New-York tribune., 1891-03-07
TO REVIEW THE EVARTS LAW.
SOME DOUBTS AS TO ITS CONSTITUTION
ALITY.
THE JURISDICTION OF THE NEW TRIBUNALS
HELD TO CONFLICT WITH THAT OF THE
SUPREME COURT HOW THAT BODY
MAY EXAMINE THE LAw-THE con-
TEST OVER THE MEASURE IN
THE SENATE JUDICIARY
COMMITTEE
IBY TELEGRAPH TO THE TnIBUEE.J

Circuit Courts OF Appeals order to relieve the United
states supreme Court OF part OF its present over
whcming burden Of litigation is certain to nave "a
thorough overhaung by the latter tribunal before 1t
put into operation. There is in the minds OF some
excellent lawyers grave doubt about the consttu-
uonality Of the aw-which will no doubt be known to
history as the Evars law-becausc 1t takes away from
the supreme Court and cOnfers upon the new circuit
Courts Of Appeals jurisdiction in certain classes OF
cases which is given by the Constitution in terms or
by Implication. 10 the supreme Court alone IheSe
classes OF cases follows:
l. C1es in which Jurisdiction OF the National courts
depends upon the character Of the snitos-that Is upon
whether they aliens OF another State ETC.
? All cases orising under the patent laws.
g. All cases arising under the revenue laws.
T. All cases arising under the criminal laws.
o. All admiralty cases other than those involving prizes
made the high seas.
Just how the question Of the validity OF this act is
to come before the supreme Court has not been de
cded but the fact that il is to be reviewed and most
critically examined has been fully determined. The
justices Of the supreme Court taking such active
interest In this subject that they are restless aboI'
waiting for the official print Of the it finally be-
came law, with its joint resolution attachment In
the ordinary course OF things the official pamphlet
VIII be ont within four five days. The ensrossed
b!ll was received al the stale Department on Wenes
day. and although made special that it would
have the right Of way other bills by the Public
llhtcr, the great urgency which always attends tho
ee''lNs out of the appropriations has impedcd tho
printing OF the little three page pamphlet which this
important measure will make. Hence it has become
necessary in order that the impotence OF the justices
may be relieved 70 have made for them certified copy
o. the act and Of its Joint resolution rider" This
copy was made this afternoon and will be sent 10 the
Chic' Justice. duly certified, tomorrow.
JUSTICES Elatchford and Gray have already made
critical study Of the measure. The former said
TINS morning to a representative Of The Tribune:
"What the effect Of this will be living can
tell. any more than he tell when he is going to
de
The vigorous old Justice said further that AZ
matter Of course he could not with propriety discuss
for publication this any other matter that was TO
com" before him In his judicial capacity for consider
ation-in fact it would be highly improper for him to
do 50. But it easily inferred from his manner OF
speaking II the law that his careful review If Il
ha, gwen hin some decided impressions with regard
10 1t.
Chief Justice Fuller also said 10 TIE Tribune cor
respondent to-day that. while he free tO saw tho
law would h. a great relief 10 the court he could not
properly say anything for publication upon the matter
n would dDubtleS be before the supreme Court for
review a, to It's validity. lie has not scrtnzcd the
law closely Justices Batchford and Gray have.
but he spoke though there no manner OF doubt
that The aW would before the court for Us action
Inquiry AZ the White House failed t. disclose any
action on the part Of the President looking To the
Submission of this subject 10 the supreme Court for its
opinion before the appointment Of the nine Judges and
the Institution 81 the nine 80" oJud, with all their
Official machinery. II oil .aliy given ont, how
ever. That there Will b. no haste whatever In the
selection the judges. and that II viii be perhaps
months before tho President Will begin to perform the
highly important duty required OF him by the Eyarts
act.
