St. Paul daily globe., 1892-06-17

sion at the same time.
Finding this a somewhat difficult feat TO
perform, the circuit judges in this circuit
have taken the view of the situation that
was taken by Sir Charles Webster, the emf
nent barrister, under somewhat similar con-
ditions. Sir Charles had been re-
ferent parliamentary committees, and
it CHANGED that all the eommitj
tees met on the same day and hour. and
while they were all in session Sir Charles
was observed sitting leisurely under a tree in
the Parliament square and when asked why
he was not attending upon the commit
tees. replied that as he could not ap-
pear before all the committees at the
same time. he had T solved TO
observed strict lmpartiality among his
clients, and appear before none. The circuit
judges will observe The SAME inpartiality be-
tween the circuit courts, but they are denied
the leisure enjoyed by Sir Charles while
praelieing his impartiality, for their capacity
to work will be taxed 10 its limit to do the
business in the circuit court of ap-
peals. In one respect the circuit court
of appeals resembles the judicial system
of the children of Israel in the
q law-maker. Early in his career he decided
all causes in person, but later. upon the ad-
vice of Jethro his fatherin-law, he adopted
judiciary act comforting the power to- judge
OIL the head men, in all but the hard
causes" which he reserved for him
self These last might be de-
eided on his own knowledge
or referred to Jehovah directly for decision.
and the hard and troublesome cases were so
referred. Some of the cases concerning
which Moses desired information of Jehovah
are reported; one notable case in which Capt.
tai punishment was inflicted. In this way
Moses was able to avoid all responsibility in
the hard cases aud act only upon lnfallible
advice. Now, the Jethro of this court OF ap-
peals system. Senator Eyarts, invested the cir
cult court of appeals in ali cases, great and
sm. H. with exactly the power i'll principle
exercised by Moses i'll all hard eases-that is
the power. in the language OF the act, to
certify to the supreme court of the United
States any questions or propositions of law
concerning which il desires the instruction of
that court for its proper decision" Under
the Hebrew judiciary act Moses was the court
OIL appeals, with authority TO ask Jehovah
how he should decide the hard cases. Under
our judiciary act the court of appeals asks
the supreme court how to decide. Never
since the time of Moses has any appellate
court had such ready and easy moqe of
ohnining information from an infaliible
source for the decision of causes before
il. All il bas TO do TO know how to decide q
case is TO fire the questions at the supreme
court. 1t is made bic duty of that court to
answer the questions propounded. and. while
the act does not say so IN words. presume
that that court would render itself liable TO
the process OF contempt if it did not answer
them.
If IL legal conundrum should be propound-
ed which 1t could not guess, j presume the
parties would nave TO dismiss Ipe case and
arbitrate-a board of arbitrators is equal to
the decision OF any question. The act in
vests the supreme court with the power TO
order every cause in which the judgment Of
the circuit court of appeals is final, sent up
to that court for decision, but this power is
likely 10 be
Sparingly Exercised.
n. - not ,>iDipor fO- paSac ~
decide. And thus we have the curious
spectacle of court of last resort so consti-
tuted that it can refer every question OF law.
insyery case that comes before it. to another
court for decision, ard from whose docket
every case in which its Judgment is final, can
be carried up by writ of ceriiorari into
another court. But with all the anomoiies
and defects in its constitution, II is court
which possesses a jurisdiction. power ana
dignity second only 10 that of the supreme
court of The United States. In this
circuit il is the supreme court-the court
OF last resort-for ten states, in all eases
where the jurisdiction i'll the conrt below
W as dependent Oh diverse citizenship or
niienaee OF the parties, and in all patent,
revenue aud admiralty cases, and i'll large
class of criminal cases. These ten states
include the cotton fields of Arkansas, the
wheat fields of Minnesota and the Dakotas.
of the Eastern slope of the
Rocky mountains. They include many
cities which are great railroad manufactur-
ing and distributing centerS. NO other cff-
cult represents such an extent of territory
or eqlals il i'll the extent and diversity
of lis population and pursuits. The
volume of litigation is greater than
it is in any other circuit, and this
litigation illustrates in the questions it pre-
sents ali the variety found in the pursuits Of
possessions, and from the Mississippi river to
The crest of the Rocky mountains. and in
wolves values typical of the enormous wealth
and commerce of that great emp pire. 81
Yoa have net here tonight TO do honor to
one of tn e judges of this court. who is a ciH-
zen of your city, whom you have long known,
and whose conspicuous fitness for the place
YOU all recognize l do not have TO tell you
that he deserves this honor. The bar, his
associates Oh the bench, the circuit. and the
country at large are to be congratulated
upon the accession to the bench of one SO adj
mirably qualified in every respect to meet the
duties of the position as Judge Sanborn.
One word TO you. gentlemen OF the bar.
The successful administration of justice at
all times and everywhere rests upon the in
tegrity and learning of the bar Its func-
tiOns in courts are equally as important as
those of the bench itself Its members
originate the entire business of the courts,
conceive and give form to the action, pre-
pare the testimony. conduct the hearing. and
present to the bench for adoption the proper
solution of the questions raised, and, indeed,
tH6S are ldTscls icSpOloiiJiC lOi lIAC iCSuit-
All OF the judges OF this court concur in this
sentiment and crave the support of the
bar of the circuit in. their efforts to
make the court of appeals tribuna! worthy
Cf the great interests committed to it. They
are deeply sensible of the fact that the power
to Judge is the highest and weightiest trust
that society can impose on one OF its members,
and that for the proper exercise of tcat great
trust, they are accountable to the bar, 10 the
country. and to the one Great Judge Gen
tlenan of the bar, help them to discharge
that trust Alright; perform for them the Office
performed by Aaron and Hur for Moses
hold up their hands until victory shall be
achieved for the right in every cause.
Judge Sanborn's Address.
Hon. Walter Ii. Sanborn was given
an ovation when he arose to respond to
the toast, "Our Host" coupled with the
lines:
who is he that cometh like an honored
guest2'-Tennyson.
''In faith he is a worthy gentleman."-
Henry ".
The right man in the right place. Lay
ard
Judge Sanborn spoke feelingly of his
appreciation of the distinction shown
him, and expressed his gratitude to the
members OF the
bar, with whom
SgsSsNSXM he worked for
twenty years, i'll
l. that they gave
.t 4M T. him this teStime-
~W<@ iol yyoll aS il,