El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-08-05

hoped to complete the entire title IN
time to submit it to the attorney-gene-
raj before the assembling OF congress.
1t was further stated that the work
already done does not represent the
final Judgment of the commissioners,
and that they will extend a cordial
hospitality to suggestions until the
com pletion of their labors. The fun
damental change which is embraced In
their preliminary draft proposes the
transfer TO the district courts of the
original jurisdiction now exercised by
The circuit courts. "The conviction
has been growing for q number of
years past, ;" said Mr.. Botkin, "that
the present duality of courts OF first
instance is without support in theory
and cumbersome in practice.
CIRCUIT COURT QUESTION.
.This question was made the subject
| of an exhaustive debate at the meeting
of the American Bar Association at
Saratoga Springs in August of last
wear, and Of the whole number OF emf
nent lawyers who participated in the
discussion, not one was heard to defend
the present system. The deliberations
of the association resulted in the pre-
paration of bill which was intro
duced by Senator Hoar few days be-
fore the final adjournment of the fifty
tion and the matter was RELOCATED to
| the commission which had been Or
ganized under previous act for an
other purpose, namely, the revision OF
the criminal and penal laws OF the
United States.
"In the debate mentioned, the ques-
ton which seemed to give the associa :
| ton the most concern was what should
be done with the circuit courts.
The act of 1891 constituting the
prived them = of all appellate
Jurisdiction, and, If they are now re-
lieved of their original jurisdiction,
they would be practically extinguish-
ed. That is to say, there are twenty
five gentlemen holding commissions as
| Judges of the United States circuit
court; yet that court would be without
power to try a case, or to review one
tried by another court, or to exercise
any authority whatsoever.
'The commissioners propose, as an
| answer to this question, that the circuit
courts be made the intermediate courts
of review. In other words, 1t is pro-
posed to give them the appellate juris-
courts of appeals. There Is no obvious
reason why the words 'of appeal"
should be attached to the title of the
intermediate courts, when the tag is no
longer necessary to distinguish them
from the circuit courts: and it's elimf-
alton would obviate the incongruity
OF having circuit courts without juris-
diction. The alternative expedient,
that of abolishing the circuit courts
absolutely, 80 as to terminate the ten
ure of j Judges, Ia not to be seriously
considered.
FOR ADDITIONAL JUDGES.
"There are now three circuit judges
in each of the circuits, except the first
and the fourth. The plan of the COM
missioners cOntemplstes that an ad-
ditionsl judge shall be appointed for
each of these two circuits. It is then
proposed that the circuit court, with
the appellate Jurisdiction now vested in
the circuit court Of appeals, shall con-
sist of the three circuit judges, or two
circuit judges and the justice of the SUI
preme court assigned to the circuit.
Two of these constitute a quorum; but,
as it is deemed desirable that there
shall always be three judges in attend
ance, provision is made for the assign
ment of judges from other circuits.
st Is the opinion of the commits
outside judges will serve another use
full purpose in promoting a uniformity
of jurisprudence. For example the
United States courts at New York on
the Atlantic, Chicago on the great
lakes, and San Francisco on the PACT
fc have a large number of admiralty
cases. An occasional interchange of
judges between those circuits could
scarcely fail to secure uniform deci-
Ions. This Ia the more important as
the decisions of the circuit courts of ap
peals-ss they are now called-in ad
cases are final, except as they
may be certified or ordered to be sent
to the supreme court, as Of discretion
and not of right.
1.-THE bill Of the American Bar as
ISOLATION provides that district judges
may be assigned to the circuit court of
appeals, as it retains that name. 1t
was the view of the commissioners that
this would impair the absolute indie
pendence of the trial court and the |
court of review, which is believed to be
an end desirable of attainment. With |
the same purpose, circuit judges are |