Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-08-11
Congress- Action
In Effecting Reform
Not BeSt-Taft

lU.-(by TIE lASSOCldleu
rendence upon action of Congress to
effect 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 Associ-
alton today.
THE failures of justice in this
country" said Chief Justice Taft, ''es-
pecially in the state courts, have been
more largely due to the Withholding
of power from judges over proceed
irgs before them than to any other
cause: and yet judges have to bear
the brunt Of criticism which is SO gen
Cral as II the results of present court
action. The Judges should be given the
power commensurate with their re-
spOnsIbility. Their capacity to re-
form matters should be tried to see
whether better results may not be at
tanned. Federal judges doubtless
have their faults, but they are not
chiefly responsible for the present de-
fcCts in tive 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.
Justice Taft said that litigation had
50 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, par
ticularly the Nolstcad act.
"A bill which provides for twenty
| four now district judges and one cir
cult Judge in the Fourth Circuit has
been reported to both Houses" he
continued. 1T 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.
"The now bill authorized a judicial
council Of ten Judges, consisting of
the Chief Justice and the senior as
| soCiate judge Of each circuit, which
is to meet in Washington the last
Monday in September, to consider re-
ports from each District Judge with
z description Of the character of the
| arrears, 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 year by which tho district
judges availablc for assignment may
be best used.
1T ends the absurd condition, I'M
der 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 attempting to got
through an impossible docket, and
another 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.
"Tho 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 a new bill amending the i'll
risdiction If the Supreme Court and
To urge its passage. 1t is nov pend
ing in both 1louSes of Congress- The
net Of 1891 introduced into the appel
late system q discretionary iurisdic-
ton of the Supreme Court over GER
tain classes Sf cases
"By the act of 1916, this discretion
airy power OF the Court was extended
ana its obligatory jurisdiction re-
duccd, 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 Su-
prone court as a matter Of right, arc
those in which the validity of a
state statute or authority or of a fCd-
cral 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 latter case. All consti-
tutional questions arising in the fed
oral courts, in the district courts or
the Circuit Court Of Appeals may I'M
der existing law be brought to the
Supreme court rs Of right.
THE new bill increases this dis
dictionary appellate jurisdiction now
vested in the Supreme court SO that
no case of any kind can he taken
from tho Circuit court Of Appeals to
the Supreme court Of the United
States without application for a CCrti-
Ofari. Obligatory appeals from all
other courts subordinate TO tho SUI
prone Court of the United States eX-
capt state Courts are also abolished
ana only review by ccrtiorari is pro-
vdcd This includes the Court Of
Appeals of the District of Columbia
and the Court Of Claims, as well as
the Territorial courts. Direct appeals
from the District Courts to the Su-
rrcmc- Court in iurisdictional and
constitutional questions are abolished
ana such questions arc TO reach the
supreme Court only through the Cir
cult Court Of Appeals These chang
IS. il is thought, VIII give the SUI
prcme Court such control over the
business that il can catch up with it's
docket.
"What l would suggest is that Con-
gross 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 a
list recommended by the American
Bar Association. to prepare and rec
ommcnd u Congress amendments to