Evening journal., 1910-04-19
FOUR TERMS
OF U. S. COURTS
Congressman Heald'S Bill
Passed Unanimously by
the House Yesterday
JUDGES AND LAWYERS
ARE In FAVOR OF 1T

Congressman Heald's bill providing
for four terms of the United States Cir
cult and District Courts In the District
of Delaware was passed unanimously
by the House of Representatives at
Washington yesterday. 1t is expected
that the bill will be passed by the SEN
ate in the near future, as Senator's du-
Pont and Richardson will look after
it there.
At present there are but two terms Of
court held In Wilmington each year, the
June and October terms. BY the four
term arrangement it is expected that
cases can be disposed of more speedily
and the court business facilitated with
out additional expense.
Congressman Heald made a clear and
convincing statement of the necessity
for enlarging the number of court
terms, and also pointed out that Judges
Edward G. Bradford and George Gray
and District Attorney Nields. as we'll
as members Of the Bar were in favor
of the change proposed. Mr.. Heald's
bill provides:
Provisions Of the Bill.
THAT the regular terms Of the Circuit
Court of the United States in the dis
trict of Delaware hereafter shall he
held each year at Wilmington on the
third Tuesday in March. June, Septem-
ber, and December. and the regular
terms of the District Court Of the
United States in the district of Della
ware hereafter shall be held at Will
mington on the second Tuesday in
March. June. September. and Decem-
ber. each term TO continue until the
succeeding term begins.
"Sec. .. That no action, suit. pro-
ceeding information, indictment,
recognizance. bail bond, or other pro-
cess in either of said courts. brought
or returnable to or conditioned for ap-
pearance or triable at any term thereof
as heretofore established but suppressed
ed by section one hereof, shall by rea-
son of said section abate or be in any
respect invalidated. but the same shall
be deemed brought or returnable to or
conditioned for appearance or triable
at the term hereby established next
| succeeding the time Of the comence-
ment of such superseded term.
"Sec. 3. That all laws in so far
inconsistent with this Act be, and they
are hereby, repealed
! COMMITTEES Favored n.
4 The committee on Judiciary, IN reporting
/ favorably on the Heald bin made the FOL.
lowing written report;
"The bill changes the present terms OF
court at Wilmington, Del, and adds two
new terms. At present there are only two
terms Of court held in this city for the
entire State of Delaware, one beginning
in June and the other i'm october II will
be seen that there Is now long delay in
prosecuting suit TO final Judgment, for II
suit Is brought after the beginning of the
October term no appearance is required,
nor is a defendant required to be In court
until the following June term. seven
months later The two present terms Of
court are in session practically all Of the
time now. and the now terms proposed arc
for the purpose of more speedy trials and
viii facilitate the business of the court
and will not add any additional expense
to the Government. The proposed changes
contained in this bill have been approved
by Judge George Gray, Of the United
states circuit court.
Judge Bradford says;
am heartily In favor of four terms
of each of those courts, as proposed
! in section ! of the bill. Many are de-
TERED from bringing suit in the circuit
court by the fact that there are now
only two terms. which Of course in
volve delay in bringing cases on for
trial.
Judge Gray says;
Judge Bradford is concerned In this
matter, and whatever he and Mr..
Nields think about it will be suitable TO
me.
MI j. p. Nields is tho United state
district attorney for the State of Della
ware. and he also approves the bill in th'
following words:
Since the passage of the judiciary
act there have been only two terms Of
the circuit court in this distrlct-the
June and October terms. I'm a suit
brought during the October term the
defendant need not enter an appear
ance until the next October term. and
in all probability would not be ready
for trial until the succeeding June
term with the customary continuan-
ces, the case might be STAYED off for
another year. BY such delays a case
in the circuit court I'm this district ordi-
narily is not tried until three years
after it is brought This delay has
caused great hardship and injustice
BY establishing four terms of the
circuit court important civil business
can be disposed Of within year after
suit is brought The ancient practice
existing in this district was no doubt
due TO the old practice Of supreme
court justices sitting on circuit. 1 be-
lieve in other districts a change sirni-
lar to the one embodied in your bill has
been made.
This bill has the hearty approval Of
Judge Bradford, United States district
judge in this district. He suggested
the terms, and also that the circuit and
district courts be held in the same
months as provided in your bill.
Letters from the majority OF the at
torneys pracucing in the United State
courts in Wilmington recommend and in
dorse this bill. For the foregoing reason
the committee recommend that the bill d