The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-16
TEE FEDERAL COCRrs.
d n True That IN seine Gases mere d
Substantially Ne Appeal?


In the United States before aud after IN,
civil war cannot but regard with som,
disirust the recent growth Of the Fedora
power and influence: vet IL Il not to b,
doubted that q strong Fedsral power ma,
b desirable IN a country 80 vaAt and com
pleK ~ ours However this nav he. m,
unmlstakable tendency Of the age Il ias
reducing the state Governments 10 a shadow
Of their former Importance Whenever TN
States shall assert to,the fullest extent theu
own latent powers of government. the Citi
zens a. no distant date will b. SURE 20 com,
plain ~ too much government and that ths
Federal system is oneFOus The moment
the incidence Of taxation. both Federal and
state. begins 10 embrace the aame subject
matter. this pressure on the Individual citi.
zen will begin 10 he felt
The Federal Judiciary. admirable instrl.
ment of government a. IL has been, pos
sesses the secret Of the steady growth Of the
Federal power History demonstrates that
tho extensive power Of construction pos
sessed by the Federal Judges is capab BILE Of
making the Federal Government assume
almost any shape desired by the dominant
! political party SUCH a power Of construc-
ton In fact far transccnds in Importance
any other Governmental power. and N it
should ever drift into the hands Of unscru-
pulous demaRoRues may become subyersivs
Of liberty itself.
But it IL not to the political aspects Of the
power Of the Federal Judiciary that desire
10 direct your attention, but to the ordinary
workaday features Of the Federal courts az
AT present orEanized
Under the Constitution the Congress has
power to constitute tribunals inferior to the
supreme Court. Pursuant 10 this power
tho Congress established In 1901 the Circuit
Courts 81 Appeal for the various circuits
81 the United States. These tribunals we're
designed to relieve tho pressure on the
supreme Court Of the United states The
result has been In practice that In a large
number Of most important cases there i
no longer any appeal to the one great con
stitutiOnal court Of the United States. All
such eases are heard and determined In the
circuit In which they originate. To suitoTs
and advocates alike this course IL unsat-
siactory. The existing Circuit Courts Of
Appeal are not either IN their organization
or constitution distinct enough from the
trial Judges TO AFFORD 20 suitors that atmOs-
phers ~ elaboration and entire impartial
~ which the best course Of justice impera-
lively demands of the Congress The eH-
sting Federal Circuit Courts Of Appeal are
mere courts in banc
A true appellate court should have moth
ing TO do with trials or with trial Judges
Judges Of Appeal should have no points
of contact with trial Judges The situa.
ton n their respective courts should be
- different ~ the commissions 81 their
respective Judge. u there l. an identity
there IL sure 10 be a suspected whispering
bet ween them. u not the suspicion Of q worse
conniyance This suspicion destroys the
efficiency Of any court Of appeal In some
of the circuits IL u already brulted with
what truth ! do not know that an ap-
peal is mere empty form. whether this
serious rumor has OF has not any sure
foundation In any Of The Federal circuits.
the fact that there is not any longer any
true appeal - a great number Of important
causes Of Federal cognlsance Is n itself
an evil which cries out loudly for some
amelioration e. The bands Of the Congress
Crizrrs will not submit tanely 10 Iudt-
cial system which contains 1rong elements
or elements Of serious danger to properly
and liberty
n the Federal power IL stlll 20 grow. a.
appears inevitable, h ohOuld 80 grow on
principles which are calculated 20 inspire
respect ana confidence In the hest citizen
shin Of the land The traditional high
character c' The Federal judiciary for fair.
ness and ability must be preserved A. all
rOsts. or In these days 81 Increasing Gov /
ernmsntal activity the Federal authority il I
ale imaiely doomed.
The time has arrived. 10 l. submitted |
when the Congress. II Il wishes 10 do right
10 the people % the United States "a fact 7
" hich ought not 10 b. doubted. should .
establish a new Federal Court Of Appeal" I
Tor each % the three combined circuits Of 7
Ihe United Ststes This would make thre. /
rev Federal courts. ~ there are nov nine
Federal circuits in he { Hitad Sfat-- The .
uev Federal ,ourt, Of appeal should have
general Jurisdiction % appesls from tho
IrUgit aud the District Courts Of the rftsd
Stai-s within their several Department.
10 Tho circuit courts ~ appeal ~ a. pre-
sut Existing are maintained. aud the Ion ger
n .steuce uf such r-ceut tribunals can hardly
be- deemed ~ fundamental Importance. ap-
Dsals should li- from such existing courts IN
every case 90 one Of the new Federal courts
n appeal
The Judgments or orders n the new Fed.
,ral courts Of appeal should be- final In every
sss where a judgment or order OF the ~ Z
sting circuit courts % appeal IL nnal ami
10 no other ua-- tba experimenting and
appellate powers of The Supreme Court Of
10 ini''d states being maintained sub
.tantiaily as az present The Heg Federal
'oufts 20 appsal should b. held perma
isutly Co. some CENTRAL CITY OF town within
me Of the three circuits over which Il
'Aeroi-es an appellate Jurisdiction. and II
possible ~ some cty or tOWu where no
,thef Federal court ever sits The couft.
mould h. composed % a. least i've Judges
,ith commissions 10 form simhar 10 tbo-..
Y tho Justices ~ the supreme Dourt Of
he luted Sta'ea. and they should "A.
ppoiDtrd Ia ike manner. except that IN.
Justices Of such neW Federal courts OF
ppeal should possess no original lurt..
FtlOn Nbatsysr
IL IL submitted With some confidence that
uch new Federal courts 81 appeal would
ave the entire confidence Of the bar ana
he public. and thus strengthen tho Federal
uthOr.ty az point Whrtr II u now weak..t
nd where strength IL most desirable for an.
lIblic p@ac- and security.
Nav iuEE. May 10 JrsrfrIA
n. An,ar.,s w.h.. .