The American issue. [volume] (Westerville, Ohio) 1912-19??, 1925-12-12
PROPOSAL TO ESTABLISH FED
ERAL POLICE COURTS

of the repeal of the State Prohibition En-
forcement Code, United States District
Attorney Bucllen has advanced the pro-
posal to enlarge the jurisdiction of United
States commissioners to- in effect, make
them federal police courts for the trial
of prohibition cases. This suggestion is
not new. The same plan was under con-
sideration in 1921. At that time the at
torney general appointed a committee
consisting of Federal Judges Safer, Pol
lock and Grub and United States Dis
trict Attorneys Hayward of New York
and Clyne of Chicago, to make survey
: of the situation and make recommended
tons for the most feasible method of
charging the judicial machinery to meet
the increasing needs of the federal gov
eminent throughout the country, owing
to the increase in the number of cases
growth out of the war acts of Congress,
prohibition and other legislation, which
had enlarged the jurisdiction of the fed
eral courts.
After studying the question the COM
mittee rejected the proposal to create IN
feror federal judges, but recommended
the appointment of additional district
Judges to be known as district judges-at-
large, who could be assigned by the chief
Justice of the United States to those ted
eral districts where additional Judges
were necessary for the more prompt dis
patch of public business.
The result was the passage OF the ACT
of Congress Of September IA, 1872, which
provided for the appointment of twenty
tbree additional district judges. Con-
gress in the act providing for the add
tional judges did not follow all OF the
suggestions made in the report OF the
Judges and district attorneys. Instead OF
providing that the additional judges
should be judges at large, the new judges
= were required to be appointed for deslg-
mated districts. A provision was included
in the act, however which required the
holding OF an annual conference to be
called by the Chief Justice OF the ou-
preme Court of the United States and at
tended by the senior circuit judge OF each
of the circuits. At these conferences re-
ports are required to be submitted on the
state of business in the various federal
courts throughout the country. The con
ference is also required to provide tor the
assignment and transfer OF judges IN such
manner as will best permit the dispatch
of business in the federal courts. The
act also permits the senior circuit Judge
in any circuit to assign any district Judge
within his circuit to any particular local
ity in which the state of the docket may
require an additional judge. Whenever
it is impossible to secure sufficient
number of federal judges from within
single judicial circuit to meet the neces-
sary requirements for public service, 1t is
provided that the senior circuit judge OF
that circuit may file, with the chief JUS
tice of the United States, certificate OF
need and the chief justice, if in his judy
ment he deems it necessary, may assign
Judge from an adjoining circuit or II
that be impracticable then he may assign
a Judge from any judicial circuit with
this qualification, however, that before
Il. lit ;,e+;ca can ASSIGN n Judge from