Telegram-herald., 1891-05-22
MUST FIND A REMEDY
The Supreme Court Weighed
Down With Business.
TWO METHODS OF RELIEF SUGGESTED
HAT Neither DE-. Meets With ths Ap-
prevail OF the thisf Jasties-nsw ths
Cssrt has Despatched lts Husinsss
aaa Kept up With the Gail.

LANSING, Mich, May 2i.-upon the
conclusion OF the argument OF the last
case upon the April docket today, and
before the finai adjournment for the
term. the Chief Justice OF the supreme
Court made the following announce
ment:
"The business of the April term OF
this court is now closed. and think IL
Is proper for me 10 state the condition
in which the business is left. The term
opened on the sth day OF April, since
which time We have been Ia constant
session, with the exception OF one week.
which was employed III writng up
opinions. We have heard l23 cases,
whlch have been argued AND submitted,
and during the term We have devoted
twelve To fifteen hours OF labor daily TO
the discharge of our duties. There are
seyenty-two cases whicn have been sub
mitted, which have not been written up.
This imposes upon the court. the duty
--as suca duty ought TO be disc harged
-of review and examination OF the
seventy-two records, several OF which
are over 500 pages, anu over 100 briefs,
and also the examination OF authorizes
applicable to those Gases. We have
ninc working days 10 perform this duty
in, between now and the first day Of the
next term. Aside from the cases We
have listened TO, We have heard and
disposed of siixsy-three motions during
this term. The business of the court
has greatly increased within the last
ten years-increasIng year by year in
steady ratio, as the population OF the
State increases, and As important busi-
ness interests are developed involving
litigation.
Every Case Disposed Of.
s'It has been the pride of the Supreme
Court OF Michigan 10 be able 70 say that
1t has kept abreast with the business of
the court on hearing and deciding all
cases brought before 1t without unnec-
essary delay, and thus far every case
upon the calendar has been heard and
disposed Of. 1t has been done by the
greatest exertions Of the members of
the court, and it is evident TO US that
the time is near at hand when the busl-
ness of the court will get beyond the
ability of the court to keep up with the
increase of business coming before IT.
Two methods have been suggested TO
sure of business which now presents It
self: One method is by limiting the
number of cases to he placed upon the
calendar for hearing at each term, and
placing SO many upon the calendar as
will enable the court to give to each
case that attention and study which its
Importance deserves; the other method
suggested is that no oral arguments be
| tsSfo I'D N ri w
the court. Both of these methods are
Objectionable in some respects. The
adoption of the first method would
leave the business in the Supreme
Court behind, SO that in a few years it
would be necessary to deyISe some
means to dispose Of the unadiudicated
cases, as has been the case in New York
and other States.
Evils of Getting Behind.
"The evils Of getting behind are great
as, instance, the Supreme Court of the
United States, where case is not dis
posed of on an average under three
years from the time II is filed in that
court. We have therefore hesitated to
adopt this plan for the reason that We
deem it to the best interests of suitors
and of the public that cases in this
S'uit suouiu oc uisposcu Va Vs soon as
possible after being filed IN this court.
The other plan is Objectionable in that
the arguments presented TO the court
are not oral, the advantage of oral
argument being that the points In a
case which would be Of greatest import
ance tn counsel are presented to the
court, and enforced by the aid of argu-
ment and illustration, ani many points
advanced by the opposite counsel are
answered more satisfactorily. 1t will
bc seen from the amount OF business
stated above that 1t viii be impossible
for this court TO examine the several
cases and write opinions IN those which
have been submitted before the first
day Of the next term, and hence counsel
engaged in those cases must not be sur
prised if as early disposition as wished,
by them, is not made"