Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-11-23
SUNDAY. NOVEMBER %. 1890
Relieving the supreme Court.

Q docket-thst they must have FELT each
day when they donned their imposing
gowns and began the hearing OF the first
case in order much as the galley-slavo
feels. not when he is scourged to his
dungeon" but when his dungeon is
opened in the morning and he is COM
PEELED to resume his hopeless labors. More
than ten years ago Mr.. Justice DAVIS
drafted bin intended to relieve that
court of large number of the cases
which under the law as it then stood,
and as IT now stands. that high tribunal
was necessitated TO enter upon its
docket. Other bills, framed by other
good lawyers, have been submitted to
the House of Representatives. Mr.. JUS
tice DAyIs's bill meets the appro-
baton OF Mr.. Justice STRONG, who
in an article in late number
OF the North american RevieW
sets forth its good features and tells why
Congress should adopt it. The docket
OF the Supreme Court is so long that the
justices do not think even of trying to
hear all the cases. They can by extra
ordinary industry dispose OF one fourth
of the cases annually-say, four hun
dred ont OF fifteen hundred-though it
requires exceedingly hard work to en-
able them to decide even that num-
Der: but when we recollect that there
are so many privileged cases heard
so many advanced because they are
important or because States are parties
10 them--we cannot but come to the
conclusion that justice is denied not
only to the suitors who for years have to
dance attendance upon the Supreme
Court but to thousands of would-be
suitors who decline to take appeals
there because they despair Of securing
hearing within reasonable time.
Why has not Congress undertaken the
pressing duty to which we have alluded?
How is it that so important matter has
been neglected by that body, both
houses OF which are SO largely composed
of lawyers familiar with all the facts,
competent to deal with them, interested
in securingiustice to their constituents,
and animated by desire to be intru-
mental in doing SO good and great
work :? We might mention several rea-
sons. One is that since 1860 the Repub-
lican party has controlled the destinies
of the republic. The Democrats have
sometimes held the fort in the one house
or the other, but they have never had
both houses and the President at one
and the same time; so that in point of
fact they have never had the power to
enact law making the Supreme Court
and its environment what these ought to
be. Part of the time the Republicans
have had their hands tied by Demo-
cratic House OF Representatives, or Sen
ate. or President Of the United States,
and might therefore set up in iustifca-
ton OF their non-action the same plea
which the Democrats have made to JUS
tify non-acton on their part.
But what have party considerations to
do with this matter? Much. The Su-
preme Court OF the United States is
the most imposing Judicial tribunal
in the world. There is mono Other
which can DO compared with it. II
not only dispenses justice to sixty
odd millions OF people-that is, ad
ministers the law for their beneft-bu
its nine justices have power to declare al
act Of Congress, though passed by boil
houses aud signed by the President o
The United States, null and void. In
word, it is law-making as well as law
interpreting court and the justices holO
their offices during life or good be
havior. Both political parties, there
fore, are naturally unwilling TO see tina
august tribunal in the hands of their 20
iitical antagonists. Mr.. Justice DAVIS
bill provided for, we think it was, twenty
seven new circuit judges, or judges G
the intermediate courts, which he pre-
posed should be- placed between the low
est Federal courts and the Suprem
Court Of the United States. How woul
the southern people have been please
with tho judges which GARFIELD c
ARTHUR would have appointed in til
section OF the Union-ARrnuR, the ma
whom MALONE was for because ARTHU
was for him? How would we like fC
BBsyAhIS HARRISON TO appoint the Judge
of these intermediate courts, and y
also, as he viii probably have TO do, Ii
Supreme bench +?
Wo mention these rs consideration
which will necessarily in greater or LEI
degree influence both parties in Coz
gress. What will result We answ'
that unless some compromise can /
agreed upon the present House of Rel
resentatives will insist upon bill oil
jcctionable TO the Democrats. and a
legislation on the subject may DO pr
vented. On the other hand the ne
House Of Representatives will probabl
not consent to the passage OF any bl
which viii be acceptable 10 the Repul
leans
Perhaps compromise bill might
agreed upon which would require Il
President TO select hall the new judg
Of the intermediate courts from one par
and half from the other, leaving II
Supreme Court as 1t now is---entirely
the hands Of the President, 30 far as
tho vacancies upon the bench might !
concerned. Bot whatever may be Il
nature Of such compromise it mu
not bc-snd Of course will not DO, sin
u cannot be---a law that viii interie