The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-08-10
Justice Taft of Supreme Court
Gives Views at Frisco.
Congress Too Slow, To Provide
Real Relief, He Declares.
JUDGES NEED MORE POWER
Failure of Justice Due to This
One Cause the Most.
Supreme Courts Bill Before
Congress, Is Advocated.
tBy The Assoeiated Press.l

San Francisco, Aug. 1O.-Depen-
dence upon action of congress to ef-
feet reform to remove delays and to
bring about speed in the administra-
ton 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.
1.-THE failures of justice in this coun-
n.y. said Chief Justice Taft, "espe-
cially in the state courts, have been
more largely due to the Withholding
of power from judges over proceed
ings before them than to any other
causei and yet judges have to bear the
brunt of criticism which is so general
as to the results of present court ac-
ton. The judges should be given the
power commensurate with their re-
spopsipility. Their capacity to reform
matters should be tried to see whether
Federal judges doubtless have their
faults, but they are not chiefly re-
sponsibIe for the present defects in
the administration of justice in the
them an opportunity to show what
can be done by vesting in them suffi-
client discretion for the purpose"
Federal Court Deficient.
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 inadequate. He remarked that
additional burdens had followed the
enactment of new statutes, particu-
larly the VOlstead act.
"A bill which provides for twenty
four new district judges and one cir
cult Judge in the Fourth circuit has
been reported to both houses" he con-
tinued. at is, opposed, and will
doubtless lead to discussion; but IN
view of the previous votes IN the two
houses. IT seems likely that the Dill
will pass before the close of this con-
sress.
'~rhe new bill authorized a judicial
council of ten judges. consisting OF
the chief justice and the senior asso-
ciate Judge of each circuit, which is
to meet in Washington the last Mon
day in September, to consider reports
from each district Judge with de-
scription of the character or the ar
rears and a recommendation as to
the extra judicial force needed in his
district. The conference thus called
in to consider at large plans for the
ensuing wear by which the district
Judges available for assignment may
be best used
Calls Present Condition Absurd.
'sIt ends the absurd condition, un-
der which each district judge has had
as much business as he thought
proper. Thus one judge has broken
himself down in attempting TO get
thru an impossible docket. and an
other has let his arrears grow, in a
calm philosophical contemplation OF
them as an inevitable necessity that
need not cause him to lie awake
nights.
have become so anxious to avoid an
other congestion like that of the dec
ade before 1891. that they have deem
ed it proper themselves to prepare a
new bill amending the jurisdiction or
the supreme court and to urge Its
passage. 1t is now pending In botn
houses of congress. The act of 1871
introduced into the appellate system
a discretionary jurisdiction of the su-
preme court over certain classes of
Court Has Discretion.
by the act of 1916. this discretion
and its obligatory jurisdiction re-
duced. as to review of state court
Judgments. so that now the only cues
lions which can come by writ OF err
ror from a state court to the supreme
court as a matter of right, are those
in which the validity of a 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 sus-
tanned in the former, or denied In the
latter case. All constitutional Ques-
tfons arising in the federal courts, in
the district courts or the circuit court
of appeals may under existing law be
brought to the supreme court as of
right.
THE new bill increases this discre-
tionary appellate jurisdiction now
vested In the supreme court so that
no case OF any kind can be taken from
the circuit court of appeals to the
supreme court of the United States
without QnnllCatiOn q
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