New-York tribune., 1891-03-08
MR.. EVARTS ON HIS NEW LAW.
ITS PURPOSE AND CHIEF PROVISIONS.
HISTORY OF THE LEGIsLATIo IoN-DIFFERENCE
BETWEEN THE HOUSE AND SENATE
BILLS - TIE INTERMEDIATE
COURTS OF APPEAL.
,pY TELEGRAPH TO TIE TKIBUyE.i

Supreme Court will probably sit in review upon the
Evarts Law relieve that tribunal Of the burden OF
litigation pressing upon II, has led TO rcse"co
interest here in the exact provisions of the Dill ana e
history Of is passage through Congress. In the inter
view which follows. Mr. Evarts discusses the scope o
the new law and comments nstructivey upon its CHIEF
features As the author OF the law and its successful
advocate in Congress- Mr. Evarts Is entitled to speak
on the general subject with undoubtcd authority ana
what he says will have both interest and value In view
OF the contention which IS raised as to the new Ia"
validity Here is what the Ncw-iOrk Senator SAID To-
day TO correspondent OF The Tribune when asked to
give some account Of the intent Of the act and its main
provisions: ,
sThe subject of relief Of the supreme Court from the
increasing amount OF business coming 10 it thrOngh
ts appellate Jurisdiction under tho existing laws mas
for many wears pressed itself upon the attention OF
that court the profession at large ana the suitors IN
Federal courts well as upon congress ana Sic
cessive Administrations OF the doVerhmehe oo'ora'
methods TO reach the desired relief have been in the
minds Of the Judges and the lawyers of the country
The method suggested was the limit Of the right OF
appeal by the arger and larger pecuniary extent OF
judgments and decrees below which could be carried
up to the supreme Court
"In this direction in 1875 the right Of appeal was
raised as to amount from $4,000 to $1,000. In this
same direction it has been for years proposed and
insisted upon that this limit should be raised to
$4,000 and this regulation has been pressed upon
Congress as the rcadest simplest and most eihcicnt
means OF reducing the docket Of the Supreme Court so
that annually tho docket might be cleared.
Another method has much engaged the attention
Of the profession aud Of tho Bench, OF dividing tho
Supreme Court into quorums by which sittings might
be had in separa,c chambers for the hearing ana
decision Of cases under the ordinary heads of private
litigation thus requiring only the larger quorum of
six now provided hy law FOR cases that be shortly
described as Involving constitutional questions THIS
method would enable the supreme Court to dispose oi
twice thrice many private cases as ii now docs
Another method has more generally been under
discussion. to relieve the appellate jurisdiction OF ths
supreme Court by the establishment of an lhtcr-
mediate court Of appeals: and various schemes In
this direction have been proposed, examined by ihe
court and the profession. and or less Thoroughly
Inspected and discussed In the houses Of Congress
The act which has Just been passed IS Of this nature
No objection can be raised the cOnstutDnalitS o
this act nor has any such objection ever been sng
gc~ted. Other schemes of the same general purpose
and objccthat i Of intermediate courts Of appeals
have made greater or less progress at different Con
crosses toward their enactment but all have at th!'
Concrc,, given way TO the plan which has now passed
into law.
Mr. Rogers a member Of the House from Arkansas
introduced in the House # Representatives. at the irS
session of the last Congress- the ID OF April l7'o
bill intended o. provide completely for proper inter
mediate court Of appca~. and the measure was ''l''
datey referred 20 the Judiciary Committee Oi the House.
This committee reported back the bill on the o'h oi
April II was taken up by the House on the l4th
~ April and passed without amendment on the same
day When the lill came 10 the senate 1t was linme
datcly referred to the Judiciary Committee where INC
whole subject was thoroughly examined and discussed
and on the 4th day Of August reported from thn
committee an amendment In the nature OF SUBSTITUTE
for the House bin.
in fba
18th Of september. and was debated during several
successive DAYS and. after the adoption Of some
amendments not affecting the scheme or structure "'
the bill. the senate substitute was, on tie ia oi
september, passed by yea and nay vote OF ~ 10 o'
This senate bill. ii sent over To the House was
on the asth Of February last passed without any
change whatever In it, text. and IL became law by
the approval OF the President on the I'd Of March
The bill as sent down from the senate providing for
the first meeting of the new courts ON the hrNt day
0f January, 1891, having passed In this form through
the House, joint resolution was introduced In the
senate by me providing for the first meeting OF tho
new courts on the third Tuesday In June. II wa'
Immediately sent to the House. where amendment
added another subject covering saving clause
against the repeating clause I'm ho new act affecting
existing suit. This amendment Of the House was
agreed to in the senate on the Sd Of March, and
the joint resolution on the same day approved
by the President.
Of the senate from that Of the House In it, scheme
and operation are:
"1.-ln drawing a discrimination between cases
that In their nature must or should come 10 tho
supreme Court aud sending them directly up to that
coart aud those that may b" sent to the Circuit
Courts of Appeal, and sending these there.
In making the decisions In the Circuit Courts
Of Appeal, final in great body Of c;r,es sent there.
far ~ the right of appeal review Wa, - matter
oi rght to the parties, but N this latter clar Two
mean, were provided for review IN the supreme Court
First when the Circuit Court, Of Appeal, should Ill.
-pontc end up for -uch C,-c>, and secondly, when
the supreme court should by ccrtioriri require any
such suit 10 bc brought up. By this scheme d0ull;
successive reviews In any ease were permitted n th'
great mas Of case but a at present only vY.w
Is to bc had-cithcr In the supreme Court I'm the
Circuit Court, of Appeals, ~ before mentioned.
>n",hrr m important featnr@ j. that Of leaving the
abo,lng the appeals from the District Court, 10 the
decisions Of the District Court, had. therefore.
either in the Nupi7me Conit in the Circul, Courts
Of Appeal, according to their subject matter before
The constitution Of the courts. as framel in
the act provides that the Justices Of the supreme
Court the Circuit Judge, and District Judges shall bc
competent TO Sit I'm the courts as to make up
the number Of three according 10 method described
in the act The act provides for the addition Of only
Circuit Judge in each crcuit. aud leaves the right
81 the Justices of the supreme Court and Of the Circuit
Judges 10 ST IN the existing Circuit Courts, sitting as
several important administrative provisions are
adopted from the House bill I'm the senate scheme. but
in general SENSE the act has left the arrangements
Of the existing courts Ia De dealt with separately In
future legislation. no part Of the scheme Of the m
termcdiatc appellate courts. BESIDES, il thought
10 be lncOhvcnicnt Ia make any important ar
rlngemcns Of the courts below, as were contemplated
I'm the House bill concurrcntly with the present crea
tion Of a novel system Of intermediate appellate
courts II NAV well be expected that the wording Of
the new ~ stem. whichever scheme adopted In
the creation Of the new courts. would develop the cN
pedency Of modifying cnlarging the operations OF
The new courts and the frame and scheme of the act
are al all incOnsI' tent with such administrative
Improvements as experience shall indicate
A TESTIMONIAL PRESENTED TO MR.. BLAINE
Washington. March 7.-Laurus LoOms. Of Ncw-York.
waited on Secretary Blaine at the State Department
This morning. and presented testimonial from whole
sale dry goods merchants. exporters and Others Of the
city Of New York. irrespective Of party, expressing
their appreciation Of his action in the matter OF rc
procty with Brazil, and their trust that the wise
and farsccing policy thus inauGrated may be extended
10 other south American nations. thus materially In
creasing the commercial prosperity Of the United