Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-29
HIN'IO RELIEVE
HIGH COURT Of WORK
DEMOCRATIC SUGGESTION TO EN-.
LARGE JUDICIARY MET az
NEW PROPOSAL.
MINOR MATTERS NAV BE
MINOR MATTERS MAY BE
BEFORE COURT OF APPEALS
Many Obstacles in Way Of Enlarge.
msnt Of Supreme Body-court Over.
worked Without ouestios rAnother
Plan for Relief is to Give Each Jus.
tiee clsrk and Stenosrapher.
Especial Correspondence

Washington, March pa plan to
States of a part Of the burdensome
duties that now fall to it by cutting
down its jurisdiction is being seriously
discussed among attorneys familiar
with the affairs of the court. In case
tie plan 10 increase the court to eleven
members is seriously pressed in this
congress. there is no doubt the plan
to give the court relief by taking some
Of its duties from it will be proposed as
an alternative.
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 it, gave attention to
the arguments in its behalf. Demo-
cratic politicians ambitious to find
good berths for friends saw much to
recommend it. Also. those who thought
this a good way to put more progress
sive justices on the bench inclined to it..
Obstacles to Enlargement
1t looks, however. as if this plan Of
charging the court would find many
obstacles in congress. 1t is Wel-knoWn
the supreme court does not view the
plan with favor. An argument for en-
larsing the court which. is frequently
used is that it would Tighten burdens
of the justices who are hard worked.
But against this. it is pointed out that
the differences of opinion are numerous
enough now among the members of the
court and to increase the number on
the bench would simply complicate the
situation.
The court Is overworked. That is
generally admitted. But lawyers who
are familiar with the court say many
of the cases which come before the
court are not of adequate Importance
to take the time of the court and that
many of them might just as well be
disposed of in the court of appeals.
When the judicial code was being re-
vised, arguments were advanced in ia
vor of legislation to confine the duties
Of the supreme court to consideration
only of cases of real Importance but
these arguments did not prevail.
Another way suggested 70 help the
court would be to provide 1t new
building. give it ample room. and give
ca oh Justice one or two law clerks and
competent stenographers. weli-pald
men. under bond. These men would
relieve each justice Of a great deal OF
labor of a routine sort. 1t is strange
fac, that some of the justices write
ou. their opinions laboriously by hand
and look up citations themselves. ms
takes time and energy.
Method Of Assignment.
The question is often asked how the
cases are assigned to the different court
members. Every Saturday following
arguments before the court the mem
bers of the court hold conference. II
all are ready TO vote on a given case
the vote is taken by the chief justice.
The Youngest member Of the court III
point of service votes first. rms Is III
order that he may not seem 10 De IN
frenced by the opinions OF men longer
on the bench than himself When the
vote is taken, the chief justice assigns
one of the majority to .prepare tne
opinjou. The question Of who gets the
assignment is delicate one for the
chief Justice. Often justice IS es-
necjally qualified in some branch OIL the
law and certain cases in that DHanch
will ma turalIy fall to him. something
depends on how heavily member OF
the court is loaded up with cases
whether he is given additional opin-
ions to write From one point OF Vle"'
the increasing of the courts MEMBER
shin would decrease the work of each
individual member. But from announcer
angle, it would only make the oppor-
tunities for differences more numerous
and those opposed to it say the court
would merely be made more unwieldy
and business not be facilitated.