Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-28
SPEEDY DECISIONS
Tricks Of the Law Told by Congress.
man Reed.
LAWYERS NOT ADVERSE TO DELAY
The Bill Amending the Court Of
Appeals Act Passed.
TERMS OF THE COURT
TERMS OF THE COURT

The House today passed a bin making
several important amendments to the act
creating the Court Of Appeals Of the Dis
tr1ct OF Columbia The first amendment
authorizes the appointment of a deputy
clerk. at a salary Of 5000 per year, who
shail perform all the functions OF the clerk.
II Is provided that there shall be at least
tnree terms Of the court in each year. II
Is PROVIDED that IL the parties to any cause
snail SO sipulate in writing by their at
torneys. such cause may be heard ana de-
termined by two justices Of the court with
Out calling In any OF the justices of the
supreme Court of the District. All motions
10 dismiss appeals and other motions NAV
oe heard by two justices, provided that
IL In any cause heard before two 1ustices
the court shall be divided in its opinion
tne decree or judgment OF the lower court
shall stand affirmed.
Inc bill authorizes the appointment of n
n,l, e lor the court who shall serve with
The bill was called UP by Mr.. Culberson
OF tne judiciary committee. who asked for
VI anlmous consent for its consideration.
MI. REED OF Maine and Mr.. Hopkins of Ili-
nois suggested that the term of the court
longer in each year
Mr.. Reed asked II the judiciary committee
were unanimous upon the bill. TO which Mr.
Culoerson replied that IL was, and. more
over, II is favored by the members OF the
Bar Association OF the District of Columbia
composed of over 200 members
Speedy Decisions.
We'll" said Mr.. Reed, II have some.
times known the profession to which I
belong to be willing that cases should be
postponed and I think the great struggle
OF legislative bodies ought to be to forcs
the speedy decision of cases"
so do l." said Mr.. Culberson.
"As it stands now." continued Mr. Reed,
''in a case of any Importance every man
settles. simply because some man has him
by the throat and he cannot get an ad-
judication Of his rights within a reason
able time. 1 think there is something alb
surd in the way our courts of justice are
managed in that respect. especially as
TO suits involving great corporations.
Everybody knows today that a first mort
gage on a railroad is simply q means Of
negotiation; IL simply gives you material
to negotiate with the gentleman whose
securities are inferior to your own. and
men give up their rights on first mort
cages and scale down their rights on sec
ond mortgages all because our system OF
law administration is such that indefinite
prolongation and consequent destruction
OF property are the usual concomitants; 10
that whatever is proposed as a compromise
TO a superior security is generally ac-
cepted. i think that IL is a discredit to
our system of justice and Il looks TO me
as IL We had a good system now in this
District and as IL this bill were going
to make IL worse"
Mr.. Culberson said that with a session
three times a year the judges will decide
just as many cases as they would under the
present system.
Mr.. Reed said he thought this would not
be the effect.
Mr., Culberson said the whole object Of
requiring these courts 10 be held in each
month is to facilitate the filing of appeals,
not to dispose Of them in the Court of Ap-
peals; because the judges do now all they
can do anyway, and this will give the .aw-
yers every three months an opportunity 10
prepare their appeals and have them filed
In the court ready to be heard whenever
they can be reached.
"In one case" said Mr. Reed. "the post
ponement is for a month, in the other IL
may be for four months. and in each case
IL is only a postponement When a lawyer
obtains a postponement In one case he
gains four months. while in the other he
gets only a month"
He said that in his district there are
monthly sessions OF court in all but three
months of the year. and the result is q
speedy administration OF justice.
And II is that which / think you are
abandoning In this BILL" concluded Mr..
Reed.
There was no further objection to the b6u
and ii was passed without division.