Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-02
TO RESTRICT APPEAL
Section of Judiciary Bill Per-
tains to District Court.
OPPOSED By BAR MEMBERS
Conferees' Report Recommends Its
Adoption, However.
CHANGES EXISTING LAW
Some Members Of Legal Fraternity
Believe It Will Increase Work
Of Supreme Court.
OPPOSED By BAR MEMBERS
CHANGES EXISTING LAW

section of the bill to codify revise AMI
amend the laws relating to the judiciary,
which restricts the right of appeal from
the Court Of Appeals OF the District of
Columbia to the Supreme Court of the
United States, has been retained by the
conferees on the bill practically as it
passed the Senate. The conference re-
port. submitted to the Senate late yester-
day afternoon, recommends the adoption
Of the section.
Although the members Of the local bar
appealed to the conferees of the Senate
and House to leave the existing law regu-
lating the right Of appeal unchanged. the
conferees did not grant the request
The second section. relating to such ap-
peals. is also left by the conferees prac-
ticaily as II was adopted In the Senate
but the members OF the local bar made no
protest against It.
AS recommended by the conference re-
port to be finally enacted into law, the
provision for appeals from the local Court
Of Appeals to the United States Supreme
Court. is as follows:
Provision for Appeal.
Section 25o. Any final Judgment or
decree Of the Court OF Appeals OF the
District of Columbia may be re-exam-
ined and affirmed, reversed or modified
by the Supreme Court of the United
States upon writ of error or appeal In
the following cases:
Ffrst-In cases in which the jurisdic-
ton OF the trial court is in issGe; but
when any such case is not otherwise re-
viewable In said Supreme Court, then the
question of jurisdiction alone shall be
certified to said Supreme Court for de-
cision.
''Second--In prize cases
"Third-In cases involving the con-
struction or application of the Constitu-
ton of the United States. or the consti-
tutionality of any law of the United
States or the validity or construction of
any treaty maze under Its authority.
Fcurth--In cases In which the COM
to oe in contrdvention of the Constitu-
ton OF the Tinted States
Fffth-In cases in which the validity
or any authority, exercised under the
Of any power or duty of an officer of the
United States is drawn in question.
Sixth-In cases in which the construc-
ton OF any law OF the United States is
drawn in question by the defendant.
Except as provided in the next sue
ceeding section, the judgments and de-
crees of the said court of appeals shall
be final In all cases arising under the
patent laws. the copyright laws, the rev.
enue laws. the criminal laws. and in ad-
miralty cases. Except as provided i'm the
next succeeding section, the judgments
and DEGREES OF the said court OF appeals
shall be final In all cases not reriewab,s
as hereinbefore provided.
Pertaining to Writs of Error.
"writs Of error and appeals shah be
taken within the same time. I'm the Same
oy1l
as wfits of error and appeals are taken
from the circuit courts of appeals tn the
Supreme Court of the United States
Section 251 In any case i'm which The
judgment or decree of said court OF APP
peals is made final by the section last
preceding. 1t shall be competent for the
Supreme Court of the United States 10 re-
quire. by certiorari or otherwise. any
such cause to be certified to IL for its re-
view and determination, with the same
power and authority i'm the case as If it
had been carried by writ of error or APP
peal to said Supreme Court. 1t shall also
be competent for said court of appeals in
any case In which its judgment OF de-
cree is made final under the section last
preceding, at any time to certify to the
Supreme Court of the United States any
questions or propositions of law concern
ing which it desires the instruction o.
that court for their proper decision: and
thereupon the Supreme Court may either
give its instructions on the questions ana
certified to ii, which shall be
binding upon said court OF appeals in
such case, or II may require that the
whole record and cause be sent up to it
for its consideration. and thereupon shall
decide the whole matter in controversy
in the same manner as III IL had been
brought there for review by writ of error
or appeal.
The indications are said to be that
when the report is presented to the Sen
ate the report and tho bill, consisting of
several hundred sections relating to the
States. will depressed for immediate con-
sideration and adoption, or for adoption
without consideration.
Section go Of the bill. as reported by
the eonferees, relates to the appellate
Of the Supreme Court IN cases
arising in the District of Columbia. 1t
takes the place of existing law on that
subject and Of the section of the House
bill reported from the joint committee on
revision. which presented the present law
The amendment proposed by the report.
IN the Judgment Of the Bar Association,
Is radical and OF great Importance to
the residents Of the District.
Law In Force at Present.
The law now in force is embodied IN
the District code as follows:
Section 233. Any final Judgment or
decree of the Court OF Appeals may
be re-e1amined and affirmed. reversed
or modified by the Supreme Court or
the United States. upon writ OF error
or appeal, in all cases in which the
matter in dispute, exclusive Of costs.
shall exceed the sum of $1,000, in the
same manner and under the same reg
ulations as existed in cases of writs OF
error on judgments or appeals from
DEGREES rendered in the Supreme Court
of the District OF Columbia February
Q. 1891. and also in cases. without re-
gard to the sum or value of the matter
In dispute, wherein Is involved the va
lidity OF any patent or copyright. or In
which is drawn in question the validity
Of a treaty or statute OF, or an author
Ity exercised under the United States"
A comparison OF the provisions or
the existing law with those OF the
hat In many respects thine amendment
enlarges instead Of narrows the juris-
fiction of the Supreme Court. and in
The minds Of leading members OF the
bar there il q serious question II the
will not Increase instead
IF lessen the number of cases that
nay go up to the Supreme Court from
he District OF Columbia, which that
court will be called upon to consider.
The amendment has been and II op.
posed by the Bar Association, which
las submitted its objections I'm printed
'orm to the conference committee.
Members OF the bar generally, as well
70 the Bar Association, have urged
he retention OF the existing law,
which has been In Force for many
,ears.
D~of Ua~ unR M. 80 nnr1;u