Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-08-11
Strike of Maintenance Forces

ed it proper themselves to prepare a
new bill amending the jurisdiction OF
the supreme court to urge its passage:
It is now pending in both houses OF
The act of 1891
into the appellate system a discretlon.
ary jurisdiction of the supreme court
over. certain classe of eases.
by the act of 1916. this discretion,
ary power of the court was EXTENDED
and its obligatory jurisdiction reduc-
ed. as TO review of state court Judge
ments, so that now the only question
which can come by writ of error from
a state court to the supreme court as d
matter Of right, are those in when me
validity Of a state statute or tnofit
under the constitution has been n
subject of consideration by the state
court and has been sustained IN the
former. ordained in the latter case.
All constitutional questions arising III
the federal courts. that is. in the us.
trict courts or the circuit cOurt or
appeals, may. under existing law. De
brought. 10 the supreme court ds OF
right.
THE new bill increases this discre-
t~ionary appellate jurisdiction now vest
ed in the supreme court. so tnat no
case of any kind can be taken from
the circuit court of appeals to the
supreme court of the United States
without application for a cernorari
Obligatory appeals from all other
courts subordinate TO the supreme
court of the United States except from
the federal district courts In a limited
class OF eases from the state courts
are also abolished and only review oy
certiorari is provided. This includes
the court Of appeals of the Dlstrlct
of Columbia and the court OF CLAIMS
as well as the territorial courts Di-
rect appeals from the district courts
to the supreme court in Jurlsdlct1ona
and constitutional questions are IDOL
ished and such questions are TO reach
the supreme court only through the
circuit court of appeals. These changes
it is thought. will give the supreme
court such control over the business
that it can catch up with its docket.
VIVA | would suggest is that con
gress provide for a commission. TO be
appointed bv the president. of two SUI
preme court justices. two clrcult court
Judges. and three lawyers of proni-
npnce from a list recommended by the
American Bar association to prepare
and recommend to congress amend
ments to the present statutes OF prac-
tee 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 com
mission similarly created with power
to prepare a system of rules of pro
cedGre 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 submitted to
congress for it's action but should be
come effective in six months, If con
gress 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 il. The adj
vantage of experiment in the labora-
tory Of the court would furnish valu-
able suggestions for lettering the sys-
TEN The important feature of such a
system is that needed action by the
commission and the court will he
promptly taken and the necessary delay
in a congress crowded with business
may be avoided"