Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-03-12
THE NEW APPEAL COURTS.
What the Bill Passed by the Last
Congress Provides For.

L TIC llllNl phSShBG Juhb btlbIe tlb uu-
iournment of Congress of the bill for
the relief of the Supreme Court of the
United States was the elimination of an
effort that had continued for fully ten
years. The subject had been almost
continuously before Congress for the
greater part of that time, and had been
considered and discussed by eminent
jurists and various bar associations, but
wide differences of opinion as to the
method of providing the relief which
everybody admitted to be necessary de-
layed action. 1t had been proposed TO
increase the number of Judges of the
Supreme Court and to divide IL into two
sections, but the better opinion was that
this could not be done, because the Con-
stitution declares that there shall be
tone Supreme Court" There would
not have been much gain in mere in
crease of the number Of judges, and
two branches of the court would be In
effect two courts, unless the final adju-
dications were agreed to by the entire
body. If that were necessary there
would be little or no relief. The need
of very substantial relief was con-
coded, for the volume of business had
increased enormously while the work.
ing capacity Of the court had long been
at a standstill. The result was an accu-
mutation of more than 1900 cases on
the docket, which il would require at
least three years to clear off if no new
ones were added, while in fact the
additions were constantly increasing the
length of the calendar.
The only alternative to an increase of
The capacity of the court itself was to
establish between it and the lower
courts intermediate tribunals of appeal
which should make final disposition
of certain classes of cases, thus restrict
ing the volume of appeal to the Supreme
Court. This plan brought out differ
ences of opinion as to the ACCESSIBILITY of
restricting the right of appeal TO the
highest court, and also in regard to
drawing the line of jurisdiction for the
intermediate tribunals. The compost
ton and extent of these was also a sub
iect of much debate. The plan finally
agreed upon provides for circuit court
of appeal in each OF the nine circuits.
The bill passed by the House provided
for two additional Judges in each cir
cult but that passed by the Senate pro-
vided for only one. The conference
committee agreed to the Senate bill, and
that is. the one which has become law.
1t provides for the appointment of
one additional circuit Judge in each cir
cult, and creates therein u circuit court
of appeals to consist of three Judges,
two of whom shall constitute quorum.
II is TO consist of the circuit judges and
the judge of the Supreme Court for the
circuit, but when at any session these do
not constitute quorum, one or more of
the district judges within the circuit
may be called upon to sit, though no
judge can sit in review of case upon
which he has previously passed. Each
court is TO have marshal, clerk, and
other necessary officers, and each year a
term of one of the courts of appeal must
be held at Boston, New York, Philadel-
phia, Richmond, New Orleans, Cincin-
natl Chicago, ST. Louis, and San Fran
cisco; and others may be held at places
to be designated by the courts them
selves.
Hereafter appeals from the Judgment
of district and circuit courts can DO
taken directly to the Supreme Court
only in the following cases Where the
jurisdiction of the court is in issue;
from final sentences and DEGREES in nisi
prius causes; upon conviction of capt.
tai or infamous crime, where the CON
struction or application of the constitu-
ton of the United States is involved;
where the constitutionality Of any Fed
eral law or the validity or construction
of treaty is brought in question, or
where n state constitution or law is held
to be in contravention of the Federal
constitution. Appeals may also he taken
from the Judgment of the courts of last
resort of states where any question of
Ea1nro1 iuric1ictipt, lie invpItraJ
sion is also made that the Supreme
Court may take under review special
cases. The Judgment of the circuit
courts of appeal is to be final in all
cases in which jurisdiction depends
solely upon the fact that the opposing
parties in suit are aliens and citizens
of the United States, or citizens of diff
ferent states; in cases arising under the
patent laws, the revenue laws and the
criminal laws, and in admiralty cases,
except that the courts of appeal may
certify to the Supreme Court questions
upon which they desire its Judgment.
There is no doubt that this division of
appellate jurisdiction will afford very
substantial relief to the highest court,
for great number of cases which have
heretofore been carried to Washington
will be finally adjudicated in the cir
cults.
The law as finally passed requires
that the circuit courts of appeal be or
ganized on the third Tuesday of the
coming month of June, or, if in any
case there should be a failure to organ.
re then, upon u subsequent day to be
designated by the Chief Justice, or one
Of the justices of the Supreme Court.
This will nccessitate the appointment of
the nine new circuit judges some time
IN tho next three months. There seems
to be no doubt that appointments to fill
newly-created offices must he made with
the advice and consent Of the Senate,
for the President only has power to
make appointments without confirma.
ton to fill vacancies that may happen
during the recess of the Senate" and
then the commissions granted expire at
the end of the next session. Hence
there must necessarily be special ses-
sion Of the Senate in order 10 carry out
the purpose and intent of the law and
enable the circuit courts of appeal to or
ganize on the 10th of June. There are
probably other reasons, also, for Il spe-
cial session of the Senate, and ii is likely
that any newly-elected senator who may
be holding some other public office will
have to relinquish it or leave his state
without Its proper representation in the
Senate, thereby neglecting the duties
which he was chosen to perform.
Why enter the field OF experiment by the use
OF novelties when you know that that veteran
preparation, Old Snuls Pile Ointment, will
reach your case7 1t costs only 25 cents per box
Let 1t sputter.
Newark Ledger.