The Washington times., 1913-03-25
RELIEF OF SUPREME
COURT IS PLANNED
curtaiIing Duties Of Tribunal
Suggested as Alternative to
/ Adding New Member.

A plan to relieve the Supreme Court
OF the United States of a part of the
burdensome duties that now fall to II
by cutting down its jurisdiction is
: being seriously discussed among at
torneys familiar with the affairs of the
court. In case the plan to increase the
court to eleven members is seriously
pressed in this Congress, there is no
doubt that the plan to give the court
relief by taking some of its duties
from ii will be proposed as an alter
native.
Senator Gore of Oklahoma some weeks
ago proposed increasing the court to
eleven. His plan found some favor, and
President Wilson, who was consulted
about II. gave attention to the argu-
msnts IN its behalf. Democratic poll
ticians ambitious to find good berths
for friends saw much to recommend it.
way to put more progressive Justices on
the bench were inclined to favor II.
Il looks, however, as IL this plan Of
enlarging the court would find many OBJ
stacles In Congress. 1t Is well known
that the Supreme Court does not view
the plan with favor. An argument for
enlarging the court which is frequently
used 10 that II would tighten the bur-
dens OF the justices, who are hard
worked. But against this. II is pointed
out that the differences Of opinion arc
numerous enough now among the MEM
bers OF the court. and to increase the
number on the bench would simply
complcate. the situation.
Court Il 0verburdened.
That the court Is overworked 10 gener-
ally admitted. But lawyers who are IA
miiiar with II say that many OF the cases
which come before the tribunal are not
- - g. folx fSS xfvr,n
and that many Of them might just as
well be disposed Of in the Court of Ap-
peals. When the judicial code was.
being revised, arguments were advanced
In favor of legislation to ccnfine the
duties OF the Supreme Court to consid-
GRAFTON only Of cases Of real Importance,
but these arguments did not prevail.
Another way suggested to help the
court would be to provide II with a new
building. give II ample room, and give
each Justice one or two law clerks and
.competent stenographers. well paid
men. under bond. These men would re-
neve each Justice Of great deal of
labor OF q routine sort 1t is a strange
fact that some Of the justices write out
their opinions laboriously by hand and
look up citations themselves. This takes
time and energy.
Method Of Assigning Cases.
The question is often asked how the
cases are assigned to the different court
members Every Saturday. following
Arguments before the court the mem-
befs hold q conference II u are ready
TO vote on q given case. the vote is
taken BY the chief Justice. The youngest
member Of the court, in point of service,
votes hr0t. This in order that he may
not seem to be Influenced by the opin-
ions Of men longer on the bench than
himself. When the vote is taken, the
chief Justice assigns one of the ma
tority to prepare the opinion.
The question of who gets the assign
ment 10 q delicate one for the chief
justice OFTEN q justice IL especially
Qualined In some branch Of the law, and
certain cases In that branch naturally
win fan to him. Something depends on
how heavily q member of the court In
loaded up with cases whether he is
given additional opinions to write. From
one point OF view, the Increasing OF
the courts membership would decreas se
the work Of each individual member.
But from another angle, 1t would only
make the opportunities for differences
more numerous. and those opposed to
II say the court merely would be made
more unwteldy. and business would not
be facilitated.