cases OF c"h'',o y.
,o,onv and TO all cases where the matter IN dispute
1, the right to personal liberty or fhe rsn' ~ '''
custody Of child. .. ,h. .,nepd
After an argument BY Mr. Evart' against t''o ~
ment Mr. Vest offered a substitute for the, DILL IL PRIV
80 +h,t tbere shall be three divisions OF the supreme
Cour 10 he composed Of three Justices ea'h ''. INV
Chief Justice shall make assignments W 'ne'o VI
that all final decisions in any one Vi '"esc Wv
hoII no considered by the court in banc, ana s'a' '
uurr tho concurrence Of five Justices anu 'a' ',i'
chic, Justice shall apporton the business to THESE Ill
visions. r, .,o .,,end
.rt w, IN formulate and put on record the op'"'"S
q, tho minority Of the Judiciary Committee Oh ''e '
ton rather than with L view 10 oo''''''"s WV
ton expressed In the amendment.
Mr. Evarts said that the Necessity Tor re".u' io'
the congestion OF the supreme court was '''"''e" "
all sides and that there only two modes Oh pro-
vid,nc for the difficulty One wa 10 procecu WIN '''
di,ia, .tabItsiuent a. it now Stood. win SUCH r'a'
snccments As might be provided for ana inc Quiet W."
10 provide all intermediate court "i APPEAR
distributed through the different ds'r''''' "'e"' W
able TO dispose VI certain heads OF lui1Npr"ocn.' w
Jurisdiction. II the latter plan that MAJ w"
recommended by the Judiciary committee OF the oc'''
Afr Vest suggested that the matter should 20 o'o'
uu the next session, when ii could be moro nc
h.r.,cly considered The bill dill rot come rom INC
House with the sanction Of grave ana a''aS ''''' VI"
cussion; and In the senate JUDICIARY Commune
WAS An evenly divided vote upon H. lie was nan"
TO state that his objection to the bill was inc p'or
increase Of judges lie had no ''''''>" " MUM"
ia the details Of the bill
#, rv,rts rcpIcd 10 Mr.. Vests argument ana shla
,ho, ~ he could have found the least support Tor inc
proposcd division of the supreme Court III et'cr h""'
If congress or in tho profession, or III inc l""''H
he would have favored II: but he hih not ocnc>" Una"
the senator from Missouri had any cApe''a''"" '.'
the amendment offered by him could DC substitute" '"'
the bill. -. -. ,h
Mr. Vest asked Mr.. EvartS for his opinion d. l" u''
constitutIOnalty Of the DIVISION
Mr. Evarts said, IN reply. that the senator h"
pid him the compliment Of saving that the best arg"
reu mad. IN favor Of the division had bccu maze ny
him mfr. Evare). ,..
Mr. Vest Eut you may have revoked that opinion
since then.
~ Evat>--I never revoked II. even in newspaper
paragraph.
After further discussion Mr. Daniels amendment
rejected
Mr. Vest did not insist on volc being taken Oh Ms
amendments and the iii VA then reported HVh' inc
committee ni the Whole to the >'nntc
Mr. Dolph offered an amendment ptovdinS i"r Il
tenth Judicial circuit and the Hppolntm"it "i '""
judge for IT.
Mr. insall, offered the amendment OF when i' j."
h,rciu,o. given notice. dN idug III" lud"lH n'tfi'''
of ,lc IIrcd STATE, iuo eleven circuits ana ~"
Vac pr.,Mcn, ruled TIA; that amendment took pT'c
d,ncc Of the one prop"-,d h> VI D"iph- From thlN
ruling Mr. Dolph app ,'d. and Nr Hale in"N'i to
IL, the appc. Oh The table. Inc Ia"cr "iouo" WIS
agreed to yeas -. NAYS l.. -,
Mr. Ingalls, amendment beng thus pcioIr w
Senate Lc urhincd II ut the suggestion OIL MI WI
son Of Iowa. by emitting the state or IOWA t"" NJ
| Eighth Circuit and adding II to the Nihth' Inc
amendment however. was rejected
Mir Imlph, amendment was then voted OH ana WAS
Mr. Ir>t offered his amendment for the division "'
,hc Suurrmc Court into three parts. II was al" re-
| lrct"d. , ,,..o,. ,,,. tom,
Mr. t;orrnau moved to fr-lcna'" pa''iw"r. i'>p"'
Of Richmond. IA the pla'' FOR h''h- s",t ~, ,.
Fourth circuit. The vote t,h"n on Mr. German ,
| ;mcndnrut hui a. thcr: no quorum II "ch' "N''
| iii 10 Sorrow