The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-12-06

preme court In all cases except those
involving the construction of the con-
stitution or the constitutionality of
statute, with the same power In the SUI
preme court to review on cert1orari
as is now exercised by that court over
determinations of the several circuit
courts of appeals. Appeals from the
United States court in Porto Rico
should also run to the circuit courts of
appeals of the third circuit instead of
to the supreme court.
These suggested changes would,
am advised, relieve the supreme court
of the consideration Of about eighty
cases annually and would be in har-
mony with the theory of review which
led to the establishment of the circuit
courts of appeals and which 1 have
stated above.
The American Bar association has
had before it the question Of reducing
the burden of litigation involved in
reversals on review and new trials or
rehearings and in frivolous appeals in
habeas corpus and criminal cases.
Their recommendations have been en-
bodied In bills now pending in con-
gress. The recommendations are not
radical. but they viii accomplish much
If adopted into law, and I earnestly
recommend the passage Of the bills
embodying them.
injunction Bill.
I wish to renew my urgent recon-
mendation made in my last annual
message in favo- of the passage of a
law which shall regulate the issuing of
injunctions in equity without notice in
accordance with the best practice now
in vogue in the courts Of the United
States.
regard this of especial Importance.
first, because it has been promised,
and, second, because 1t will deprive
those who now complain of certain al
legged abuses in the improper issuing of
injunctions without notice of any real
ground for further amendment and
will take away all semblance of sup
port for the extremely radical legisla-
ton they propose, which will. be most
pernicious if adopted, will sap the
foundations of judicial power and le
| galize that cruel social instrument, the
secondary boycott.
judicial Salaries.
1 further recommend to congress the
passage of the bill now pending foI
the increase in the salaries Of the fed
eral Judges, by which the chief justice
of the supreme court shall receive ST.,
500 and the associate justices SIT 600
the circuit judges constituting the cir
cult court of appeals shall receive $40,
600 and the district judges $4,000
These judges exercise a wide jurisdic
ton, and their duties require of then
a profound knowledge of the law
great ability in the dispatch of bust
ness and care and delicacy in the ex
ercise of their Jurisdiction so as II
avoid conflict whenever possible be
tween the federal and the state courts
The positions they occupy ought tt
be filed by men who have shown tn,
/ greatest ability in their professional
i work at the bar, and it is the poores
economy possible for the government
to pay salaries so low for judicial serv
ice as not to be able to command thu
best talent of the legal profession IL
| every part of the country.
The cost of living is such, especial,
in the large cities, that even the sal
aries fixed In the proposed bill will
enable the tncumbents to accumulat
little If anything to support their fam
1lies after their death Nothing is 81
important to the preservation of gu
country and its beloved institutions a
the maintenance of the independence
Of the judiciary, and next to the lif
tenure an adequate salary is the mos
material contribution to the mainte
nance of independence on the part o
our judges.