II Is not at all necessary that the initiative IN the
proceeding having for IFS object the dissection Of the
law by the supreme Court should be taken by tho
Ircsdcnt or by the Attorney General II the supreme
Court should of the opuipn that the law is Intended
t. Impair its Jurisdiction under tie Constitution. It
hes the undoub,ed power lt-lf ;atc The inltatory
action and place the law under review This Is the
opinion of an experienced ami eminent Dcmoc ratio
lawyer who warmly supported the Evarts law In
Congrss. and il +. also evidently the opinion which
the justices Of the supreme Court woud be likely 10
hold.
There is a good deal Of feeling among the lawyers
# the List Congress over some Of The details Of tho
contest which resulted In the new Judiciary law In
tho senate Judiciary Committee Mr. Edmunds, tho
chairman and Mr. Evart, fell into strong opposition,
and after "A r.,oluc c0utc, between these eminent
members of the bar Mr.. Evarts carried the COM
| mttce tho chairman finally mastering only two sup
portcrs Mcs,rs. In-all, and Vest. Mr. Edmunds Wa
| much hurt by thi, signal defeat In the committee
which be has dominated for 30 maay years; and he
,t stouy adhcrcs his opinion that the law is not
constitutional and +, known favor The submission
of the question 10 the supreme Court for review be
| fore tie law shall be put into effect. He believes
| that the substitute proposed by him Tor tho
| Eyarts biz reported by the majority of
| the committee, 10 the effect that three Justices
u the supreme Court should constitute quorum Tor
the purpose Of hearing cases. while the consultation
thereon should embrace ts entire conrt, ard the de
cree following be the decree of the whole court would
be preferable the Evarts scheme Of minor supreme
or Appellate courts.
| Aside rom the question Of the validity the
stltutonality Of the Evarts law which the justices
have been privately considcrins the practical utility
u the measure Will doubtless also be taken into ac'
count By them. II. Mr.. Edmunds asserts. the Su
prcme Court is TO be relieved at the cost Of coggne
and blocking the Circuit court. Of which the Justices
form part. the main argument that underlcs the
Evarts law VIII naturally into question. In a
number Of the circuit, the judicial administration Is,
and has been for years unable to keep up with tho
| current business and I'm circuits thus situated Mr..
Edmunds expresses the fear that the recruitment OF
the EyartS law that circuit judges and some Of the
district judges shall sit part Of the Circuit Courts 9.
| Appeals VIII result in stll greater accumulation
Of undispo5cd OF causes. Thus he thinks. the relief
| 10 be given by this law to the Supreme Court VIII
! have the practical effect Of making still greater
blockade OF business in many Of the subordinate courts
TtS ground however has all been thorousay GnS
CAREFULLY CanvaS~'d bv Mr.. EVarts ana he i douDi-S
attack that be made II on TINS score ID vi"
court OF last resort b." has done most cNcctU1y 50
ar aN carrying the maj ortv Of hi' e. leagues VII" nm
l. concerned i'm the contest In Congress The grA In
tcifst taken by lawyers throughout tho country lH'
| matter 81 the appellate courts Is evidencoi N
rush Of applications TINS early for copies of the
bill aS II became law but before noel VIII h'
week longer before the law Will be available ioi
distribution.
| The President has before him most dnC lIt ana
abrlouS duty 10 pe~f rn In the sclccuog OF tlc nl
new judges I'm the case OF each circuit he records ~
manv judges and LAWYERS who p.rc 10 or are "iEih'
10 selection for the distinguished labor Of circuit JudS
ship Will hlv" T. bc over. d'lopfi l> ana III
dvidual advocates will have 10 bc heard pltetY on
the merits Of this ana that candidate ana hnalN VIII
come the decac and tiOub, tyk II deciding WIN"
among many good men Is the best Or the moN aVaiaho
FOR the place. II l. considered not a. al unlikely
that the President will b" able 80 use al on nc n'r
months to clapsc before the >csatc VIII meet again IN
the performance II this trying "rvic" In a ot RE n'
case to be dealt with Appointments VIII no P1 mao %