Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-08-11
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SNN FRANC lS'o. CAL. Aug. 10
Dependence upon action Of Congress
I" effect reform to remove delays
and To bring about speed In tn" ad-
m!niStrati"n ~ Jus'ic" has no,
brought tn" best results and som"
different mode SHOULD b" tried" vii
liam Howard TAFT. chief Justice OF
tn" United States. told the American
Bar Association today
'Th. failures ~ justice IN this
country" said chief Justice TAFT. "es-
pccialIy in tn" state courts. have
been more largely due Ia the with
he!hinE "f power from Judges over
proceedings hcfor" Them than to any
other cause. and yet Judges have TO
bear tn. hrunt OF criticism which is
so general as To TIN" results OF pr".-
cnt court action. The Judges should
he given the power commensurate
with their respous Utility Their ca
rncity TO reform matters should be
tried TO see whether better results
may not be attained. Federal judge,
doubtless have their faults but thev
ar" not chiefly responsible for the
present defects In the administration
OF justice in the Federal courts Let
TO show what can be done 10y vest
ing in them sufficient discretion for
the purpose"
Justice Taft said that Irrigation
had so Increased with the increase ~
tho general business of tho country
that even In fields always occupied
by the Federal courts. tho judicial
force had proved inadequate lie re
marked that additional burdens had
followed tn" enactment OF new
statutes. particularly the Volstead
act
To EnlnrGc Judicial stan.
"A bill which provides for twenty
four new district judges and one
circui1 judge In the Fourth Circuit
has been reported TO both houses" he
continued. 1t is opposed, and will
doubtless lead 10 discussion. but In
view Of the previous votes in the
two houses. II seems likely that the
bill will pass before the close OF
this Congress
The new bin authorized judicial
council OF ton judges. consisting OF
the chief JustiC" and the senior as
social. judg" Df each circuit. which
is TO meet in Washington tho last
Monday In Scpt"mh"r. To consider re-
ports from each district Judge with
description OF the character OF tho
arrears. and a recommendation IA
I" tn" extra judicial force needed In
his district. The conference thus
called IS io consider at large plans
for the ensuing year hy which IN.
district Judges available for assign
ment may h. best used.
1t ends the absurd condition un-
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 get
through an impossible docket. and
another has let his arrears grow. in
Il calm philosophical contcmplat ion
OF them as an inevitable necessity
that need not cause him TO lie awake
nights.
The 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 10
prepare a new bill amending the
Jurisdiction Of the Supreme Court
and to urge its passage. 1t is now
pending In both houses Of Congress.
The act OF 1891 introduced into the
Jurisdiction OF the Supreme Court
over certain classes OF cases.
Extends Discretionary Power.
Try the act Of 1916 this discrction-
AIRY power Of the court was extended
ana it's obligatory jurisdiction re-
ducrd. 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 SUI
prcmc Court as matter Of right
are those In which the validity of Il
state statute or authority of a Fed
erai 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 CON
stitutional questions arising in the
Federal courts-that is. in the dis
, trict courts or the Circuit Court OF
Appeals subject to review. may, I'M
der existing law, be brought to the
supreme court as OF right.
THE new bill increases this dis
cretionary appellate Jurisdiction now
vested in the Supreme Court, so that
no case of any Kind can be taken
from the circuit Court % Appeals to
the SUPREME Court of the United
states withou, application for a
crrti"rari. Obligatory appeals from
all other courts subordinate to the
United states supreme Court. except
from the Federal district courts In
limited class OF cases and from
tho state courts are also abolished
and only review by certiorari is pro-
vidcd This includes the Court OF
Appeals OF the District Of Columbia
and the Court OF Claims, as we'll as
the Territorial courts. Direct ap-
peals from the district courts to the
supreme Court In jurisdictional and
constitutional questions are abolished
and such questions are TO reach the
Supreme Court only through the Cir
cuit Court OF Appeals. These
changes. IL is thought. Will give the
supreme Court such control over tho
business that IL can catch up with
!t' docket.
"Wha., would suggest IL that Con-
:r":S pr0SJtr' Tor n commission, IN
|, be. aDun.rlrigby The Pre- IiIant NJ tu,,