The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-03-09
THE SUPREME COURT BILL.
SOME DOUBTS ABOUT ITS CON-
STIrUTIoNALITY.

the Measure in the Senate Judiciary
Committee.
A Washington special TO the New York
Tribune says thAt the new law creating
nine circuit courts Of appells, in order to
relieve the United States supreme court Of
part of its present overwhelming burden
OF litigation, Is certain to have a thorough
overhauling by the latter tribunal before
1t Is pub into operation. There is in the
minds OF some excellent lawyers a grave
doubt about the constitutionality OF the
law-which will no doubt be known to
history as the Evarts law-because it takes
away from the supreme court and confers
upon the new circuit courts of appeals iuris-
diction in certain classes of cases which is
given by the constitution, in terms or by
implication, to the supreme court alone.
These classes OF cases are as follows:
J. Gases in which the Jurisdiction of the
national courts depends upon the character
OF the suitors-that is, upon whether they
are aliens, citizens Of another state, etc.
2. All cases arising under the patent
laws
g. All cases arising under the revenue
laws.
4. All cases arising under the criminal
laws.
g. All admiralty cases other than those
involving prizes made on the high seas
Just now the question of the validity OF
this act Is to come before the supreme court
has not been decided, but the fact that it is
to be reviewed and most critical y examined
has been fully determined. The justices Of
the supreme court are taking such an active
interest In this subject that they are restless
about waiting for the official print of the
act as IL finally became a law, with its Joint
resolution attachment. In the ordinary
course OF things the official patnphlst will
be out withIn four or five days.
The engrossed bill was received at
the state department on Wednesday. and
although made special" SO that it would
have the right OF way over other bills by
the public printer, the great urgency which
always attends the getting out Of the appro-
prlatlons has impeded the printing of the
little three.page pamphlet which this i'm
portant measure will make. Hence it has
become necessary, in order that the inn
patience Of the Justices may be relieved, to
have made for them certified copy of the
act and OF its joint resolution "rider. ~
This copy was made this afternoon and VIII
be sent to the chief justice, duly certified,
tomorrow
Justices Blatchford and Gray have
already made critical study of the new
measure. The former said: what the
effect of this act will be no man living can
tell, any more than he can tell when he is
going to die"
The vigorous old justice said further that
as matter Of course he could not with pro-
priety discuss for publication this or any
other matter that was TO come before him
in his judicial capacity for consideration
in fact, it would be highly improper for
him to do SO. But it was easily inferred
from his manner ofspeaking Of tho new law
that his careful review of it has given him
some decided impressions with regard to it.
Chief Justice Fuller also said that, while
he was free to say that the law would be a
great relief to the court, no could not prop
erly soy anything for publication upon the
matter, as 1t would doubtles be before the
supreme court for review as to its validity,
He had not scrutinized the law as closely as
Justices Batchford and Gray have, but he
spoke as though there was no manner OF
doubt that the law would come before the
court for its action.
Inquiry at the white house failed TO dis
close any action on the part Of the President
looking to to the submission of this subject
to the supreme court for its opinion before
the appointment Of the nine judges and the
institution Of the nine new courts with all
their official machinery. It was officially
given out, however, that there will be no
judges, and that 1t will be perhaps months
before the President will begin to perform
the highly important duty required OF him
by the Evarts act
1t is not at all necessary that the initia-
tive in the proceeding having for its object
the dissection of the law by the supreme
court should be taken by the President or
by the Attorney General. II the supreme
court should be OF the opinion that the law
intended ifa
the constitution, 1t has the undoubted
power itself to take the initiatory action
and place the law under reviow. This is
ths opinion of an experienced and eminent
democratic lawyer who warmly supported
the Evarts law In congress- and it is also
evidently the opinion which the justices of
the supreme court would be likely TO hold.
There 10 good deal of feeling among the
lawyers Of the Fifty-frst congress over
some Of the details Of the contest which re-
suited ia the new judiciary law In the
Senate judiciary committee MIR. Edmunds
the chairman and Mr.. Eyarts foil into
strong opposition, and after resolute con-
test between these eminent members OF the
bar, Mr.. Evarts carried the committee, the
Chairman finally mastering only two sup
porters, Messrs. Ingalls, and Vest. Mr.. Ed |
munds was much hurt by this signal defeat
in the committee which he has dominated
for so many years; and he still stouEly adj |
heres to his opinion that the law is not |
constitutional, aad is known to favor the |
submission Of the question to the supreme |
court for review before the law shall be put |
into effect. He believes that the substitute |
proposed by him for the Evarts bill reported |
by the majority OF tho committee, to the |
effect that three justices Of the supreme |
court should constitute quorum for the |
purpose Of hearing cases, while the consulS
tation thereon should embrace the entire
court, and the decree following be the
decree Of the whole court, would be prefer
able TO the Evarts scheme Of minor supreme
or appellate courts.
Aside from the question of the validity
or the constitutionality Of the Evarts law
which the justices have been privately con-
sidering, the practical utility of the measure
will, doubtless, also be taken into account
by them. II, as Mr.. Edmunds asserts, the
supreme court is to be relieved at the cost
OF clogging and blocking the circuit courts,
OF which the justices form q part the main
argument that underlies the Evarts law will
come into question. In number
Of the circuits the judicial administration is,
and has been for years, unable 10 keep up |
with tho current business, and in circuits
thus situated Mr.. Edmunds expresses the
fear that the requirement OF the Evarts law
that circuit judges and some of the district |
judges shall sit as part OF the circuit courts
Of appeals will result in still grea er accu-
mutation Of undisposed-of causes. Thus, he
thinks. the relief TO be given by this law to
the supreme court will have the practical