The Portland daily press., 1891-02-02
LITIGAhTS WAIT LONG FOR JUSTICE.
The Supreme Court unable to na.
the Demands uponIt.
omething about the Pronossa
Measure for Its Relief.
Appellate Courts to be Added to tho.a
Already Established,
Especial to the Press.l

pending In Congress Is the bill "to define anc
regulate the!jurisdction Of the courts Of this
United States" It may not be known gen,
orally that at the present time justice In the
Supreme Court of the United States Is often
so long delayed as to be In measure denied
to all but the most patient. The man who
In Maine or California today finds himself
injured by some great corporation of an.
other state, may take his case to the district
cour' of the United States. These district
courts are quite numerous, there being one
for state like Maine and several for larg.
er state like New York. In the district
court justice is prompt land the district
| judges have time to attend to all the cases
that come before them without delay. And
II either party to the suit feels himself de-
MED justice by the decision Of the district
Judge the appeal is to the circuit court of the
United States. There are nine of these cir
cult courts in the country, each having cir
cult judge. In addition, the judges of the
United States Supreme Court, nine in num-
Der, are supposed to 60 on the circuit por-
tion of the year and hold court In the various
circuits. Appeals from the United States
district courts In the states Of Maine, New
Hampshire, Massachusetts, and Rhode Is
land 60 to the court of the first judicial cir
cult This circuit is under the charge of
Justice Gray Of the United States Supreme
Court, and it has also lcircuit Judge, LeBa-
ron b. Colt, of Rhode Island.
In case the decision of the circuit court Is
not satisfactory to either litigant in this suit
OF Maine man against corporation of an
0thpr State fhara ic n ft.rf nd Gno 81
peal to the Supreme Court OF the United
States, which consists Of the nine judges
who, having returned from the circuits, sit
together in their black robes behind the
great desk in the Supreme court room In the
Capitol at Washington. In their powers,
doubtless in their presence also, they consti-
tute the greatest tribunal upon the face Of
the aarth. But it is with this great tribunal
that the great delay of justice comes. The
district courts are discharging cases into the
circuit courts, and the nine circuit courts are
discharging the cases In turn into the Su-
preme court. SO great Is this flood of bust
ness that the Supreme court Is unable to do
it all. They cannot keep up with their work.
So far are they behind with their work that
the situation has become very serious. The
litigant who today feels himself aggrieved
by the verdict in circuit court of the
United States comes up to the Supreme
court at Washington for final justice only to
be told by the clerk, "Yes, your case shall go
upon our list of cases. But you will have to
wait while for the decision, as the judges
have considerable work ahead of them"
when had better come around to pre-
sent my case?" Inquiries the impatient liti-
CANT.
"Oh, In about five years if you are alive at
that time. 1t will be impossible for the
court to get at It sooner,"'. replies the clerk.
This overwOrked condition of the Supreme
court is nothing new. 1t has been existing
for years. Congress has known it as well
as the hapless litigants But as the cases In
which the United States government Is in
pense of other cases there re has % not arisen @ any
public exigency to call attention strongly to
the condition of affairs. Moreover. under
that beautiful system or doing business in
the House of Representatives Dy which the
minority had more powers than the mi
nority, 1t has been almost impossible to pass
any public measures that both sides did not
want passed.
This Congress has undertaken to remedy
the unfortunate condition in which the Su-
preme court finds itself, and early in last
session the House of Representatives pas ssed
a bill for the relief of the court. 1t was an
Important bill. In measure rec0nstructing
the judicial system of the nation. The Sem
ate took the bill and substituted for 1t an
other measure embodying the ideas Of some
os the able lawyers Of the Senate, men like
Evarts and Edmunds. This Senate substi.
t9te is now before the House. Whether the
House will adopt it without change,
tle notifications it is impossible to
foretell. 1t is probable that the
House will pass 1t in some form, although
the Democrats may try to delay it because
the additional judges to be appointed under
President.
A glance at the provisions of this Senate
SUI stitute will disclose the changes it is pro-
posed to make in the judicial system Of the
nation.
circuit court of appeals In each Of the nine
circuits OF the United States For the pur-
poses OF these courts of appeals an addition
al circuit judge would be created In each cir
cuit, or nine additional circuit judges for the
whole country. The creation Of these addi-
tional judges would give the judicial force
necessary to keep in operation the nine cir
cult courts of appeal, Each circuit court of
appeal would consist of three judges of whom
two would constitute a quorum.
Inc Chief-Justice and the associate jus
tices Of the Supreme Court assigned to each
circuit, and the circuit judge within each
circuit, and the several district judges with
In each circuit, would be competent to sit as
judges OF the circuit court of appeals within
tnelr respective circuits. In case the Chief
Court should attend at any session of the
circuit court Of appeals he would preside,
and the circuit judges in attendance upon
the court In the absence of the Chief ustice
or aal;s associate j1stice of the Supreme Court
would preside In the order Of the seniority
OF their respective commissions. In case
the full court at any time should not be made
up by the attendance of the Chief-Ju Justice or
an associate justice of the Supreme Court
and circuit judges, one or more district judg-
aS within the airQuit runuld ha not
sit 10 the court
Having provided for these courts of appeal
the Dill goes on to change the present method
OF appeal from the district court to the cir
cult courts: The bill specifies that mo ap,
peal, whether by writ of errcr or otherwise.
shall be taken from any district court to the
now existing circuit courts, and no appellate
Jurisdiction shall be allowed to the now ex
istlng circuit courts; but all appeals by writ
Of error or otherwise from the district courts
shall be subject to review only In the Su-
new cfcuE HGHEs cStt 81 tbs 81 appea
Appeals to the Supreme court would De
made in the following cases:
In any case in which the jurisdiction M Of the
court Is in issue; in such eases tne g question OF
luris fiction alone shall be certieu W tne oupreme
Court from the court below Tor aecislon..
From The final sentences anu uecreos Ill prize
causes.
In cases of conviction of capital or otherwise
In anV case that involves the construction or ap
pcation of the Constitution OF the United States.
In any case In which the constitutionallty OF any
law of the United states, or the validity or con-
struction of any treaty made under its authority,
Is drawn in question. .,..
st.aa caIs rsimed 70 be in contrayenton of tho
Constitution of the United States.
Nothing in this act shall affect he Jurisdiction
of The supreme Court in cases appealed from the
highest court of State, nor the construction of
the statute providing for review OF such cases.
In cases other than these the circuit court
of appeal would. with few exceptions exer-
else final jurisdiction, thereby shutting off
from the Supreme Court large portion of
the flood of business which Is now swampiDg
The bill embodies an important change in
the judicial system of the United States. and
| is Intended to give an important relief to the
| Supreme Court. 1t will probably pass the
House and become law unless Democratic
filibustering shall prevent the House from
reaching it,