Norwich bulletin., 1910-12-07

SupACi1C COuIt IlS SuOuI0 Dc SoLlohCu by one hearing before court of first instance and one review by a court Of appeals. The proper and chief useful ness of the supreme court, and espe- c1ally of the supreme court of the United States, is in the cases which come before it so to expound the law. and especially the fundamental law-the const1tution-as to furnish precedents for the inferior courts in future litiga- tion and 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 it's higher function, which makes it so important part of the
 framework of our government. The supreme court is now carrying an un- l necessary burden of appeals of this kind. and I earnestly urge that it be removed
 The statutes respecting the review by the supreme court of the Unitel States of decisions of the court oi appeals of the District of Columbia ought to be so amended as to place that court in the same position witt
 respect to the review of it's decisions as that of the various United States circuit courts of appeals. The act ot March 2, 1907, authorizing appeals by the government from certain judg
 ments in criminal cases where the de fendant has not been put in jeopardy within the meaning of the constitution should be amended so that such ap peals should be taken to the circuit
 courts of appeals instead of to the su preme court in all cases except those involving the construction of the con sutution or the constitutionality of @ statute, with the same power in the su preme court to review on certiorar. as is now exercised by that court oveI
 determinations of the several circuit United States court in Porto Rice should also run to 1he circuit courts OI appeals of the third circuit instead O, to the supreme court.
 These suggested changes would. ] am advised, relieve the supreme court i of the consideration of about eighty cases annually and would be in har. 1nony with the theory of review which led to the establishment of the circuit courts of appeals and which I have stated above
 The American Bar association has
 had before it the question of reducing
 the burden of litigation involved in
 reyersals on review and new trials ol
 reheariugs and in frivolous appeals in
 habeas corpus and criminal cases Their recommendations have been em bodied in bills now pending in con
 gress. The recommendations are not
 radical, but they will accomplish much
 if adopted into law, and I earnestly 1 recommend tlfe passage of the bills embodying them.
 Injunction Bill.
 I wish to renew my urgent recom
 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.
 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 ot
 injunctions without notice of any real ground for further amendment and will take away all semblance 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 le
 galize that cruel social instrument, the
 secondary boycott.
 Judicial Salaries.
 further recommend to congress the
 passage of the bill now pending fo1
 the increase in the salaries of the fed.
 erai judges, by which the chief justice
 of the supreme court shall receive S17.-
 300 and the associate justices SIT GOO
 the circuit judges constituting the cir
 cult court of appeals shall receive S10.-
 GOO and the district judges S9000
 These judges exercise 8 wide turisdic-
 hon, and their duties require Of them
 profound knowledge of the law
 great ability in the dispatch of busi-
 ness and care and deIicacy 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 filled by men who have shown the
 greatest ability in their professional
 work at 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.
 flies after their death. Nothing is so
 important to the preservation of our
 country and its beloved institutions as
 the maintenance of the independence
 of the judiciary. and next to the life
 tenure an adequate salary is the most