Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-10-06
BILL PENDS IN CONGRESS
Approved by President Taft and Sec
retary Ballinger.
MORE MEMBERS PROBABLE
Three Justices Now Constituting
Court Already Are Overworked.
Would Estab Precedent.

Land disputes. such as gave rise to the
recent inquiry by Congress into the con-
duct Of the Interior Department by Sec
retary Ballinger. may be minimized or
avoided entirely IL the jurisdiction Of the
District Court of Appeals is enlarged so as
to embrace appeals from decisions of. the
Secretary of the Interior.
A bill to provide for such appeals was
introduced in Congress shortly after the
local appellate court adjourned for the
summer recess. AS soon as Congress
meets this fall. it Is understood an ef-
fort TO secure its passa ge will be made.
The proposition has the Endorsement OF
President Taft who last June sent a
special message to Congress urging the
enactment of some such legislation. The
idea originated in the department and is
strongly backed by Mr. Ballinger. whose
letter calling the matter to the attention
of the President accompanied Mr. Taft's
message
Enlargement Of the Court.
The additional work which such in
crease of jurisdiction would entail on
the court will probably require an in
crease in the number of the members Of
the tribunal The three justices are
now burdened with the largest docket
known to the history of the court, and
it is expected two additional members
would be necessary to handle the pro-
posed new business. 1t was probably
with this proposed legislation In view
that the bench in the new courtroom
was made sufficiently large to accom-
modate five justices.
The bill provides that any party to
contest or proceeding before the Depart
ment of the Interior, to acquire, under
any law or treaty of the United States.
the title or any right or interest in, or
use or possession of, any part OF the
public lands or of any reservation or the
United States, shall have the right to ap-
peal, upon questions of law alone. from
the final decision of the department, to
the Court of Appeals of the District of
Columbia. The department, in finally
deciding any such contest or proceeding,
shall find and state separately the re-
upon which the decision is rendered. and
in the review OF any such decision by
the court of appeals the finding of facts
bv the Interior Department in its de-
cision shall be conclusive.
Govern Other Cases.
1t also provides that upon the filing
in the office Of the clerk of the Court Of
Appeals Of the record in any case as
shall be had therein as may conform to
the law and practice of the court In other
cases, and the court shall hear and deter
mine such appeal. transmitting to the
Secretary of the Interior certificate of Its
proceedings and conclusions. which shall
be fled in the department and shall
govern the further proceedings in the
case.
The Secretary may, according to the
bill, with the concurrence of the Attor-
ney General of the United States. certify
to the Court Of Appeals any questions
or propositions of law arising in connec-
ton with any application before the de-
partment to acquire any right or interest
in or the use or possession of any part
of the public lands or of any reservations
of the United States, concerning which
he desires the instruction Of that court
because of unusual gravity or Importance
Of the questions and propositions certi-
fed. and thereupon the court may hear
and give it's instructions on the questions
and propositions certified. which shall be
binding upon the Secretary of the Interior
in the further disposal of the matter
before the department.
The decision of the Court of Appeals is
made final in both classes of cases, pro-
vided by the proposed legislation. The
Supreme Court of the United States may
review by certiorari any such decisions.