Arizona republican., 1899-08-08
Radical Changes in the System
Are Contemplated.
WORK OF TIE COMMISSION
Original Jurisdiction Held by the
Circuit Courts Nay Be Trans
ferred TO District CourfS-r1uch
Confusion Is Expected TO Be
Done Away with by the Re-
vision.

Washington, Aug. The fact
seems to have attracted little attention
that for the past five months a COM
mission has been engaged, under the
authority of an act of CO ngress, in pro-
jec-ing the most radical reorganization
of the United States courts that has
been attempted since their establish
ment in 1898. The duty devolved upon
the commission contemplates the re-
vision of she entire Judiciary title of
the revised statutes, with the amend
ments; but at the present time the
work has only progressed SO far as to
cover the chapters concerning the or
ganzation and jurisdiction of the
courts.
correspondent called today at
the Office dG the commissioners. in the
Kellogg building, on F street, and
found them about to leave the city for
their summer vacation of four weeks.
This will be devoted 20 the prepara-
ton of a report, to accompany the re-
vision, which will ibe a work of con-
siderable magnitude, on account of the
number and Importance of the changes
that are proposed.
Mr.. Botkin, chairman of the COM
mission, stated that upon sheir return,
on September 1, they would proceed
with the codifcation of the remaining
chapters, and hoped to complete the
entire title in time 30 submit it to the
attorney-general 6e-ore the assem-
bling of congress.
1t was further stated that the work
already done does not represent the
final Judgment of she commissioners,
and that they will extend a cordial
hospitality to suggestions until the
completion of their labors. The fun
damental change which is embraced in
their preliminary draft proposes the
30 the district courts of the
original jurisdiction now exercised
by the circuit courts
''The conviction has been growing
for number of years past said Mr..
Botkin, that the present duality OF
courts of first instance is without sup
poI's in theory and cumbersome in
practice.
"Thfs question was made the subject
Of an exhaustive debate at the meet
ing of the American Bar association
at Saratoga Springs last August, and
Of the whole number of eminent law
y7ers who participated in the discus
sion. not one was heard to defend the
present system. The deliberations of
the association resulted in the prepa-
ration of a bill, which was introduced
by Senator Hoar few days Before the
final adjournment of the Fifty-fifsh
congress. 1t was too late for action,
and the matter was relegated to the
commission which had been organized
lnder previous act for another pur-
pose, namely, the revision of the GRIM
nal and penal laws of the United
States
'fIn the debate mentioned, the ques-
ion which seemed to give the asso-
,iation the most concern was what
should be done with the circuit courts.
rhe aot of 1891, constituting the circuit
.ourts of appeals, deprived them of all
jurisdiction, and, If they are
low relieved of their original juris-
liction, they would be practically ex-
inguished.
That is to say, there are twenty-five
gentlemen holGtng commissions as
judges of the United States circuit
ourt, yet that court wculd be without
'ower to try a case, or to review one
RED by another court, or to exercise
ny authority whatsoever
The commissioners propose, as an
nswer to this question, that the cir
uit courts be made the intermediate
ourts of review. In other words, it is
roposed to give them the appellate
now exercised by the cir
uit courts of appeals. There is no
bVious reason why the words of ap-
eals' should be attached to the title
f the intermediate courts, when the
ag is no longer necessary to dis
nguish them from the circuit courts,
nd its elimination would obviate the
lcongruity of having circuit courts
-thout jurisdiction. The alternative
xpedient, that of abolishing the cir
lit courts absolutely, so as to termi-
ate the tenure of judges, is not to be
eriously considered.
There are now three circuit judges
each of the circuits. except the first
nd the fourth. The plan of the COM
issioners contemplates that an addi-
onal judge shall be appointed for
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