The daily star-mirror. (Moscow, Idaho) 1911-1939, 1914-01-06
FINE RECORD IN
SUPREME COURT
CHIEF JUSTICE AILSHIE TELLS
OF CONDITION OF CALENDAR
AT THIS TIME.
Court Held Five Sessions in Idaho In
1918 Against Two Sessions During
Other Years.

BOISE, Jan. 6.-Members of the state
supreme court feel gratified over the
condition of the court calendar at the
opening of the new year. In the past
year five sessions of court were held in
north Idaho Two sessions only were
held there in any previous year. 1t is
also noted that the Idaho court has a
greater variety of complex cases to
handle than perhaps any other state
court in the union, ranging from min
ing, lumber and power cases in the
north to irrigation cases in the south.
In at least a dozen cases tried in the
past year interests running into the
millions in value were involved.
Chief Justice Speaks.
Chief Justice Ailshie in discussing
the situation said:
THE November term of the su
preme court adjourns today, and the
January term opens Monday. While
there is steady increase in the
business before the courts, the work
of the supreme court is practically up
to date. The court has held five
terms in the northern part of the
state during the past year, and the |
business of that section is all disposed |
Of with the exception of opinions in a |
few cases which have been prepared |
but are not yet ready for filing. There
are about so cases on the calendar for
hearing at the Boise term which opens
Monday, and it is safe to say that If
all these so cases were set for argu-
nent during the coming week, that the
court would not be able to get counsel
o argue one-third of them. We
would find in some cases that attor-
leys have stipulated to give each other
additional time to file briefs, or that
attorneys are out of the city or en-
gagged in other courts and other work,
md cannot present their cases on ap-
zeal, or. that the cases are in process
# settlement.
Against "Friendly" Suits.
'Of the cases now on the calendar
or hearing, four have been heard Ii
nee and are now up for re-argument, {
re what are known as friendly ac-
ions. By friendly action is meant
nat the case is not real lawsuit but {
nat somebody wants the court to say {
e has acted within the law, so that If
nybody goes to criticise his action or
uestion his conduct or proceeding, he
an say it has been approved by the S
1urt and thereby shift any odium or
riticism attached to his action on to
lie courts. Courts ought to give but
tile time to this kind of business. The
ate pays the expense Of maintaining
,urts, and it is enough to pay the ex-
ense of settling real differences and u
sputes without maintaining courts to p
,cide moot questions.
"Of the cases now on the calendar, u
least eight have been at some time
set for argument, and the
torneys have either not been ready
have stipulated for continuances. q
Better Than in Other States.
From what / know of the condi- a,
IN of litigation in other states,
ink l am safe in saying that there is W
t another state where case can be Il
ard and decided on appeal as quick ..
as in Idaho. Almost any case can IL
heard on appeal in this state in ei
rfected, if all the judges are well
d able to be present at the sittings o
the court. To be sure, there are
,es on file here that have been -.
lding much longer-perhaps year
more-but that is because the par
5 for some reason did not want the
e heard Some old cases have
N set by the court for argument "
eral times, and each time an agree
Mt was reached between the attor
IS that the case should go over to
reset. In some instances, in order p,.
get an old case disposed of, we have
to notify counsel that the case
st be either heard or the appeal
lid be dismissed"
ed
Wo~o DJoocoukIr C,,r,,rfcoJ nIp