Evening capital news. (Boise, Idaho) 1901-1927, 1917-01-13
Members of the Idaho State
Bar Association Differ on
Best Method of Avoiding
Congestion.
COMMITTEE FOR THE
COMMISSION PLAN
Resolutions Presente d
Favor Submission of Con,
stitutional Amend m e Mt
Providing for an Increase
in the Size of the Court.


The entire morning session OF the
Idaho state Bar association was taken
up with the discussion of how best to
relieve the capScSted condition or the
supreme court, The question apon
which the attorneys differed and
argued Was whether or not TIVE COM
missioners should be appointed by the
, supreme court 10 assist them in their
, work, or whether or not the legislature
he asked to provide for the appoint-
ment Of extra district judges needed In
the state. whom the supreme court has
the right to call in to sit in cases,
The legislative committee composed
OF Judge Fremont Wood, MIR, Rtssell
and j, 4. Ailshie, made a report this
morning In the form of resolution,
substituting all other resolutions pre-
scented yesterday for their considers
( ton. by one Of their own, The resolu
ton ofrered provided that the Idaho
state Bar association ask for relief, de-
/ claring that an emergency existed. that
an amendment to tho constitution be
submitted to the voters At the next
regular state election providing for in
I
three 10 Ave and that the existing
emergency IN the supreme court be
rcmedied by the appointment OF two
commissioners by the court with power
OF removal at amy time,
DISTRICT JUDGE PLAN.
Judge Carl Davis made an attack
upon the resolution offered by the
COMMITTEES. declaring that it would be
( Impossible TO get a commission from
the legislature, but that the people
knew Of conditions in the district
courts, the need Tor extra Judges and
understood and had voted for the pro-
vision whereby district Judges could he
called In by the supreme court 10 sit
in various eases, In lieu Of the reso-
hutton offered ny tho committee he sub
s,ttutcd one providing for the appoint
lment of several additional district
Judges TO relieve the everworked dis
trlct Judges and TINS relieve con-
gested condition 50 that both tho dis
tricts affected and the supreme court
could be relieved,
Judge Davis made an earnest appeal
for the adoption ~ his resolution MS did
also Judge Aishie for the resolution
introduced by the committee, Charles
II, Miller et Wallace also spoke strong
IN for the resolution ms submitted by
the committees.
To set the consensus ef opinion Of
the members OF tho association rs to
whether they favored the supreme
court heng relieved by district judges
ar commissioners, vote Was taken
which resulted in the association IA
soring hv big majority tho plan Of
commissioners.
TEXT OF RESOLUTION,
Following is the resolution effere
~ the legislative committee;
Whereas. NV section Is declaration
OF rights ot the constitution Of this
state Il In declared that. Courts of jus
ticn shall be open to every person, and
a speedy remedy afforded for every
injury OF person, property or charac-
Ter. and right and justice shall be adj
miaistered without sale, denial. de-
lay, or prejudice. and,
Whereas. II further appears ON the
records and files of the supreme court
that said court IL anavoidahly behind
with the business before said conr.
and on account Of the ranid accumula,
tion or business therein cannot he ~
peetcd Ia decide causes filed thecc.n
a without great delay which delay prac-
tically amounts to denial of Justice
i in violation of the said declaration
of rights az we'll as in violation of the
preamble of the constitution which
declared that Il Is established To pro-
mote our common welfare. now.
i therefore, be IL
Resolved, by the Idaho State Bar
association, In regular session assem-
hlcd, that an emergency exists where
by tho public welfare demands that
some relief be given the supreme court
of the state to enable II the more
speedily To transact the business now
before II as well as the increased
business rapidly aecumulatiags
Resolved further. That to meet said
situation temporarily said courts
should be empowered by the legisla-
ture to appoint two commissioners to
aid In the preparation of opinions and
to perform such duties az may be as
signed them by the court. said COM
missioners TO be appointed and serve
ut the pleasure of The court. hut not
longer than until tho first day OF Jan :
uary. iaei and he II further
/ "Resolved. That the state constitn-
tion be amended Increasing the num-
Der of supreme court justices from
three to five: that such amendment
should be Noted upon at the next BIZ
ennial election and II ratified by the
people that the new judges should hu
elected at the next hienntai election
succeeding the said ratification and
take their seats at the opening OF tho
court year following such election;
Resolved further. That we eom-
mend the action of Governor Alex
ander for his recognition In his annual
message of the necessity for supreme
court arelief. but we deelare Il 10 be