Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-08-12
BY JUDGE j. WHITAKER THOMPSON
On Congestion Of the Courts

TOO much legislation by Congress and the
l. State Legislatures, disturbing procedure
and practice long established, combined with
q congestion of cases caused by new classes
added to the Federal courts with no extra
Judiciary to care for thcm-thcse are the
chief troubles with the Federal courts today,
according to Judge J. Whitaker Thompson,
of the United Stntes District Court here.
Judge Thompson discussed the address OF
Chief Justice Taft before the American Bar
Association. asking more power for Federal
Judges.
"What We need in the Federal courts
said Judge Thompson, lis n well established
procedure and practice to which the judi
cary is accustomed and with which the
layman has at least some familiarity. The
latter can know not a great deal but he
will know less if the system is continually
changing.
There always has been too much activity
by Congress and Legislature in changing the
rules of,procedure and practice. New laws
have been burden on the judiciary and have
delayed the process of cases through the
courts.
"A good example Is the present law In
this State, that of 1919. Under the law of
1887 we had grown accustomed to "A simple
system one that became well established.
Then came the 1918 law, and for the last
seven wears time has been spent in merely
getting used to the changes hereunder.
No Reason for Uniformity
"Thcre is no reason for the same procedure
and practice in the Federal courts through
out the country AZ has been EuggeSted AZ
the organization now stands, 1t affects only
those lawyers who change their practice
from one State 10 another, in that they must
ucouaint themselves with the method in the
Commonwealth to which they move. Within
the one state they have need for knowledge
of only one procedure, for civil cases in a
Federal court are handled in the same man
ncr as those IN a State court.
'"To make n uniform procedure in Fed
oral courts would nCCcssitatc II lawyer y
learning the two methods. IT would be like
II mans first learning TO drive Cadillac
pnd then taking up the different mechanism
of Ford.
~ must be admitted that there is great
crowding in the Federal courts now. Dis
triCt courts and circuit courts have in some
instances been combined, and also Congress
is continually adding now classes Of cases
To the Federal courts. In Philadelphia the
district and the circuit courts were some
time ago made into one, yet for that doubled
work we still have only two Judges, the
same number there We're l25 years ago.
That condition is absurd.
Should Limit Appeals
cit would be most beneficial If Congress
| could effect legislation which would limit
many of the appeals which are now clutter
| ing up the Federal courts. But | do not
see how that can be done. Whether IL case
| is highly important or not has no bearing
| on the attitude which people would take
toward that, for every man, no matter what
| his case may be, is convinced Of It's i'm :.
| portunrc. lie feels that an appeal is Il right
| Of which he cannot be deprived. TO limit
| appeals, therefore, seems impossible
| ''To have travelling Judges. sitting in one
| district after another, would be no solution
Of the problem, but would add complications,
| regardless Of the number Of Judges A Judge
| must know his district, for case Is a con :
| tinuous thing. 1t may come up again and
| again on writs Of error, appeals and so on,
| suppose the Judge who had sat on n case
| sny in Oregon, were in Mississippi when
the same case appeared in the courts again,
| Think of the rUshin. around that would he
| necessary for Il man in such position and
the task of keeping in touch in each district
1t would be highly impracticablc.
Disagrees With Mr.. Taft
"As the address of Chief Justice Taf, "a
quoted, in its reference to the witbboldins
Of power from Judges as the main causn ii
the failure Of justice in this country 4,
seems ambiguous to me. have nor 500,
rneyidence Of q lack of poweR OF the Judge ~