The Providence news. (Providence [R.I.]) 1891-1906, 1905-03-08

To the Honorable the General Assembly:
The commission appointed by the gen
era, assembly. April ls, 1904. 10 report
changes in the laws OF the state necessary
"a carry into effect Article XII OF amend
menta OF the constitution. begs leave 20
submit herewith a bill ernbodying the
changes which I'm SIS opinion, are neces-
sary and desirable.
The commission organized April l6 1904.
by the election of John n. suness az
chairman and Richard w. Jennings rs
secretary.
TIC amendment was evidently intended
TO make the supreme court chiefly
court OF review, as the provision that
majority OF its Judges shall always be
necessary to Constitute n quorum renders
the exercise OF mach original jurisdiction
impracticable.
It has therefore been necessary 10 pro-
vide for n supreme court with revisory
and fipal jurisdiction. and superior court
With general subordinate turfshicuon'
This Is the effect OF the blu submitted
The commission has sought to make as
little change IN procedure as possible ana
s,ilI have Yf simple. complete, and conve-
uient
LIVE SUPREME COURT JUDGES.
The commission is Of opinion that the
supreme court should consist OF nve
.t,6ees. For several years there have been
four Judges assigned 10 tho appellate di-
vision one for cases TO be heard py
single Judge and three for cases 10 DE
heard IN banc This number has been IN
sceouate, and Il has been necessary AT
times TO call in judges Of the common
nle,.s division To enable the court to Keep
mn with the business before II. Not only
woulc a smaller number than hVe con.
t.nue 10 be inadequate. but four wouio
involve the chance OF an even division IN
opinion and require quorum OF tnree.
Tuur rtr-rfgcs-with quorum OF three OF
three Judges, with a quorum OF two
would allow for the absence of only one
Judge. and in cases of sickness or inter
est the court might often be unable 10
sit for want OF quorum.
For the subordinate court, called the
Superior court, six Judges are recon-
mended. Under the present law three
Judges have been assigned 10 tho com
mon pleas division. two sitting continu-
ously in Providence. and one I'm the other
counties who has also assisted In both
divisions in Providence.
With this number OF judges there has
been a large accumulation OF cases on
the Jury docket I'm Providence county.
and. with the addition of cases now heard
by a single Judge In the appellate divis-
ion. four judges are required TO equal
the present number engaged in those
classes OF trials.
EQUITY CASES.
The transfer OF equity causes to the
Superior court is made necessary by the
amendment. because OF the requirement.
of a majority OF the Supreme court in
all cases. which would be extremely in-
convenient for parties and take the time
Of at least three judges in the numerous
motions and orders I'm equity, when the
matter could be well attended 10 by
one Therefore, TO provide for accumulat-
ingcasesandthe addition OF equity causes,
there must be at least two more judges
fn the Superior court, thus making the
number six for that court.
large part of tho increase I'm expense
for this number OF additional judges is
provided for by restoring 90 the fee table
three OF the items which were stricken
out n few years ago. namely. entry and
continuance fees and charges for wrts
and citations. These fees still remain IN
District and Probate courts. and with
greater reason they should be required in
the higher courts. similar fee table
had been in force from the early days Of
the colony down 10 1890. when the Jury
fee OF five dollars was abolished. and 1892.
when the entry and continuance fees were
abolished. Later. writs and citations from
the Supreme court were made free of
charge.
The fees still retained in District courts
have not been found 80 be a burden upon
litigation. and there is less reason "a
suppose that they will be so in the larger
cases in the other courts. They are COM
mon in other jurisdictions.
DISTRICT COURT JURISDICTION.
II was obvious that the transfer ~
nearly all original jurisdiction 90 the
Superior court, I'm cases which may now
he brought in the two divisions Of the
Sunreme court would make "A large in.
crease over the number OF cases now
brought in the common pleas division
hence II was necessary 20 provide moi
only for accumuiating cases. under tho
present system. but also 10 bear in mind
the increase stated. To provide FOR this
as far ss possible. the civil Jurisdiction
OF the District courts Is extended from
$500 10 500. II is believed that this vii
not greatly burden the District courts
since I'm important cases Jury trials maN
be clslmed. but it Will afford considerabl,
relief 10 the dockets of the Superior cour
when Jury trials are not claimed. Th'
criminal Jurisdiction of District cour1i
has also been extended 20 cases punish
able by fine Of more than so or i'm
prisonment for more than three months
even though the accused might pleat
guilty or though adequate punishment
for the particular offence might be withir
those nnns The cases then had 20 bs
Ibid before the grand jury. indictment,
returned. and the accused kept IN Gus
tody, ~ he could not give hail FOR vary.
fng periods up 10 three months. or more
according 20 the time when the nccusu,
could he arraigned or tried IN tho com
mon pleas division.
The number of cases thus talSrn up ha
involved a long session ~ the grand Jury
seldom lees than two weeks. The tris