The Montgomery advertiser., 1902-07-04
U. s. COURT OF APPEALS.
Annual Term May Be Held Her

Annual Term May Be Held Here.
 In the House of Representatives Satur- day, June 8, the bill of MT. Wiley for term of the Court. of Appeals to be held In this city, was called up by MT. Wiley and the Congressional Record reports as follows:
 Mir. Wiley--Mr. Speaker. ask unani- nous consent for the present considera- tion of the bill (H. R. 14S39) providing that the Circuit Court of Appeals of the Fifth Judicial Circuit of the United States shall hold at least one term of said court annually in the city of Montgomery. In the State of Alabama, on the first Mon- day in September in each year.
 The Clerk read the bill at length, to- gether with the amendments thereto.
 The Speaker-The gentleman from Ala bama asks unanimous consent for the present consideration of the bill which the Clerk has read Is there objection?
 MT. Davey Na,)-Mr. Speaker, object.
 Mir. Wiley-I would ask the gentleman in order that may make a statement.
 Mir, Davey QIa.)-I will withhold 1t for that purpose.
 MT. Wiley-Mr Speaker, although the gentleman from Louisiana (Mr: Daveyl informed me in advance that he would feel constrained to object to the present consideration of this meritorious Dill. indulged the hope after the very full ex- planation made to him and which now make to the House, that he would with hold his objection.
 This bill is in the interest of public jus tice and purposes to bring the court or Appeals to the people instead of having litigants and their attorneys so a long distance and at great expense and tncon- venience to New Orleans, in attendance upon the Court of Appeals whenever held there, and there only. The present Flftn of the States of Alabama, Florida, Geor- gia, Louisiana, Mississippi and Texas. The Court of Appeals is held at New Or leans. This measure does not deprive the city of New Orleans of any right, priv ilege, or advantage which that hospitable city possesses.
 It does not purpose to take away from the people of Louisiana any means or facility for the speedy dispatch of any law business in which the people of that city or State are interested in anywise or manner. It simply proposes to have the Court of Appeals hold one term year In the city of Montgomery, the capital of Alabama, in order to hear and determine cases originating within the limits of that State.
 Moreover Mr. Speaker. there was an agreement entered into between the gen. tleman from Georgia CMr. Flemingl, the gentleman from Texas (Mr. Lanham). and myself, as the immediate Represent ative of the Montgomery District. that Q bill providing for the holding of one term of the Cout of Appeals at Atlanta in the month of October in each year, an- other bill providing for the holding of the term of said court at Fort Worth in the month of November in each year. and a third bill providing for the holding of one term of said court in the city of Montgomery in the month of September tn each year, should be reported favor ably from the Judiciary Committee (which had been done), and we were to use our best endeavors to have each and all of said bills pass this House at the present session, and as speedily as pos sible.
 The bills establishing courts at Atlanta and Fort Worth have been permitted, without objection, to pass this House. The Speaker was cognizant of this agreement and kindly consented to recognize each of us in turn, in order for us respectively, at the proper time, to ask unanimous consent for the present consideration of each of these measures. Relying upon that agreement in perfect good faith lnterposed no objection.
 On yesterday, the Nth instant, the Speaker would have recognized me, and in the absence from the Chamber of the gentleman from Louisiana (Mr. Davey) this bill unquestionably would have passed the House and gone to the Sem ate for immediate action; but owing to objections interposed by the gentleman from Tennessee (Mr. Moon) to the pres ent consideration of several measures the regular order was called, I failed to ob- tain recognition, and the matter went over until today.
 have acted in perfect good faith; and the objection now raised by the gentle man from Louisiana puts me to an un- lust disadvantage. I submit l merit bet ter treatment at his hands, and in the light of this candid statement I sincerely hope he will withdraw his objection. par ticularly as we are now closing the hours of the present session, rendering it more than probable that the Senate would not have time to consider this bill If 1t passes the House; and therefore his customary courtesy and kindness to me, under the circumstances, would not likely be of any di1advantage to him, while it would re- iieve me from much embarrassment and take me out of the shadow of false poe sition.
 The Fifth Circuit as at present consti- tuted is an immense territory-a vast do- main-and 1t is not just or fair to liti- gants and their attorneys to compel them su to go to New Orleans to attend the Court of Appeals there, and not elsewhere. Montgomery Is in the center of Alabama and the capital of the State. Nine diff ferent lines of railway concenter there. We have in our Supreme Court perhaps inc finest law library in the South, in easy access to the Federal court room and judges
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