Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-01-14
~cALL OF THE CALENDAR"
TO BE DISPENSED WITH
Court Gets Down 20 Actual Business
With Opening Of January Torn
Court Records Shows Few Criminal
Gases Ar Reversed on Appeal
Much Work Accomplished.
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OF moving roplQEy 1OrWAIQ 10 meet tuo
popular demand for action in court
matters, exposed one Of the new leaves
turned over for the year 1914 when
the chief justice at the opening of the
January term dispensed with the for
NAL "cau Of the calendar" and started
right in on listening to arguments on
rehearing.
Attorneys better than others will ap-
preciate what this means. It is the
abolition of one Of the traditional Gus
toms in court practice which has been
outgrown. Usually the chief justice
turns at once, on the opening day. to
the docket Of the court and runs thru
it on the preliminary call" reading
each title and the names OF the law
yers, and If the case Is fully argued
by papers filed it is marked submitted.
or If not fully argued It is passed Oc-
casionally q lawyer in the room rises
to state that q case may be submitted
tho marked for oral argument, or some
other statement may be made; but as
q rule the preliminary call Is very for
NAL. Then the per-emptory call Is
made and other cases are submitted.
Then on certain days the motion
docket is called and treated likewise.
New Rule Time Saver.
But under prevailing practice in the
Iowa supreme court tho docket Is
printed and furnished all lawyers and
then there is sent out a card with
numbers Of all cases for oral argument
with designation Of the days on which
they will be heard. This little card is
really what is followed. All the rest
can as we'll be marked UP by the chief
justice in chambers as to take up the
time of the court And that Is what
Is to be done in the future.
The innovation saves from an hour
to two hours to the court at the OPEN
ing Of each session.
Only one out Of each four civil cases
appealed to the supreme court results
in reversal Of the district Judge, and
only one out Of each five criminal cases
SO results.
Few Criminal Cases Reversed.
It Is surprising how few are the In
stances when the supreme court gives
any relief to the aggrieved lawyers
who bring criminal cases to the court,
IN view Of the persistence and determi-
nation Of the lawyers and their ASSURE
ance that the district Judges have gone
all wrong. Those who come to the
court with grievances as to trial Of
civil suits fare q little better. It is
possible the difference lies to some ex-
ent in the fact that = number Of crimi-
nal cases are appealed each year for no
other reason than to cause delay and
with no expectation Of reversal.
In the year 1913 the Iowa supreme
court disposed Of 494 appeals. OF civil
cases there was affirmed 312 and re-
versed 1913. OF criminal cases there
were affirmed AZ and reversed II.
49, Much Work Done.
The record of work done shows about
seventy opinions written by each judge
on an average. One Of the judges.
however. was not on the bench except
for half year Of work. Another was
absent on account Of illaess for one
term.
In the year 1912 the court fled opin.
ions in $40 cases. The proportion Of
afrirmations and reversals was about
the same: Civil cases, affirmed s3e,
reversed 144; criminal cases, affirmed
Al, reversed 16.
The January docket for this year In.
cludes all civil cases filed for appeal
prior to Aug. 20 last. The year be-
fore the January docket included all
up to Aug. Is. But the gain is far
more than Is apparent, for those five
days are the last days for filing for
! the September term, and vast amount
Of business il done.