The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-03-28
Congress Surmises He Pro-
poses to Let Reforms Lin
ger for Awhile.
CLERKS ARE UNDER FIRE
DISTRICT AND CIRCUIT EMPLOY
Es MAY BE REDUCED IN NUM-
Der AND ALSO IN SALARIES, IT
IS ANNOUNCED.

washington, ~ ", March ZS.-fFeSl-
dent Taft's program for reducing the
laws delay has not yet made its ap-
pearance in congress. It is surmised
on Capitol hill that he purposes to al
low this matter to rest until the next
session. His legislative program al
ready is well crowded for the present
session.
Nevertheless the joint committee on
the revision Of the laws has decided on
one important change in the operation
of federal courts. providing congress
can be induced to adopt 1t. This is
practically to merge the district and
circuit courts.
Such provision is contained in the
new judicial code, which it is purposed
that this congress shall pass.
This change is in the direction of
economy and of reducing in some cases
the cost Of litigation. The committee
on revision has concluded that there is
no real reason for separate existence
of the district and circuit courts. The
only distinction between them has
been arbitrary, one court handling GER
tain classes of cases and the other dis
posing Of the rest.
Clerks Have Reaped Harvest.
Tangement has been chiefly to the
clerks, for In almost all instances each
court has its own clerk, just as it has
its separate docket. This has enabled
each court to support clerk at max
imum payment Of $500. In some To-
calities each clerk is allowed to receive
double fees, which brings the maxi
mum payment to each clerk up to
$1,000. The change proposed in the
ney judicial code is that the combined
court shall have only one clerk. and
no double fees shall be charged.
The maximum payment for every
clerk is fixed at $500. So in cases
where two clerks used to get an aggre-
gate of $4,000 per year, as actually
has been the case in a few instances,
the cost will be cut by $4,000. Liti-
giants likewise will be saved from a
heavy burden of double fees
The members of congress have only
. vague idea of what President Taft
delays and in making litigation cheap
er. One thing which is proposed is
that the testimony taken in equity
cases be cut down.
Borah Thinks He Has Answer.
But congress is not unanimous about
the practicability of what the president
may have In mind. Senator Borah
thinks the trouble lies elsewhere than
In litigation between private parties.
He considers that he struck at the root
of the difficulty when he introduced a
bill In congress April Is, 1909.
This measure provided for a reason
ably speedy trial of persons under in
dictment in q federal court. It declar-
ed that court must dismiss defend
ant whenever the defendant, whose
trial had not been postponed upon his
application, was not brought to trial
at the second term OF the court in
which the Indictment was returnable.
And It further provided that when the
defendant objected to a postponement
or demanded trial, the basis for con.
tinuance on the part of the govern
ment must be set forth in q sworn
statement, by aff1davit or otherwise
and copy served upon the defendant
at least five days before the motion for
postponement was to be heard.
It is understood that this bill was
referred to Attorney General Wickers
ham for his opinion. He sent it back
to congress with the view that it might
embarrass the department of justice in
handling criminal cases.