Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-03-22
Not Unit as to Wisdom Of Pass
ing Appellate Court Bill.
OPINIONS OF O1IUMWA LAWYERS
All Think Some Relief. Should be AT.
forded the Supreme Court to
Relieve the Pressure
Upon Ii.

OoeeAAA''o ioWJ 40 arc AOU a uliAU AZ
regard to the wisdom of passing the
appellate court bill, which provides
for the maintenance Of another high
court. Every lawyer interviewed il
regard to the matter said that I'm
doubtedly some relief should be at
forded the supreme court in order that
business might be more readily dis
patched, but all do not agree that an
appellate court is the proper solution
of the problem. 1t is well known that
the Iowa supreme court is greatly be-
hind in its business; that it is impos-
sible to get a case heard within from
ten months to eighteen months from
the time it is fled. The legislature
taking cognizance of that fact for1nu-
lated the bill providing for the estal'-
lishment of an appellate court. Ottum-
wa lawyers are as we'll qualified as any
bar in the state to express sound opin-
ions on the subject, and the following
interviews gives the views of some Of
them on the merits or dement's Of the
bill:
Capt. w. HI. g. Jaques.
The Temple appellate court bill for
the state of Iowa is move in the right
direction. Tt has long been apparent
that the supreme court of the state
could not dispose of the. business that
necessarily comes before it with that
degree of speed that is desirable, and
the necessity for such a court was new
er more felt than at the present time.
The order issued by the supreme
court of this state to the clerk for
making up the docket for the May
term directs the clerk only to put on
that docket, aside from criminal cases,
re-hearing cases, and certiorari pro-
ceedings, cases that were fled prior to
june /, 1S99-that is, no case that was
not filed ten months ago can go on the
docket for a hearing at the coming
May term, and the decision OF such
case, of course, will be postponed until
the October term, so that at the pres
ent time it takes year and half ut
least to get an ordinary case tri III
and determined in the supreme court
after an appeal is taken. This deprives
souri,, Illinois and Indiana and other
states, courts of appeal Of similar
character have been established with
great benefit to the supreme court and
to litigants. With the salary that is
fixed and the term Of Office, there is no
reason why the appellate court that is
proposed TO be created in Iowa by the
bill should not be composed of as equally
good lawyers as those. that now grace
the supreme bench, and as result
the opinions of that court will have
substantially the same force and be
entitled to the same respect as the
opinions of the. supreme court,
w. A. Work.
81 think that it is the only way in
which the congested state OF the SUI
preme court docket can be relieved.
To add more Judges to the supreme
court seems not to facilitate the dis
position OF the business. The last leg
islature addedfa judge to the supreme
bench, making six in all. Tt was then
thought that adding to the number
might relieve. the docket, but it seems
not to- have had that effect, and we
scarcely see how it could if all the
judges are to. take part in the consult
alton in every case. 1t would rather
have a tendency TO prolong the investi-
cation and the discussion. To divide
the court would not be satisfactory
method and it would likely not he
CONSTITUTIONAL; at least it would not
be satisfactory to the profession to
have decisions rendered by but a part
of that body. The business of the SUI
preme court is not likely to decrease;
the chances are that with the increase
Of population and business it will
steadily increase. The proposed meth
cd of having an appellate court with
limited jurisdiction and applying only
to civil rights, it seems to me will be
constitutional and it will be satisfac-
tory to the profession and the business
men of the country in that it will
greatly facilitate final determination
of litigation, a thing always desirable
to the business world. The bill pro-
poses to reduce the membership OF the
supreme court to five judges. The APP
pellate court will consist OF three
judges, SO in fact there will be an in
crease of but two judges over the
present bench, and in my judgment
it will dispose OF double the BUSH
ness"
C. G. 1IcInttfe.
t',The objection TO the establishment