New-York tribune., 1922-08-11
Taft Advocates
Giving Judges
Wider Powers
Tells Bar Association That
Failure of Justice Is Due
to Too Little Authority
Being Vested In Courts
Coolidge Relies ON People
Upholds Supreme Bench as
Guardian of Liberty; Says
Public Should Govern

SAN FRANCISCO, Aug. 10 (By The
Associated Press).--Fayoring COM
mission to recommend to Congress
amendments to the judicial code Will
lam Howard Taft, Chief Justice Of the
United States, In an address before the
American Bar Association to-day, de-
Tended the courts from cticicism Of the
alleged failures of Justice in this coun-
try. At the evening session Vice-pres-
ident Coolidge upheld the power of
the Supreme Cour. and attacked the
proposal to give Congress power to
make valid by re-enactment law de-
cIared unconstitutional.
"The failures Of justice In this coun-
try" said Chief Justice Taft, "os-
pecially 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
cause; and yet Judges have to bear
the brunt of criticism which is SO
general as to the results of present
court action. The judges should be
given the power commentaries with
their responsibility. Their capacity to
reform 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 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 dis
erection for the purpose"
Judicial Force Is inadequate
Justice Taft said that litigation had
SO increased with the increase Of the
general business OF the countrv 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, particularly
the Vo!stead act.
THE members OF the Supreme Court
nave become so anxious to avoid aroth er
congestion like that of the decade be-
fore 1891" he said, chat they have
deemed it proper themselves to pre-
pare a new bill amending the jurisdic-
ton of the Supreme Court and to urge
It's passage. 1t is now pending in both
houses Of Congress.
What l would suggest is that Com
gress provide for a commis issiou, to be
appointed by the President, Of two Su-
preme Court justices, two circuit
judges, two district judges and three
| lawyers Of prominence from list rec
| commended by the American Bar Asso-
citation, to prepare and recommend to
Congress amendments to the present
statutes Of practice and the judicial
code. authorizing q unit administration
OF law and equity in one form of civil
! action. The act should provide for a
permanent commission similarly Gre
ated, with power to prepare g system
OF rules Of procedure for adoption by
the Supreme Court. Power to amend
from time to time should also be given.
The rules and their amendments, after
approval by the court, should be sub
rnitted to Congress for it's action, but
| should become effective in six months
ii Congress takes no action
Coolidge Relies on Public Spirit
Vice President Coolidge declared that
it is time TO supplement the appeal to
law, which is limited, with an appeal
to the spirit Of the people, which is
unlimited
"No reliance upon the national char
| acter has ever been betrayed" the
| Vice~President asserted, "but our coun-