Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-01-17
Independent Court Of Appeals Needed.

The New Mexico Bar Association has
addressed "a memorial ITO congress and
had it printed In pamphlet form for dis
ing the creation of a court of appeals
for territories, separately on In commune
tion, to be composed of judges who shall
have nothing ito do with THE trial of
causes. The bar association sets forth
very excellent REASONS why vt is not
BEST for the supreme court composed OF
trial Judges to be under the necessity
Of passing upon appeals from Ithe lower
courts, of which the Justices Ian'e them
selves the presiding Judges. A dlsclaim-
err is Made thab THE objections to the
present method arise from the practices
of the present Judiciary. nor is REFER
ence made Ito amy particular justices
who have served in THE past. BUT there
have been Instances where a Judge who
acted in THE trial of a cause has become
an advocate privately with his Assoc
ciajtes upon the bench, and sought to
influence them to view his rulings as
VA ~ i JtLpllN 'Nio ~ -
case in the lower court is, of course, NOT
permitted Ito act upon am appeal, but
influence upon his associates may be
exerted almost unconscIously ait times,
or a Justice may become almost a par
tisan i'm a case where HE is strongly i'm
pressed with the Justice of his decision
or rulings and with THE public necessity
Of a confirmation. The Justices ARE mu-
tually dependent upon one another In
many respects, and vt may often be a
difficult matter to come Ito a deteumina-
tom to reverse ain associate who to-
morrow may be tempted under pique
not to give impartial consideration Ito a
case in which another Wishes ito be sus-
tanned. Judges are butt MEN, and In
some cases MOT superior Ito being influ-
enced in such matters without inlten-
tionaqly swerving from the path of JUS
tlce. And THE public naturally some
times concludes THAT the bench corsti-
tutes somewhat Of a mutual admiration
society, THE members of which tickle
ONE another for like treatment. Such
can rarely be the case, but litigants and
attorneys alike would prefer to have
appeals considered by Justices who have
mo official association with THE Judge
from whose court appeals are taken.
The bar association suggests also that
the almost continuous labor OF the
judges In their districts and the several
months they must spend I'm holding the
| supreme court sessions occupy their
| time too completely amid involve too Sc
| we're a strain upon them.
Two methods are suggested in this
memorial for providing a court Of APP
| peals. One is 1.-THE appointment of thfree
| judges, one from each ct THE territories
I of Arizona, Oklahoma amid New Mexi-
| co, who shall Jointly constitute such
| court and hold am annual session in each
| territory. The other plan liz Ito extend
the Jurisdiction of Ntlle present court OF
| private land claims so that the five
| Judges may constitute a count of APP
| peals for the territories. 1t Us believed
| THAT the labor of this court with regard
to land grants win soo have decreased
sufficiently TO warrant the court In
serving in the capacity proposed, and
mo expense will be incurred under such
| plan other THAN the travelling expenses
| Of the members of THE court.
The association expresses MO choice
between these two plans, but very
| earnestly urges THAT some action be ta-
ken Ito bring about a change In the sys-
tenn with regard to THE court of appeals.
The amount of litigatHon is now suf1-
CLIENT to make "a large number of APP
peals anevitable. and the present sys-
tenn w no longer satisfactory, II, in fact,
1t ever WAS, since THE arrangement waA
instituted ais an economical makesh1ft.