Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-08
RY WALTER II. ATKINS.

"EDERAL Courts all over tn,
- United States begin their 1872!
term under performed procedure
Il designed 20 end one OF the wors
log-jams .. court CONGESTION il
the cotlntry's history.
Wholesale dropping at once from
the dockets of dead cases." both oi
criminal and civil character, which
have been pending a year and are no,
ready for trial, will he ordered by Fed
eral iurists.
Federal iurists will invoke new rules
to wine the legal records clean of a
great mass of litigation which has
clogged the courts. crippled their func
tions and defeated the ends of justice
Judicial red tape" will be slashed
right and left to clear court channels
for quicker. decisions and speedier
trials of offenders.
Chief Justice William Howard Taft
and the senior Federal Circuit Court
justices have sanctioned the drastic
methods which Federal jurists will fol.
low, and the latter will have the co
operation of Attorney General John
G. Sargent, and the entire machinery
Of the Department OF Justice.
Prohibition law cases. chiefly those
In the criminal class. are held by Fed.
eral Jurists 10 be chiefly responsible
for court docket congestion. This Is
made clear hv official records of the
courts. showing that the largest class
Of dead cases" now pending, or those
in which prosecutions would he futile.
grow out of indictments for the manu-
faCture. sale. transportation or Illegal
possession of intoxicating liquors.
Such cases represent probably more
than so per cent of the criminal liti.
cation before the courts.
Dry law Cases Collapse.
Fully $4,000 dry law cases will be
nolle-prossed by Federal district at
torneys. under dismissal orders Of Fed
eral Judges. because they have been
in the dockets for. one or two years,
or even longer. and the Governments
evidence has collapsed. Most of them
are for violations of the criminal pro-
visions of the dry statutes.
The dropping of such cases. along
with cases in other classes. will have
revolutionary effect in quickening
the processes of the Federal tribunals.
for the more expeditions handling of
litigation. especially cases arising from
violations of the various criminal
statutes. The policy OF striking mac
tive cases off the records will have a
far-reaching effect also in advancing
the trial dates Of the large number of
important active" criminal cases now
pending, including those involving vio-
lations of the national prohibition
law and other statutes.
Officials estimate that perhaps as
high as Sc. 900 cases of all kinds will
be affected by dismissal orders. Be-
sides the $4,000 dry law cases, in the
criminal divisions. scheduled for dis
missai, there are probably between
5000 and 10 600 civil suits that are
virtually dead" and subject to prompt
dismissal Besides. there are probably
not less than 10000 other miscel!ane.
Gus actions. apart from the criminal
and civil calendars. due for dropping.
In New York State alone, there ara
about S.oDa criminal and civil cases
long pending which probably will be
dropped from the dockets.
Adoption by Federal district judges
N all States OF an arbitrary rule
effective at the opening of the present
January terms, providing for imnedi.
ate dropping of cases one year old
that are not ready for trial. followed
recnBt analysis of court conditions
by circuit judges. This survey dis
closed that in some of the larger dis
tricts 90 per cent % the Ca ses pending
were absolutely dead" because wit
nesses regarded as essential TO sue.
cessfui prosecution had disappeared
or because evidence built up by prose
cutors was Of such fiimsy character
as would fail TO support pleas for con.
viction at trials. Taking all districts
Is a whole. for the entire country
circuit judges report that dead cases
Of all kinds piled up on the dockets
constitute an average of about Al per
cent Of all existing litigation before
the FEDERAL n1ifrfg