The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-04
Strong Adverse Report Against
New Circuit.
BUSINESS NOT HELD Up
PRESENT COURTS HANDLE ALL
WORK.
Ex-senator Arthur Brown, With
Judges Thomas Marshall and W.
n. Dickson Forward to Washing
ton an Able Argument Against
the Creation Of a New q. S. Court.

Chief Justice George W. Barteh, who
left salt Lake some time since to visit
his brother in Pennsylvania, did not
have easy shedding when he got TO
Washington to have the new district
formed for the circuit court of appeals
in order that he might be one Of the
judges
He was met on the threshold of his
campaign in Washington by q report of
a committee Of the salt Lake bar that
would be Z stumbling block in the way
Of a much greater man.
This report was prepared by ex-Sena-
tor Arthur Brown, Judge Thomas Mar
shall and Judge William ID. Dickson.
Ii included a full report of the bar
meeting 10 this city at which the new
circuit proposition was voted down, sc
TO Z. with the names of the voters. 1t.
gave the names of the twenty-one law
yers VINO removed their names from a
petition for The new circuit when they
understood the scheme fully. It gave
IN full the comprehensive report Of
Hon. Charles s. NaTian to that meet
ing, with all its valuable statistics 90
the court business Of the five states in
vOlved-CoIOradO, Utah, Wyoming,
Idaho and Montana synopsis Of
which was printed IN The Herald at
the time. 1t included the findings of
Messrs. Brown, Marshall and Dickson,
with the following summing up:
Reductio ad Absurdum.
''The Jurisdiction now given to these
courts was one formerly vested in The
supreme court of the United States.
Circuit courts of appeal have been in
-
may be said that they are still an ex-
pertinent. We think these courts should
be Of the very ablest and best lawyers
and judges of the land. To take the
place of the supreme. court itself the
circuit courts Of appeal should be COM
posed Of equally able men, and moth
ing should be done to deteriorate the
power and strength Of those courts.
Should the number of courts be in
creased the selection of judges neces-
SaTily must be from a smaller number
OF able lawyers. II the state cOmpOs-
ing the proposed Tenth circuit should
be thought entitled TO an extra circuit
then probably each of the other states
of the Union would have a circuit court
of appeals of its own, as the business
in almost every one Of the Olde and
larger states would be more than that
of thus expanding the experiment into
so many courts would be that the
country would have a vast number ef
weak circuit courts Of appeal TO take
the place Of one strong supreme court.
New Courts Not Needed.
Instead of creating more courts, we
suggest that more judges should be
added to the courts we have. Undoubt-
edly the present judges of the present
circuit courts of appeal are very able
men, but if two more judges should be
added to the bench the court would Be
and stil more able. We do
not Criticise the present judges, but five
able Judges would make a better and
stronger court than three. In the two
western circuits, the Eighth and Ninth,
the business is not delayed, but all the
cases are diST )sed of each term, and
so Ear as we are advised this Is true all
over the country.
There is no demand, then. for more
co'rts, but for stronger ones. The Iiti-
cation in this region consists of few
cases, but they are cases Of large mo-
ment, often involving vast sums Of
money Litigants thus involved need
some tribunal i'm whose final deteTmin-
alton and judgment they VIII have en-
tire satisfaction. The expense of send
nE counsel TO the place where the cir
cult court Of appeals is held is trivial
Inc all important factor is an able
court to render final judgment.
ARTHUR BROWN,
THOMAS MARSHALL,
w H DICKSON.
Dated salt Lake City, Jan. %, 1900"
Copies Of this report were sent 10
Senator HOar and Representative Ray
Of the judiciary committees of the sen
ate and house. and to Senator Rawlius.
and was submitted TO both houses while I
Judge BartCh was in Washington. The
Judge is expected home from his mis-
SION in few days, the dispatches say
ing that he viii leave Washington To-
day.
Attend KOlitz' Monday special sale.