Omaha daily bee., 1903-01-09

Ing option to the court to reduce the num-
" and when the business OF the SUI
preme court shall make Il eNpedient 20
The committee will likewise recommend
70 the association a joint resolution amend
ing the constitution so that the number OF
judges shall be left to the legislature.
To simplify Appeals.
Your committed recommends 20 the as
a measure which materially SIM
plihes the appeal OF causes rom .ne the
present machinery Of the statute there rs
too much technically. It IL proposed now
causes and abolish likewise writs of error
and assignments Of error. The bill which
has been prepared for your eonsideraton
provides that all civil causes shall go from
the district to the supreme court by APP
peal; that the case In the supreme court
court. The jurisdiction of the supreme
court will be conferred by the hnng of a
transcript containing the final judgment
sought to be reversed. a bill OF exceptions
Is 10 be settled in the manner now pro-
vided. This bill does not interfere with the
present statutes regarding the settIehieht
OF bills Of exceptions. But the Transcript
and the bill of exceptions, II any, must 10
filed within six months from the date OF
the Judgment or fnal order ~ o
ment of error are equired but within such
time after docketing the case as the SUI
the appellant must file his brief and the
rounds stated I'M the brief for the re-
versal Of the judgment shall constitute al
the assignment OF. error required. The
court will have, under the bill as prepared,
the option to notice any plain error not
assigned. Another section OF me 5is as
prepared gives the supreme court ulscre-
ton I'm the matter of costs.
Another measure Is offered preserving
tribunals inferior to the district. court. and
another measure Is recommended providing
for supersedeas bonds, which Is a virtual
error proceedings now existing, but which
changes the condition of supersedeas D0nus
in equity cases. to reauire an @Ppesiadii az
recting the sale or delivery of possession
OF real property, to give a bond to pay the
value of the use and occupation OF the
property during the tendency or the
appeal.
RESOLUTIONS Anent Supreme Court.
After the presentation Of the report ]. H.
Mcintosh Of the same committee submitted
the following resolution, which was
adopted:
Whereas. The supreme court of this
state, according to data furnished by its
clerk, will be more than 800 cases IN ar
rears by the expiration of the terms OF the
present supreme court commissioners and
Whereas, No possibility exists Of relev-
ing said court by an Increase in me num1
Der OF judges through a constitutional
| amendment within the next two years, and
Whereas, The retention of the present
number OF SAID commissioners II nOA Oh.g
necessary for the time being to enable sald
court to clear it's docket, but is also neces-
sary In order that the members OF the
said court and commission may have sum
Client time to perform satisfactorily the
work devolving upon them; and
Whereas, The judges of the said cour'
are In the best position to determine when
the number of said commissioners. may DC
safely and properly reduced; therefore be II
Resolved, That It is the sense OF the Ne
braska State Bar association that the
present legislature should make provision
| FOR continuing the present number or com
missioners for a period not exceeding twc
years. and empowering the judges OF salc
court to reduce the number thereof when
ever, in the opinion of said judges, the
business of said court and the condition OF
its docket will so warrant.
other features OF the committee report
will be dealt with today, the rest Of yes
terday afternoon being consumed in a dis
cussion.
This afternoon at 4 o'clock, in distric'
courtroom No. l, where the sessions arr
being held, DR.. Z. Benjamin Andrews de
livers his address on Socialism" and t
this the general public is especially urge
to come. OF new officers to be elected Their
was little talk yesterday, and a number o
prominent members denied that any Stat
has yet been decided upon.