Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-03-04
WEDNESDAY. MARCH 4. 1891
The New Court.

The new court which Congress has Just
established will take from the Supreme
Court Of the United States some OF tho
business which has caused the docket OF
that tribunal TO grow so rapidly that the
cases annually entered upon it far exceed
in number the cases annually decided by
the court or otherwise disposed OF. Inc
new law is only the beginning Of the work
Of definitely settling upon some system
which will enable the highest court IN che
land 10 oonfne its consideration TO cases
OF the highest importance.
The new court for each circuit Is to be
called the Circuit Court of Appeals. AS
we have heretofore said the creation of
this tribunal will enable Mr.. HARRISON TO
reward nine Republican lawyers for their
services TO the Republican party. Nobody
seems to suppose for moment that the
President will appoint even one Democrat.
Consolation may be found in the expecta-
ton that the legislation. proposed by the
farmers alliances and the growing i'm
portance of the silver question will raise
up new issues and cause the voters to di-
vide upon different lines from those now
dividing the two parties. In that event
the new Judges will follow the example OF
the voters.
Virginia ought to have one OF the new
Circuit Judges. She can furnish Republi-
can lawyers fully .ualified for the position,
and to whom her people would be willing
10 entrust the business of the new court
Again and again has it been shown by
experience that the fathers OF the republic
builded 80 wisely when they framed the
Constitution Of the United States that
their work has seemed 10 be tho result OF
superhuman wisdom. That Constitution
accommodates itself TO its environment
without rendering paragraph of the IN
strument of none effect. The Supreme
Court of the United States is the admtra-
ton of the lawyers of the world. The
new law will not interfere with any of the
constitutional rights of that august tribu-
nal See, for example, how the Constitu-
ton seems TO provide for just the condi-
ton of things now existing when 1t pro-
yides that in oil cases affecting ambassa-
doris, other public ministers and consuls,
and those in which State shall be party,
the Supreme Court shall have original
jurisdiction, but in all the other cases
"before mentioned" the Supreme Court
shall have appellate jurisdiction both as
70 law and fact, Nth such exceptions and
under such re1uations as Congress shall make"
Here IL full authority for the establishment
of the new court.
II is interesting TO know that among the
versies between citizens of different States.
The Constitution provides that the judi
cial power Of the United States" shall ex-
tend 30 such cases; but it adds, as we have
lust shown, that the Supreme Court shall
not have original jurisdiction in these con-
troversies between citizens of different
States, but only appellate jurisdiction, and
this with such exceptions and under such
regulations as Congress shall make. IN
der the law "a it has heretofore stood
citizen Of Maryland could not only sue
Vircinian in the Federal courts, but ii
suit was pending against him In State
court he could upon certain conditions
have il removed to Federal court and
thus get il into the Supreme Court. The
new law provides that hereafter such cases
shall end in the Circuit Court Of Appeals
We cite this as one feature of the new
system worthy of mention. We gave yes
terday a synopsis of the new law. 1t is an
important change in the judicial system Of
the United States. IL will, as we have
said, take some work from the Supreme
Court. But it will hardly afford even tenn
porary relief to that court. 1t will require
all the wisdom of our national makers
to originate a system adapted to the needs
of nation consisting of forty-odd States
containing population of over sixty mil
lions of souls.