The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1922-08-24

UBUD
CLEAR DOCkETS
wants Congress to Authorize Uni.
flying Law and Equity in One
Form Of Civil Action.
San Francisco, Calf. Aug. "a
Dependence upon action Of con-
xress to effect reform to remove
delays and to bring about speed in
the administration Of justice "has
not brought the best results and
some different mode should be
tried" William Howard Taft, chief
Justice of the United States, told
the American Bar association to-
day. =
"The failure of justice in this
country" said Chief Justice Taft,
especially in the state courts,
have been more largely due to the
Withholding of power from judges
over proceedings before them than
to any other cause; and yet judges
have to bear the brunt of criticism
which is so general as to the re-
suits Of present court action. The
judges should be given the power
commensurate with their respon-
sibility. Their capacity to reform
matters should be tried to see
whether better results may not be
attained. Federal Judges doubt
less have their faults, but they are
not chiefly responsible for the
present defects in the administra-
ton of justice in the federal
courts. Let congress give them an
opportunity to show what can be
done by vesting in them sufficient
for the purpose
Justice Taft said that litigation
had. so increased with the increase
of the general business of the
country that even in fields always
occupied by the federal courts. the
judicial force had proved made
Quate. He remarked that addition
al burdens had followed the enact
ment of new statutes, particularly
the Volstead act.
"A bill which provides for "a new
district judges and one circuit
Judge in the Fourth circuit has
been reported to both houses he
continued. ut is opposed. and will
doubtless lead to discussion; but
in view of the previous votes in the
two houses it seems likely that the
bill will pass before the close of
this congress.
1.-THE new bill authorized a ju-
dicial council of 10 judges, consist
ing of the chief justice and the
senior associate judge of each cir
cult, which is to meet in Washing
ton the last Monday in Septem-
Der, to consider reports from each
district judge with a description of
the character of the arrears, and a
recommendation as to the extra ju-
dicial force needed in his district.
The conference thus called in to
consider at large plans for the en-
suing year by which the district
judges available for assignment
may be best used.
Ends Absurdity.
at ends the absurd condition,
under which each district Judge
has had to paddle his own canoe
and has done as much business as
he thought proper. Thus one Judge
has broken himself down in at
tempting to get through an impos-
sible docket, and another has let
his arrears grow, in IA calm philo-
sophical contemplation of them as
an inevitable necessity that need
not cause him to lie awake nights.
THE members of the supreme
court have become so anxious to
avoid another congestion like that
Of the decade before 1891. that they
have deemed it proper themselves
to prepare new bill amending the
jurisdiction Of the supreme court
and to urge its passage. It is now
pending in both houses of con-
gress. The act of 1891 introduced
into the appellate system a discre-
tionary jurisdiction of the supreme
court over certain classes of cases.
by the act Of 1916, this discre-
tionary power of the court was ex-
tended and its obligatory jurisdic
ton reduced, as to review of state
court judgments, so that now the
only question which can come by
writ of error from a state court to
the supreme court as a matter of
right, are those in which the valid
lty OF state statute or authority
or of a federal statute or authority
under the constitution has. been
the subject of consideration by the
state court and has been sustained
in the former, or denied in the lat
ter case. All constitutional cues
lions arising in the federal courts
in the district courts or the circuit
court Of appeals may under exist
ing law be brought to the supreme
court as of right.
'"The new bill increases this dis
cretionary appellate Jurisdiction
now vested in the supreme court
80 that no case of any kind can be
taken from the circuit court of ap-
peals to the supreme court of the
United States without application
for a certiorari. Obligatory ap-
peals from all other courts subord-
mate to the supreme court of the