The times., 1899-11-19

OOASISSS " III DC dShGu at It's COMING SIS
sion to undertake the important task of
reorganizing the courts OF the United
States. Senator Hoar, at the last session,
secured the adoption of rider to the sun
dry Civil bill, instructing the commission
already engaged in codifying the criminal
laws to also revise and eodify the laws
relating to the jurisdiction and practice of
the Federal courts. Since March the com
mission has been engaged in this work
which is about completed, and a report
will be submitted to the Attorney General
at an early day, and by him transmitted
to Congress.
Senator Hoars purpose was to abolish
the original jurisdiction now exercised by
the circuit courts and to deyoIve this ju-
risdiction wholly on the district courts.
This object has been respected by the COM
missioners in drafting the revision. The
other changes that will be reported are,
in brief, the relief OF circuit judges from
duties at nisi prius, and, correlatively the
abolition of the present system, by which
district judges are qualified to sit as mem
bers of the intermediate court of review.
1t is also proposed to amend the name of
the latter court, which is now the circuit
court of appeals, by calling it the circuit
court simply, so that, as revised, the Ju-
dietary system of the United States would
consist of district courts exercising origi-
nal jurisdiction, circuit courts with inter-
mediate and in certain cases final juris-
diction, and the supreme court, as at pres
ent constituted. Referring to this reyis-
ion Alexander c. Botkin, chairman OF the
commission, gave some interesting Facts
relating to the work and needs OF the FED
eral judiciary. He said:
THE circuit court of appeals was or
ganized in 1891. the main purpose being
10 relieve the congestion OF business in the
supreme court. 1t is remarkable that in
the debates on this important measure
little or no reference was made to the di-
visions of the country into judicial circuits
and districts and the distribution of judi
cial business. In connection with their
work the code commissioners have been
engaged in collating statistics on these
points which present a condition OF
things that cannot fail to be instructive
to Congress The inequalities are gross
beyond belief For example. as compared
with the first circuit the eighth has twen
ty times the area, more than three times
the population, four times the number OF
judicial districts and nearly five times
the number of cases docketed on appeal.
In this statement the figures do not IN
clude FIVE territories which are attached
to the eighth circuit under the provisions
of the act of 1891
1T is proposed, in our revision, to obvi-
ate in a measure the disproportion thus
presented by providing for the assignment
of circuit judges TO circuits other than
their own This enables them to be re-
uuired TO perform duties where they are
most needed and to relieve those circuits
that are overtaxed. It is believed also
that it will subserve another useful object
the interchange of judges must ineyita-
bly, tend to create uniformity OF Jurls-
prudence and save the Intermediate courts
of review from the danger OF becoming
local instead of national in their decisions.
THE figures showing the number Of
suits begun and ended in the circuit and
district courts exhibit some notable condi-
tions In the third circuit, for example,
there we're forty three suits begun in Della
ware and 763 in the eastern district OF
PENNSYLVANIA But this is by no II cans the
most striking contrast. The number OF
cases begun in Wyoming in the last nscaI
year was twenty and in the southern dis
trict of New York 2,519. AS in the case of
circuits. there are grave practical difficult
ties in the way of a reformation of these
Inequalities. Here, again, IL is proposed 10
mitigate the evil by the mobilization OF the
judicial forces That is 10 say liberal pro-
visions have been embodied in the reyis-
ion by which district judges can be re-
ouired TO sit in other districts of their own
circuits, or on sufficient occasion IN other
circuits.
Notwithstanding. this arrangement, it
will devolve on Congress to consider the
question whether the present number Of
district judges is adequate TO the perform
ance of the duties that will be imposed on
these courts il the consolidation Of original
Jurisdiction should be effected. In answer
ing this question proceedings in bank
ruptcy become an important factor. They
constitute on an average considerably more
than one-half of the aggregate number or
actions begun in the last fiscal year in both
the circuit and district courts At the same
time the fact is to be considered that for
the most part the onerous work in con-
nection with such proceedings is performed
bv the referees, and the duties of the dis
trfct Judge are little more than ministerial.
Again il is true that they will be
diminishing quantity. Several years of
business depression filed the country with
insolvent debtors, and they are fastening to
relieve themselves of their burdens. This
having been accomplished the business of
the district courts as courts of bankruptcy
will certainly decrease.
'Stfu. under normal conditions. there are
districts. such as Massachusetts, the south
ern district of New York, the northern dis
trict of Illinois and the eastern district of
Pennsylvania in which there is danger
that the nisi prius court would be unequal
to the prompt despatch of business and
II is presumable that additional judges will
be provided for.
Regarding the fundamental change that
will be embraced in the revision submitted
nv the commission, namely, the consolida-
tion of original jurisdiction in the District
courts. il has been considered with favor
nv many members of the bench and bar for
wears past, and in 1891 a bill to effect this
purpose passed the lower house of Con-
gress Aside from other considerations.
that of economy should not be overlooked
AT hasty estimate it may be stated
that the saving to the Government would
be approximately $1,0O0,0O0 year.
perhaps the most useful service that
Congress could perform while it is en-
ga ped in this work would be 10 reorganiZe
iIiliciaI circuits. The first circuit is mani
testify too small from every point of view,
and there is no reason in geography or 9TH
erwise why Connecticut and Vermont
should not be added so that il should en-
brace all the New England States. 1t so
bappens that this could be done with due
regard 10 the residence of the present cir
cuit Judges This would leave the State
OF New York as one circuit and tend greatly
IN eoualize judicial business between the
First and Second circuits. Further than
this any reorganization is attended with
practical difficulties that may defeat any ac-
tion on the part of Congress The eighth
and ninth circuits are excessive in area
The eighth includes the States of Ar
kansas, Iowa, Kansas Minnesota, Missouri.
Nebraska. North Dakota, South Dakota.