New-York tribune., 1899-11-18
THE FEDERAL COURTS.
PROPOSED BY COMMITS
SION coDIFYING CRIMINAL LAW.
THE CHAIRMAN SETS FORTH NEED OF CORRECT
ING GROSS INEQUALITIES AND ExPE-
my TELEGRAPH TO THE TRIBUNE.I


Iny TELEGRAPH TO THE TRIBUSE.I
Washington Nov lin addition to the other
a,ios that will confront the LVIth Congress on as
| serhIIng IN December e will be asked TO undertake
the reorganlzaton OF the courts or the oh'eu
States Senator Hoar, at the last session. secuIeu
the adoption OF a rider to the Sundry civil Oih III,
structing the Commission already engaged IN coui-
fying the criminal laws TO also revise ana cooiIy
the laws relating the jurisdiction and pracuce OF
! the Federal courts. Since March the Commission
has been engaged in this work, which Is about COM
pleted and a report will be submitted to the At
torney General at an early day, and by MIN trans
mited TO Congress.
Senator Hoar's purpose was TO abolish the origi-
nal Jurisdiction now exercised by the circuit courts
and TO devoye this Jurisdiction wholly the
district courts This object has been respected by
the Commissioners in drafting the revision. Ihe
other changes that will be reported are. In DIlet
the relief of circuit judges from duties at nisi
prius and correatveiy. the abolition OF the pres
ent system, by which district Judges are qualified
to sit as members OF the intermediate court OF
| review. 1t Is also proposed 10 amend the name OF
the latter court which Is now the circuit court ot
Appeals. by calling it tho Circuit Court simply. so
that. revised the judiciary system OF tho untea
States would consist OF district courts exercising
original Jurisdiction, circuit courts with interme-
diate and in certain cases final jurisdiction. and the
Supreme Court, as at present constituted. Reier-
ring to this revision Alexander c. Botkin char-
man OF the Commission, gave some interesting
facts relating the work and needs OF the federai
judiciary. lie said:
The Circuit Court OF Appeals was organized In
gestiOn OF business In the supreme court. ~ 10 70
| remarkable that in the debates on this important
measure little or no reference was made to the
divisions of the country into judicial & cTcuits anu
! districts and the distribution of judicial business
! In connection with their work the Code Comms-
! sioners have been engaged in colating statistics
| on these points, which present condition OF
| things that cannot fail TO be instructive to Con-
The nequates are gFoss6 6 o9y2nq 2n cTngi
the Eighth has twenty times the area, more nor Imam tnmn
ber Of judicial districts and nearly five times the
number of cases docketed on appeal In thls state
which are attached to the Eighth Circuit under the
| provisions OF the act OF 1871.
| TO ASSIGN JUDGES TO OTHER CIRCUITS.
1t is proposed in our revision. TO obviate In a
measure the disprOportion thus presented ny pro
| cults oihcr than their own. This enables them to
be required to perform duties where they are mos
taxed IL is believed also that IL will subserve an
other useful object-he interchange OF Judges mus
prudence and save the intermediate courts Oh re-
! National in their decisions. . -
| The ngunes showing the number OF suits begun
| bibit some notable conditions In the Third Cir
| cult for example, there were forty three SUITS
| of Pennsvlyania But this is by means the most
| striking contrast The number OF cases begun IN
in IN tbn soufhern District Of Ncw-York 25s As
in the case Of Circuits there are grave ppacefaI g
b. tb ,obiiI2a oI ton Of tho judicial forces
That m tvs is to say liberal provisions have been en-
bodied in the revision by which District JUDGES can can
be required to sit In other districts OF their own
circuits or on sufficient occasion in other circuits
Notwithstanding this arrangement. II VIII de-
the present number of District Judges Is adequate
the performance OF the duties that VIII be I'm I'm
inaI Jurisdiction should be effected. In answering
this question proceedings In bankruptcy become
an important factor. They constitute on an aver
age considerably more than one-half OF the assFe-
gate number OF actions begun in the last hsca
year in both the Circuit and Dstrct courts. a.
The same time the fact is TO be considered that iol
with such proceedings Is performed by the referees
and the duties of the District Judge are Iittie moT'
'il be- @ dminishing quantity Several years OF bust
ness depression flied the country with insolven
selves Of their burdens This having been accom-
plished the business of, Of the DstHGt Courts I"
still. under normal conditions; there are tis as
ricts, such as Massac chueetts the Souihern, D III,
nois and the Eastern District OF Pr sylvia cor
which tn there is danseF m 'p ront ,ne dsnacb Of bust
ness and 1t IS presumable that additional judge
, will be provided for
r TO CONSOLIDATE ORIGINAL JURISDICTION
e Regarding the fundamental change that will b
mission. namely the consolidation Of riginal jurls
dicuon in the District Courts. It has been con
sldered with favor by many members or the bcnc
and bar for years past and I'm 1891 bill to effec
this purpose passed the lower house OF Congress
: Aside from other considerations. that Of econom
\ should not be overlooked. At a hasty estimate
. may he stated that the saving 10 the Governmen
6 would be approximately 100000 n year.
Perhaps the most useful service that Congres
could perform while 1t Ia engaged In this Wor
c would be reorganizc judicial circuits. The Firs
. Circuit is manifestiy too small from every poir
" otherwise why Connecticut and Vermont shoul
! | not he added SO that it should embrace all tn
. ! New England States II so happens that this coul
y | be done with due regard to the residence of III
q present Circuit Judges. This would leave the Stat
e | of New-York as circuit and tend greatly
=. ! equalize judicial business between the First an
! Second Circuits Further than this any reorganza
tion is attended with practical difficulties that ma
k defeat any action on the part or Congress. IN
e Eighth and Ninth Circuits are excessive in
;, Iowa. Kansas Minnesota Missouri. Nebrask
l. and the Indian Territory. the Territory OF New
Mexico and oklahoma The court sits AT 81. Loui
d obliged 10 go to that city TO find an appella
e court. The Ninth Circuit includes California. NJ
l. Alaska and the Territory Of Arizona.
A. If Geven circuits constituted all OF the d
9, sired conditions could be realized but under II
le present law. Justices Of the Supreme Court al
assigned each to circuit. and their number beir
nine only, this seems to fix the limitation a
expedient that has been suggested is to increa.
It is greatly 70 be doubted whether that wou
meet with favorable consideration.
4 LAWYER PLEADS HIS OWN MSTAKl
The suit brought by Thurlow Weed Barn,
- against the American China Development Con
-, pany. in which he seeks to recover sl.0O000O Il
= services to the syndicate In securing certain raj
. road concessions from the Chinese Governmen
. cropped up again I'm the Supreme Court yesterdf
before Justice Scott. Since Mr. Barnes broug
his original action he has instituted second a