The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-09-21
HIGH COURT
HASCASES OF
LITTLE IMPORT
Result Is Delay of Suits For
Sometimes Eighteen Months
Progress Is Slow

Washington, Sept. 2l.-The SUI
preme Court is making no material
progress in clearing its docket.
When it meets October l to begin
its next term it will find substantial
ly as many cases awaiting considera-
tion as year ago.
This condition is not due to lack
of effort, for no matter how fast
the court speeds up its disposition
Of cases the accumulation upon its
docket keeps pace. The real trou-
BILE, in the opinion of attorneys prac-
ticing before the court, is that the
appellate jurisdiction of the highest
tribunal is sought by many litigants
whose controversies do not present
questions worthy of its considera-
ton, and who should not be permit
ted to consume it's time.
Congress has from time to time at
tempted to solve the problem by
legislation, but laws are slow in re-
forming human nature. AS long Jas
the court is open to those who would
use it to delay the execution Of SEN
fences or take last desperate
chance to have an. adverse decision
reversed, its dockets will be crowd
ed with cases in which an appeal
is asked merely to postpone the in
evitable day when the prison doors
must close on the petitioner, or
when a judgment must be paid.
Owing to the congestion of bust
ness case filed today will not be
reached by the court for argument
within 18 months unless it is includ-
ed in that comparatively small num-
Der advanced for hearing out; OF
turn. Although substantially 100
more cases were disposed Of last
term than in 1918, the court docket
ed during that period so more than
in 1913, and had at the end Of the
term undisposed Of only 40 less
cases than it had at corresponding
period five years ago. The compar-
alive insignificance of this inroad
into the accumulation of business is
evident when it is known that the
number of cases annually .docketed
is in excess of 1000. Should the
court be able to maintain the pro-
gress made during the last five
years before its docket is cleared
It apparently was the original in
tention that the time of the court
would be given to the decision of
constitutional questions and legal
controversies of national Importance,
and the establishment of precedents
in disputed features Of new laws
But when Congress attempted to as
sist in that design by restricting
the causes in which lower courts
grant appeals, it really opened 9
new avenue for overcrowding. II
gave the court discretion to itself t.
determine when it would grant ap
peals in those cases in which appeals
were not granted by the lower
courts, so that now endless period!
of time are consumed hearing tn,
petitions of litigants whose conten
tions are found in the end to be O.
insufficient general Importance t,
warrant the supreme court in re
viewing them.
The court cannot determine wheth
err any particular application askini
an appeal under a writ of certiora,
4 possesses sufficient merit to- war
rant it without an examination o
the papers submitted. Each Justic
therefore must prepare himself
discuss the case at a weekly confer
ence, giving to each application sui
stantially as much time as would b
required to dispose of case by
formal decision. Those cases whic
the court does decide to hear mus
then be studied q, second time whe
they come up for argument and d.
cision. I.s~