The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-03-03
SUPREME COURT CONGESTION.

NO
that has seriously obstructed the administration OF
Justice in this State 1t has had the aid OF competent
and industrious commission, latterly OF five mem
bers and yet the congestion is unrelieved although
to some extent reduced When seven Justices, with
five assistants, unable to cope with the appeals
taken in a State with million and halt OF nhaD-
tants there must be something wrong with the sys-
tenn. Upon this point all lawyers and citizens gen
orally will agree There is complaint OF the court
itself 1t is always in session. and the work done by
its members is heavy and thorough Each case de-
mands and receives full consideration and cannot be
sighted because of the accumulation OF records and
the consequent delay. There be no adequate re-
lief without the establishment OF additional court
or additional courts and this necessarily involves
amendments to the constitution that must satisfy the
public or they will be beaten
There are rooted evils in the entire judicial system
OF the State as administered which affect the business
OF the Supreme Court and require drastic treatment
The real points any ordinary appeal were for
merly presented with precision and terseness IN a
few pages of print. Now with exceptions, they
have to be dug by the Judges from literal trans
crpts OF reporters notes, sweled to absurd proper
tons through professional Incidence or 1ncon1-
potency at the expense OF ltigants 1t often happens
that the transcrptions of shorthand notes, without
discrimination and the printing bills the largest
work is improperly transferred from the offices of the
lawyers to the chambers of the Judges. But this
class OF nererences with justice requires separate
treatment. The Immediate remedy, mperatyely de-
manded by t. :. exigences of the situation, is clean
division of labor, that the Supreme Court may not
be buried under the conglomerated mass of urisdc-
ton by which it is oppressed
One of the plans submitted to the Legislature pro-
poses the reduction of the number Of Supreme Court
Justices to five and the establishment OF three inter
mediate courts of appeal, each with three Judges
and with authority in the Legislature to provide for
additional courts of appeal the business of the
State may warrant In many the decisions of
these appellate tribunals would be final but the direct
appeals to the Supreme Court and the instances in
which cases would find their way there from the in
termediae courts of appeal would still be numer-
Gus that it is doubtful whether the system would be
ar Improvement The main difficulty with this plan,
however is its cost liable to be frequently increased
through the exercise OF legislative discretion, which
almost certainly would insure its defeat at the polls
A more practical and economical scheme, the sim
plcity and apparent effectiveness of which will prob
ably receive the appreciation OF the bar and the
bench and also attract the favorable consideration of
the people is the organization OF a of ap
peals to consist of three Justices, to which large
part of the appellate jurisdiction is to be finally and
exclusively transferred. 1t is designed that this
tribunal shall have sole charge OF such appeals as
may be taken in criminal cases. on questions of law
alone IN actions not based upon though some OF them
may originate in contracts and, as the lawyers say
sounding in tort, which would include claims for
liqudated damages in divorce and alimony suits, and
in special cases., such as forcibe entry detainer
insolvency proceedings where not superseded by the
national bankruptcy law suits to prevent to abate
nuisances contested election cases and cases OF quo
This transfer of jurisdiction would not throw upon
the new court of appeals an undue proportion Of la
Dor and of responsibility, and with ineligible
line Of demarcation, would still leave the Supreme
Court the possession of appellate jurisdiction
all cases based upon contract, all involving
the titles possession of real property, and except
to the single instance OF divorce, all cases
sounding in equity. Each court would possess aux
iary and Incidental powers essential to the full exer
else of its Jurisdiction and, the point of ursdc
ton alone, the court OF appeals would be under the
control of the Supreme Court and thus conflict and
confusion would be prevented In this connection
moreover, uniformity of decisions would be secured
by provision that the rulings of the Supreme Court
heretofore and hereafter all questions of practice
and procedure, wherever applicable, shall be binding
authority in the tribunal.
The effect OF these suggested amendments to the
constitution would be great reduction Of the volume
Of business in the Supreme Court which would still
retain the most important litigation, affecting com
nercal and financial interests, and if the present
commission should be continued for four years it
is confidently anticipated, would be abreast OF its
calendar. The court of appeals unncumbered when
it started and with its abors held within reasonable
limits, would be enabled to insure prompt decisions
OF the appeals committed to its charge.
1t has been suggested that the constitution itself
should OrOVfde Of
and that when limited number of cases are sub
tted further business should be deferred until they
are decided. There several valid objections to
this detailed specification of methods however meri-
torous in itself. 1t is clearly introduction of
special legislation into instrument that ought to
consist only of broad outlines 1t is also an unwar-
ranted interference with discretion that should be
vested in the Judges and in the Legislature
They are trusted with specific duties, and is for