The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-25
great expense that now attends appeals to

the supreme court.
new section (No. c9) hiss also been
substituted. in which it is provided that,
IS soon as the record and briefs are flied in
the supreme court. the case shall be re-
garded as submitted for decision. 1t pro-
vides that the court shall, IS soon as it
conveniently can in due course OF BUSH
ness, examine the record and briefs filed,
and shall famiiiarize itself wish the case
and, after it has become familiar with the
case, it may. on petition of either party,
or of its own notion, set the case for oral
argument and notify the parties of the
time when it will be heard. The limit of
each argument shall be fixed by the court,
but IN no case shall the supreme court hear
an oral argument until ii has famillarized
itself with the record and brief in the case
The committee claims that in order for
tine supreme court to Thoroughly under
stand the case, it should firss be familiar
with the subject, with the points made.
and authorities cited, as thea the argu-
ment would be more ineligible and do q
great deal more good; that under the pres
ent practice the argument is rot satisfac-
tory to the court, neither is i. to the par
ties. and is a waste of time. IF the court
was first familiar with the points made
and the record of the case. then it could
pass upon the case with the same under
standing that the trial court passes upon a
motion for q new trial. 1t further pro-
vides that in no case shall an oral argu-
ment be heard by the supreme court until
it has first examined the records and
briefs.
A new section no 3O) has been inserted
g
record and briefs in the supreme court.
limiting the time to 100 days, and provid-
ing that in case the record and briefs are
not filed in the supreme court within 100
days the appeal shall be dismissed, and
that upon the motion in tne superior
court the superior court may vacate and
set aside the appeal. This section does
not give the supreme court jurisdiction of
the case until the record ana briefs are
filed with its clerk, and the superior court
retains jurisdiction until after she records
and briefs are transmitted. The commit
tee claims that this section will save the
expense and time in filing motions at
Olympia to dismiss appeals, and will take
from the supreme court a great deal of
unnecessary business and give the court
more time to attend to the cases before it.
The new bill also provides that the appel
liant shall pay $40 to the clerk Of the supe-
rior court to be transmitted to the supreme
court with the record, thus making a total
expense paid out tor the appeal to the
supreme court SIS. 1t is also farther pro-
vided that in case a judgment Is ffirmed
the respondent who has appeared and filed
briefs shall have an attorneys fee taxed
against the appellant of SO. In case
judgment is reversed the appellant shall
have taxed against the respondent an
attorneys fee of $25. and the SIS advanced
to the different courts, making in all the
sum of $40.
1t provides that no other costs shall be
taxed upon the appeal. This, it is claimed,
will notify all parties what their liabilities
will be on appeal In the case. And, while
$l5 is sufficient under the bill for all court
cost. it allows the litigants to know their
liability and leave nothing unanswered in
regard to their case. The other sections OF
the law have been adopted with some
slight amendments to make them conform
to the new bill. The object OF the new
bill is to cheaper and simplify appeals to
the supreme court.