Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-10

ing SrAn are only about half a. high as those Of
other Warrington papera But cheapness ID
not the only merit. Its serrice Is better than any
other paper in ne city can possibly gioe,
/
Lawyers Who Oppose SIN Continuing the
Effort Against It.
WY THEY PREFER THE BILL PROVIDING FOR
1 ADDITIONAL JUSTICES OF THE DISTRICT Sc
PREME coURr-rHE BAR ASSOCIATION AND ITS
AUTHORIZATIONS URGED IN FAVOR OF A
| sEPARArK COURT OF APPEALs-
The action Of the House judiciary commit
tee in favorably reporting the court Of appeals
bill, as announced in Tuesdays STAR, does not
seem by any means to have ended the contro-
versy over the matter among members OF the
District bar. On one thing both bench, bar
| and congressional committee are agreed, and
that ia the urgent need Of some measure OF re-
lief, some addition to the working force OF the
District Judiciary to enable the courts to dis
pose of the great number OF accumulated cases
| and to keep up with the current business. The
| so-called court Of appeals bill providing for
| separate court Of appeals Of three justices was
| favorably reported to the House By Its judi
| ciary committee in the last Congress, and again
| in this Congress il has been returned to the
| House from comrnittee with favorable
| report To both Congresses it was pre-
sented by a committee representing the
| Bar Association of the District
measure which had received the approval
4 Of thatassociation. A formidable opposition
/ 10 the bill however, has been developed among
sAembers of che bar. who have advocated in
| stead Of this measure bill providing for three
| additional associate Justices OF the Supreme
| Court of the District 1t has even been as
| serted by this opposition that the court Of ap-
peals bill did not represent the views of ma
| jority Of the Bar Association. The opposition
claim also that the larger portion Of the bar
are with them. and they assert proof of it
| that when It was ascertained that the Judiciary
committee had determined upon the court of
| appeals bill n petition was prepared opposing
| the bill, and it was signed by over 200 members
OF the bar. An effort will be made to have the
| matter again brought before the Bar Associa-
| ton, when the lawyers who oppose the court
OF appeals bill hope to muster votes enough to
| reverse the action by which the association
gave its approval to that measure. The further
| agitation OF the matter is deprecated by many
| VINO fear lest the result may be an indefinite
postponement of the relief SO urgently de-
| handed
WHY THEY OPPOSE THE BILL.
A member OF the bar who has been active in
his opposition to the court of appeals bill said
i
count for the action Of the judiciary commit
tee on the theory that having officially resolved
| to report the bill after hearing only one side OF
| the question the members of the committee
did not wish to admit that they had made a
I mistake. This bill" the lawyer continued,
will necessitate an annual appropriation Of
not less than so, 900 a year, while the bill we
| are in favor Of and which will give US all the
| relief we could well ask for, and much more
/ than the bill the committee has reported, will
n r,s pty rxhf nh 10 inst he
| amount required to pay the salaries of the
4 three Judges which we ask to be added TO the
present court We could then have
/ permanent general term, consisting of the
chief justice and two senior justices. That Is
practically and substantially a court of ap-
/ peals with this. among many other advantages:
1 We get q court that whenever a vacancy occurs
none but tried and experienced judge will be
| call to sit in. The next senior justice who has
| been undergoing q five, six or ten years ex-
perience In the special terms will take his seat
/ upon our court Of review il general term with
| a full knowledge of our laws. He will, by his
years OF training in the lower courts, have
| learned our statutes and tine decisions inter-
| preting them. He will know the practice and
procedure Of the court and the system and
spirit OF our District laws. In other words, he
| Will take his seat in our highest local court
| ripened jurist. On the other hand, this new
court Of appeals will undoubtedly be filed. as
l nearly every judicial position has been filed in
| this District, by new men brought from the
l states with not the slightest knowledge OF the
laws Of the District. He will be placed upon
the bench to review and often overturn the de-
| cision OF men who have had years of expert
| ence in administering these laws. 1t seems
most absurd when one thinks of it Now our
plan meets the condition most admirably; for
| whatever plan Is adopted that will be done
| which has always been done and will always
continue to be done to the people of this Dis
| trict. No matter what sort of court is given us
| it will be filled with men who are strangers to
| us But by adopting our plan this will not do
| us very much harm, indeed it il an advantage,
| for ii extends the field from which to pick out
| an able man to NIL the place. Then. when you
| for our highest court. He goes to the foot. We
i put him in the Criminal Court where the laws
| are the simplest and most easily learned. Next
j he goes into the Circuit Court. then in the
1 Equity Court or vice versa; SO that by the time
! ne has reached the round of the ladder
! which will take him with the next step into
| the General Term, where he will sit to review
the decisions Of the younger and less expert
enced judges who have been appointed since he
| was, he will be qualified to do it. This is the
| system which has for years been advocated by
| the best lawyers OF the country one which
| should be applied to our entire federal judici-
airy. A system of gradual promotion Of judges
| who grow more and more experienced with
every round they rise upon the ladder. But
| this proposed court Of appeals exactly reverses
| this order Of things 1t places the inexpe
| rienced judge over the experienced one. 1t
makes the pupil the superior of the teacher.
| And all at a cost to the people OF more than
double the cost of that which we are asking for
| But what do you propose to do about it,
| said the reporter, now that the committee
/ has reported the other biii?''
well, we know we are in the right and we
propose to win, that's all. The bar and our
side constitutes three-fourths OF it, is thor
| oughly aroused to the importance Of this mat
| ter, and we have gone to work-rsther late. il Is
| true-but we shall win. We shall ask the Dis
| trict committee to help us. We shall give this
1 economical Congress the alternative Of choos-
/ ing between q measure which we don't want
| and which will cost from $50 600 to SIS, o % a
year and one which we do want and which will
| only cost Sl5, 900 year"
THE ACTION OF THE BhR ASSOCIATION
A member Of the bar who has been active in
his support of the court Of appeals bill. when
| asked by STAR reporter respecting the oppo-
| sition to the BILL denied that q majority Of the
bar or Of the Bar Association favored the meas
ure proposed in place of the court Of appeals
bill. The petition in favor Of the opposition
bill, this member of the bar said, had been
signed by many who had been misinformed and
made to believe that the court OF appeals bill
could not be passed, and who therefore were
ready to advocate any measure that would
secure the needed addition to the courts The