St. Paul daily globe., 1892-06-17
JURISTS AND JUDGES.
Pleasantly Turn From Dry
Law to Sparkling Cham
payne.
A Bar Banquet in Honor OF
Judge Walter San
born.
The Aberdeen the Scene of
the Festivities Of the
Evening
Witty and Eloquent Address
es Of the OCCASIONS
Orators.

The banquet given last night In the
Aberdeen by the st. Paul Bar associa-
ton. in honor of Hon. Walter II. San
born, who was recently appointed
United States circuit judge, was the oc-
casion for gathering together the Mes
tors of the bar in most happy social
way. Several distinguished perSonageS
were present as invited guests, and
pleasant hour was taken up with re-
eeption in the parlors, preliminary to
the feast.
At $50 the call to the banquet hall
was sounded on the bugie, and the
company promenaded thither. led by
the guest of the evening. accompanied
by Judges Caldwell and Shiras.
The committee of arrangements con-
sisted of gentlemen well fitted for di-
reeting the details of successful enter
tainment. They were: e. H. Benedict,
G. A. Severance, w. II. Lightner, Z. Ii.
Morphy and John c. Bullett.
The seven tables were profusely dec
GRATED with baskets of ferns and cut
flowers, and neat n0SegayS were placed
al the several plates.
The menu was an excellent one, well
accented with choice yiandS. Two
hours were taken up in converse, with
ciSms, bon mots and in doing justice to
the minutae of the menu. Then came
the cigars and speeches. John ID.
OBrien was POSTMASTER. He congratu-
lated the members of the bar upon
the amenities of the occasion
and then referred to the fact
that all able jurist had uttered the sem
timent that the courts are the peoples
department of the government. That
sentiment was expressed at Hot
Springs, Ark, upon the opening of the
court house, and. its author was Hon.
Henry &. Caldwell, circuit judge of the
Ninth judicial circuit, whom he took.
pleasure in introducing to respond to
the toast, "The United States Circuit
Court of Appeals" to which was sub
Joined the sentiment from Bracton:
Let no foolish or unlearned person pre-
sumo TO ascend the judgment seat"
When Judge Caldwell arose he was
greeted with prolonged applause. He
delIve red an address that was humor-
Gus and was serious. 1t was interrupt
ed Iii its delivery at frequent intervals
by applause, laughter and cheers, and
great enthusiasm was manifest at its
close. Judge Caldwell said:
Judge CaldwelI's Address.
l.
/ presume there is an Interrogation mark at
the end of that toast take il to be an in
quiry as to what the court of appeals is, and
what reason can be given for its existence.
rather than a compliment to tried and
approved institution. In this presence,
we can afford to be candid and even
confidential All here are lawyers
excepting the judges. and they probably
have as knowledge of the LAWYERS obligation
to keep a secret l will therefore say TO you
III the strletest confidence that it is extremely
doubtful whether there existed any good
reason for the creation Of the circuit
court Of appeals he principle lea
son assigned for its creation was 10
relieve the docket OF the supreme court of the
United States. More cannot be said on this
occasion than that the withdrawal of the
jurisdiction of the federal courts over a
large class of cases to which it should never
ave been extended would have gone very
far towards remedying that evil. if it had
not proved entirely adequate. Moreover,
1T is reasonably certain that from this circuit
however it may be in others-there will go
to the supreme court as many or more cases,
than went there before the passage of the
court of appeals act. The two great federal
corporations in this circuit, the Northern Pa
cific and Union Pacific Railroad companies,
cases involving S1.GOJ or more-and there are
many sueh-frOm the court of appeals 10 the
supreme court of the United States, and they
invariably exercise that privilege i'll cases
dian territory may also appeal from
the circuit court to the supreme
court in all cases involving a
thousand dollars, and tG these cases must be
added the appellate jurisdiction in criminal
cases. Adding these cases TO the others
which are appealable to that court, under the
court of appeals act. it will lie found, that
while the character of the business in that
court. going up from this circuit may be
changed its volume will not be
diminished. Besides, it must be re-
membered that when the creation
of new appellate court is absolutely neces-
sary. it is necessity to be Gepiored. 1t be-
comes an additional source of confusion.
contradiction and doubt in the law. And
if 1t Is an intermediate court Of
appeais-a kind of halfway house
where the weary suitor simply stops
to refresh himself on mis- way to the court
appeals is. in this circuit in large class of
cases-it only serves to protract litigation,
multiply costs, imp overizh clients and
Enrich the Lawyers
The last result named would probably not
be regarded with very great disfayor by the
few lawyers who are not yet millionaires. A
great lawyer, who is a high authority on all
matters relating to fees says the practice is
first 10 charge retainer, and then to charge
a reminder in the circuit court, next a
re fresherin in the court OF appeals, and then
fnsher in the supreme court. Under this
what the residuary legatee, Teddy o 'Brien.
got under the will of Pat O'Connor. Pat
wiIled one-half of his property to his wife
and the other half to his sol Dennis. and the
remainder to Teddy O'Brien.
Congress brought into being, not one. but
nine circuit courts of appeal at single
birth. and there are hints that there are two
or three more to come. There was some
confusion ana uncertainty, and occasionally
some contradictions in the federal decisions
when there was but single appellate court
- that supreme court and, in a legal sense,
infalIible tribunal. the supreme court of the
United States. II is no disparagement of that
great court to say that it has some times
changed its opinion, and that some times it
is so evenly divided that it has no opinion
at all No complaint is made against
il for sometimes changing its
opinions. There is no reason
why any court should 20 on forever deciding
nonsense because it had been led into decid-
ing nonsense once Consistency is the vice
of small minds. and there are no small minds
| on that bench A seryile respect for an er-
roneous precedent is to be condemned in
any court. But what shall we now have in
| the way of confusion and contradiction with
nine supreme courts in the same jurisdie-
ton?
What would be the state OF the law in Min
neSOta, If you had nine supreme courts each
| one acting independently, and the decisions
| Of one not binding Oh another, and with no
COMMON arbiter? You would soon be ready
| to eXclaim with one voice:
Confusion now hath made his master
| piece"
Well. this is the exact predicament this
! country is in with its nine circuit courts of
| appeal.
| But it is too late to argue the question of
| the necessity for the existence OF these
courts. We have the authority of a dis
| tinguished Irish statesman for saying, that
! the only wsy TO prevent thing that is past
| is to put stop 20 IL before ii happens.
The constitution of the circuit court of ap-
| peals has no parallel. Three judges consti-
! tute the full bench. and, two quorum.
| There are fifteen judges in this circuit, two
| circuit ami thirteen district judges, any two
| of whom may hold this court. but not ono of
! them is appointed or commissioned as judge
| Of the court of appeals. The judges holding
| the court may change every day, and
must change when a cause is 10 be heard
which one of the judges tried below.
Judgment rendered in the circnit court by
the justice OF the supreme court and the cir
| cult judge end concGrred in by BOTH may
be reversed in the court of appeals by Two
n ifrdO IL baff ff-o Srcrilf