Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-08-10
TAFT ASKS MORE
POWER FOR JUDGES
Tells Bar Association Authority
Should Be Commensurate
With Responsibility
AMERICAN IDEALS URGED
b. Associated Press

b. Associated P~en
San Francisco. Aug. 10.-Dcpendcnce
upon action of Congress TO remove de-
lays and TO bring about speed in the ad
ministration Of justice ''has not brought
the best results and some different mode
should be tried" Chief Justice Taft
told the American Bar Association to-
day.
The failures Of Justice in this coun.
try said Mr.. 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 il so general as to the results of
present court action. The Judges should
be given the power commensurate with
their responsibility. Their capacity TO
reform matters should be tried to see
whether better results may not be at
tained. Federal Judges are not re-
sponsible for the present defects in the
administration of justice in the Federal
Courts. Let Congress give them an
opportunity TO show what can be done
by vesting in them sufficient discretion
for the purpose.
Litigation Increasing
Justice Taft said that litigation had
50 increased that even in fields always
occupied hv the Federal Courts the
judicial fore" has proved inadequate.
He remarked that additional burdens
had followed the enactment of new
statutes. particularly 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 10 both Houses" he con-
tinued. 1T is opposed, and will doubt
less lead to discussion; but it seems
likely that the bill will pass before the
close of this Congress.
The new bill authorized judicial
council Of ten Judges. consisting of the
Chief Justice and the senior Associate
Judge of each circuit, which is TO meet
in Washington the last Monday in Sep
t"mber. 70 consider reports from each
District Judge with a description of the
character Of the arrears and n recon-
mondation as to the extra judicial force
needed in his district. The conference
thus called is TO consider at large plans
for the ensuing wear by which the Dis
trict Judges available for assignment
may be best used.
Supreme Courts Bill Pending
THE members of the Supreme Court
nave DptOllt so ANXIOUS 10 uNOlu an
other congestion like that of the decade
before 1891 that they have deemed it
proper themselves to prepare q new bill
amending the jurisdiction Of the Su-
nrcme Court and to urge tts passage.
II is now pending in both Houses of
Congress. The act Of 1891 introduced
into the appellate system a discretionary
jurisdiction Of the Supreme Court over
certain classes of cases.
''What ! would suggest is that Con-
gress provide for commission. to be
- appointed by the President. of two
Supreme Court justices. two Circuit
Judges. two District Judges and three
lawyers of prominence from lisr
recommended by the American Bar
Association, 10 prepare and recommend
70 Congress amendments TO the present
statutes OF practice and the judicial
code authorizing a unit administration
of law and equity in one form of civil
action.
The oct should provide for per-
manent commission similarly created
with power to prepare system of rules
Of procedure for adoption by the Su-
preme Court. Power 70 amend from
time to time should also be given. The
rules and their amendments. after ap-
proval by the court, should be sub
mitted 70 Congress for its action, but
should become effective in six months.
Il Congress takes no action. In this
way the procedure would be framed BY
those most familiar with It and by
those whose duty it is TO enforce it.
Bureau for American Ideals
Establishment of a bureau to further
American ideals and 10 Offset a grow
ing tide Of anti -Americanism which was
declared 70 be arousing great prejudice
against the courts and the Constitution,
was recommended 10 the association BY
Its Committee on American Ideals.
The report was presented by Judge
Martin Wade. of the United States Dis.
trict Court of Iowa. The other mem
ance, Of St. Paul, MINI. president Of
the American Bar Association; Major
Edgar b. Tolman, Chicago; Walter
George Smith, Philadelphia r. +. J.
Sancr. Dallas, Tex, and Judge An
drew 4. Bruce. Minneapolis.
MANY OF our people are convinced
that the Constitution was intended as
an aid to the rich and powerful" the
report said, that it affords unwar-
ranted immunitleS to the railroads and
other great corporations. and is an in
strumeut Of oppression TO the poor.
They do NOT know that the consti-
tutional limitation invoked by the corr
poration 10 protect its property in time
OF danger il exactly the same limitation
rpon which TIE widow, the working
man and tho farmer rely to guard their
possessions against wrongful invasion.
They do not know that no man ia
so poor or so obscure that he cannot.
in the event Of threatened injury, turn
TO the Constitution as his protection
against the wrongful acts Of the rich
and socially prominent. Because in
functions are issued in certain cases,
Judges are bitterly criticized. when TO
deny the right of injunction would be
to violate the oath the Judge has taken
to administer the law as IL is.
Confidence in the courts must be re-
vived. Resistance TO authority is re-
sistance TO the will Of the people who
can have any law they desire, provided
they take pains TO organize and crystal
iize public sentiment.
'1The proposal by United States
Senator that legislative bodies be-
clothed with supreme power can mean
nothing less than the destruction Of our
written Constitution. Under such A
proposal the American people are gunr-
anteed freedom of speech and action
only until some legislative body declares
otherwise -