The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-12-18
The Proposed Court of Appeals.

In your issue of Decem Der 9Th, under
the above heading, you say, 'Referenoe
has recently been made in the daily
papers to the change in the state
Judiciary advocated by some members of
the Bar. In brief it is to establish an
appellate court, in addition to the exist
Ing Supreme court, the new tribunal to
be exclusively court of appeals "
The above statement of tho change now
advocated by many members OF the oar'
is, at least misleading. and deem IL my
duty as a member of committee OF Une
Knox County Bar chosen to consider the
subject, to say that the advocates OF
change in our judicial system are not
unaware of the fact that under our Con-
stitutien such a court as is ABOVE suz-
gested, could not be established. Inc Su-
preme court under our Constitution, IS,
and must be, the court of last resort.
Therefore, if any change in our judicial
system shall be attempted by the legisla-
ture 1T must relate to the make up and
Jurisdiction of the existing supreme
court and the creation and jurisdiction
of some inferior court or courts. Inc OBJ
jeotions raised, If I am correctly Informed,
to the present system, are: First, That
in most of the counties of the state no
court is held for the trial Of causes but
nisi prius terms of the supreme court
held by single justice thereof, from
whose rulings. and directions exceptions
only lie to the Law court constituted of
the same justices who have made such
rulings al the nisi prius terms aforesaid.
Second, That terms of the Law court are
so held that questions of law raised at
the nisi prius terms cannot be even pre-
sented to the court for many months
after the rulings exoeptsd to, have been
made, and when presented and argued
are distributed and parcelled out among
the several judges who draw opinions at
son.e leisure time, perhaps six months
after she cases have been argued and the
arguments probably forgotten by the
mem bers of the court when the opinions
are drawn and examined.
That such n system as above outlined
is not the best that could be devised,
there is little doubt. Litigants would
certainly be better satisfied if the final
of a cause wRs adverse to
them, if such final determination was
made BY court unbiased, unpreju1ic
and uninfluencsd by members of the same
court who have made the rulings COM
planned Of The change is desired, no
because OF any belief or feeling that the
court as constituted is corrupt or dis
honest, but solely upon the ground that
they are human, and that it is one Of the
have whatever we do or say approved and
sustained by others. Therefore. there
cannot but be a suspicion resting in the
public mind that many rulings and de-
cisions which seem inconsistent with
settled principals and former decisions of
the same court in like cases have been
sustained by reason of the relations
The delay above mentioned
is also a serious objection to the present
system of deciding causes. uitigants
desire more speedy determination of
their cases and are restless at the see ming
uuu6CbsSdTy uCldy . Al OAO uiSPSSAuAOh u
their cases and the ccets to which they
are su bjected by wa # tenn fees, ETC.,
by reason Of such delays.
During the coming year the commits
sions Of four of the judges of the Supreme
court will expire, two of whom will
not ask reappointment on &C.
count OF age. This will reduce the num-
Der OF Judges Of the Supreme court to
four, a sufficient number, to say the
least, to constitute Supreme and Law
court. If thought desirable, the number
could be reduced to three at the expira-
ton of the term Of one other. Then
establish Superior court for the trial of
causes. as in Massachusetts,, with all the
jurisdictions and powers now possessed
by judges Of the Supreme court at nisi
pirus, with such numb Der of justices as
might be deemed necessary to do the
work required. By such an arrangement
the number If judges would not neces-
sarily be enlarged or the expense to the
state increased. This, rs am informed,
is an outline of the change proposed, and
1t is thought that If such a change is de-
sira BILE, now is thee time to make it on
account of the provisions of the Constitu-
tion, and the fact of the expiration of the
terms Of certain mem bers of the court to
which I have called attention.
D. N. MORTLAND. |