Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-07-27
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Ia conclusion ar. ofBrisn urged The
importance Of action on Avs OF hmita-
ton Ia mortgages. liens aad other
clouds upoa title 10 real estate. The
legislature should pass lss by winch
courts may summary dlsOsl these
clouds after the expiration OF certain
period or nuie.
Alfred RasssIrs Suggestions.
After Mr.. % Brien mad finished his
address he read letter from Alfred
Russell OF Detroit touching upon the
question to be brought before the asso-
cation, suggestions for the relief Of
tue supreme court TIE letter was As
follows:
AT the last moment business has
arisen preventing NV attendance At
the Bar association 10 my great regret.
II present l should ampllfy the follow
ing four points, two lor the legislature
and two for the court itself
l. Fix limit of $500 10 the right OF
review in the supreme court, except
where special leave Is granted. TINS
would reduce the business one-thlrd
nearly ali the states have limit. In
Louisiana il is 50 900.
2. Repeal court amendment, section
10, article vi. requiring = written de-
cislon and its report In every case. or
our eighty-elgnt volumes, forty -four
are in the last twelve years.
3. Restrict the original writ of man.
damus now employed, even in crim-
inal and equity cases TO its common
law use, /. C., when no other remedy
known 10 the law exists
3. Adopt the Wisconsin practice;
abolish bills of exceptions; certify up
the stenographers notes in full not TO
be printed; require the party removing
the cause to prepare case To which
the opposite party may prepare amend
ments; the case and the amendments
to be printed-not only would the su-
preme court he enabled TO handle its
business, but the importance and char
acter OF the circuit courts would be in
creased and they would not be as now,
often mere channels through which TO
get to the supreme court.
Justice McGrath's Opinion.
A letter also from Justice McGrath
OF the supreme court, who could not
be present, was read by Mr.. OBrien on
the same subject. The letter is as fol-
lows:
at the last January term we had
fifty-four applications for mandamus.
Forty-two orders to show cause were
issued and that number of arguments
were heard, and we had three applica.
tons for habeas corpus. Al the April
term the number of these matters was
larger, but at the June term it was less.
At least one half of our time out of
court while at Lansing is given TO the
consideration of these matters, many of
which involve important interests. The
result 10 that when We reach the hear
ing of the calendar cases We are not IS
familiar with the records as we should
be. hence can look wise, but are un-
able to suggest the line of argument,
as We otherwise might. Hence, IN the
less important cases much more time is
taken up than ought to be, or than
would be II We could direct the argu-
ment, and IN the more important cases
much time IS taken up in getting Q
skeleton of the case before US and We
are unable TO suggest points to which
counsel would devote themselves more
at length if they could hear from the
court. l know that arguments would
be more beneficial to US, and be-
Iieve they would be more satisfactory
to the bar if in advance We had bet
ter understanding of the facts in the
case presented and of the questions
raised by the record. So long az all the
members of the bench sit continuously
this same difficulty will present itself.
l Am not In favor of compelling the
submisslon of cases upon brief.
Oral Arguments.
coral arguments, il they can be
directed to the doubtful points and to
our own authorities, are a very great
aid to the court. My own view Is that
the number of justices should be in
creased TO nine and that five should
constitute a quorum. Four members
of the bench would then be preparing
for hearings as we'll as writing up while
the other fine would be upon the
bench, anu the court would ait until
the docket Was disposed of. The ap-
plicatlon for mandamus would be ex-
ahmed by those not sitting for that
week. Under this system / have no
doubt but that in the same time we
could accomplish much more work,
and what is moro important, much
better work. Our state 10 growing in
mercial and industrial interests. A
large amount of business has been un.
loaded from the federal court into
this court. The Forty-ninth Michigan
closes mp the year 1882, the eighty
ninth brings up TO June 20, 1892. We
have heard SO calendar cases since
January 5, 1892, In addition 70 100
other matters, some OF which have
been OF great public concern and i'm
portance. We ought not to try to do
more because it - OF the utmost I'M
portance that the work done by the
court be we'll done. To the members
of the bar l would suggest that you
shorten your bills of exceptions, give
US IN your bret 3 succinct statement
of the case, index your records fully,
marshal your exhibits, and refrain
from reading briefs.
Can't Direct the Argument
"However, ara satisfied that much
less time would be spent in reading
briefs If the court was in situation to
direct the line OF Argument. 1t is a
| source Of qualification to me. as / know
1t 10 to my associatesSthat the sssocis-
ton appreciates the SITUATION of the
court and that 80 many members OF
the bar are engaged in devlslug ways
and means TO relieve the court aud pro.
mote the interests Of the public"
The presidents address and the let
ters from Justice McGrath and Mr.
Russell were followed BY promiscuous
| discussion by the following members;
l.. NJ. Heating. Nuskegon; Judge Ca.
bill, Lansing; ex-Justlee Champiin,
city; John G. Patterson, Marshall, and
Justices Grant and Montgomery of the
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