The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1910-12-06

for tile inferior courts IN future ltCl1s1l.
ton aud for the executive officers in
the construction Of statutes and the
performance of their legal duties.
Therefore any provisions for review
OF cases by the supreme court that
cast upon that court the duty OF pass
ing on questions Of evidence and the
construction OF particular forms OF in
struments. like indictments or wills
or contracts, decisions not Of general
application or Importance, merely clog
and burden the court and render more
difficult. its higher function, which
makes 1t so important q part of the
framework OF our government. The
supreme court IS now carrying an nm
necessary burden OF appeals Of this
Kind. and ! earnestly urge that it b.
removed.
The sta.ntes respecting the review
by the supreme court of the United
States OF decisions OF the court of
appeals of the District of Columbia
ought to be so amended as to place
that court In the same position with
respect to the review of its decisions
as that of the various United States
circuit courts of appeals. The act OF
March ., 1907. authorizing appeals by
the government from certain judg-
ments in criminal cases where the de
PENDANT has not been put in jeopardy.
within the meaning of the constitution.
should be amended SO that such APP
peals should be taken to the circuit
courts OF appeals Instead of to the SUI
prone court in all cases except those
involving the construction of the con-
stitutlon or the constitutionality of a
statute, with the same power in the SUI
preme court to review on certiorari
as is now exercised by that court over
determinations of tie several circuit
courts OF appeals. Appeals from the
United States court in Porto Rico
should also run to che 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 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
re1earlngs and in frivolous appeals in
Their Recommendations have been en-
bodied In bills now pending In con-
gress. The recommendations are not
radical but they will accomplish much
II adopted into law, and I earnestly
recommend the passage of the bills
embodyIng them.
injunction Bill.
I wish to renew my urgent recon-
N lO CT
message in favo~ Of the passage OF
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.
I regard this OF especial Importance.
first. because it has been promised.
and. second, because it 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 sembIance Of sup
port for the extremely radical leglSla-
ton they propose, which will be most
pernicious If adopted. will sap the
foundations of judicial power and Ie-
galize that cruel social instrument, the
secondary boycott.
Judicial Salaries.
1 further recommend to congress the
passage OF the bill now pending for
the increase In the salaries of the fed
eral judges, by which the chief justice
of the supreme court shall receive ST.
500 aud the associate justices ST., 900.
the circuit judges constituting the cir
cult court of appeals shall receive $1O,-
600 and the district judges $4,000.
These judges exercise n wide iurisdic-
ton, and their duties require OF them
u 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 to
avoid conflict whenever possible be
tween the federal and the state courts.
The positions they occupy ought to
be filed by men who have shown the
greatest ability in their professional
work ut the bar. and it is the poorest
economy possible for the government
to pay salaries so low for judicial serv-
ice as not to be able to command the
best talent of the legal profession in
every part of the country.
The cost OF living is such. especially
In the large cities, that even the sal
aries fixed In the proposed bill will
enable the incumbents to accumulate
little If anything to support their fam
lilies after their death Nothing is so
nP O,1r