The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-08-27

OF the decade before 1891. that they
have deemed It proper themselves to
prepare a new bin amending the
Jurisdiction OF the supreme court
and TO urge ijs passage. u Is now
pending iu both houses of congress-.
The act Of 1891 introduced into the
appellate system discretionary
Jurisdiction Of the supreme court
over certain classes ot eases.
by the act OF 1916, this disCre-
tionary power OF the court was OK
tended and its obligatory jurisdic-
ton reduced. as 20 review OF state
court judgments, 80 that now the
only question which can come by
writ Of error from n state court to
the supreme court as a matter Of
right. are those In which the validity
OF state statute or authority or Of
Ia federal statute or authority under
tHc constitution has been the sub
ject OF consideration by the state
court and has been sustained I'm the
former or denied In the latter case.
All constitutional questions arising
in the federal courts in the district
courts or the circuit court Of appea Ia
may under existing law he brought
TO the supreme court as Of right
The new bin increases this discre-
.tionary appellate jurisdiction now
vested In the supreme court SO that
no case of any kind can he taken
from the circuit court OF appeals to
iho supreme court OF the United
states without application for a
certorari Obligatory appeals from
an other courts subordinate TO the
supreme court OF the United States
except state courts are also abolished
and only review by ccrtiorarI Is pro-
yidcd This Includes the court OF
appeals of the District or Columbia
and the court Of claims, as well as
the territorial courts Direct appeals
from the district courts to the su-
promc court I'm iurislictional and
constitutional questions are abol-
!shed and such questions are to
reach the supreme court only
through the circuit court Of appeals.
These changes, IL is thought, will
give he supreme court such control
over the business that It can catch
up with It's docket.
what would suggest IL that
congress provide for commission,
to be appointed by the president. OF
TWO supreme court justices, two cir
cut judges, two district Judges. and
list recommended by the American
Bar association, to prepare and rec
ommond to congress amendments 10
the present statutes OF practice and
the judicial code, authorizing a unit
administration Of law and equity in
one form Of civIl action. The act
should provide for q permanent
commission similarly created. with
power 10 prepare a system OF rules
OF procedure for adoption by tho
supreme court. Power 10 amend
from time to time should also be
given. The rules and their amend
ments, after approval by the court,
should be submitted 20 congress for
It's action, but should become effect
I've in SIX months. IL congress takes
no action. In this way the proceed
ure would be framed by those most
familiar with 1t and by those whose
duty IL Il to enforce IL. The advan-
tage Of experiment in the laboratory
of the court would furnish valuable
suggestions FOR lettering the sys-
tenn. The important feature OF such
a system is that needed action by the
commission and the court will be
promptly taken and the necessary
delay in a congress crowded with
business may be avoided"