Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-05
JUSTICES FAVOR
ADDING TO BENCH
Capper Bill for Two New
Judges to Relieve Congestion
in District Is Approved.
BY THOMAS NJ. HARVEY.


congested condition Of litigation in the
District Supreme Court and the action
of Senator Arthur Capper, chairman Of
the Senate District committee, in
promptly introducing bill for tvs ad-
ditional justices have met with the Rsn-
eral approval Of Chief Justice Mccoy
and the associate justices of the court,
as well as United States Attorney Leo
A. Rover.
All these court officials are unanimous
in their view that it is by additional
justices only that any appreciable in
roads may be made into the congestion
daily piling up, which tends to throttle
justice, and in many cases amounts to
denial of justice to local litigants.
Directors of the Bar Association and
individual lawyers are also in hearty
accord
With 5000 civil cases standing on the
dockets, including lawsuits, marital diff
flculties and other equity cases, and
with 756 indictments undisposed of,
there is presented for seven justices a
task of herculean proportions. With
the addition of two justices a third
criminal division might be established
and the other new justice might take
over the task of signing all eX parte
orders and hearing all contested, mo-
lions and other preliminary stages
through which suits must pass before
reaching the calendar for hearing.
Hard Task for One Man.
This latter assignment. of course
would be stupendous task for one JUS
tlce, II required to stay on that assign
ment Tor any appreciable term, but by
switching of justices this work would
be made less irksome. The method
suggested would increase by IS per cent
the ability of the four trial justices to
make 1nroads into the congestion by
giving them five court days for trial.
Onder the present regime they have
only -FOUR days each week, being re-
CURED to give all of Friday and often
saturday in the hearing of motions, to
say nothing of the hours of study at
night when knotty questions develop
that require examination of legal au-
thoritieS.
Nearly three years ago Justice Fred
erlck l.. Siddons, who had been a local
practltloner before his elevation to the
bench, recognized the condition now
existent and which then was beginning
10 De displayed. Writing in the Ma
Ilonal University Law Review of
January l, 1927, he described the strlg-
gle OF the justices at that time to bring
cases to trial before the witnesses and
AtlgantS had died or had been lost
sight or, The justice declared the
struggle is vain one and relief to liti-
ganCs ana TO those subject to judicial
action should be given by increasing
the number of justices of the court"
Points Out Congressional Acts.
The justice pointed out in that article
that it was by act of February rs. 1879.
mat Congress added an additional JUS
tlce to the District Supreme Court.
making total of siX-one chief JUS
Clce and five aSSociateS-and the num-
Der of justices has continued for a ne
ROO OF nearly so years, until the recent
aodltlon OF Justice Alfred A. Wheat,
making a seventh member of the bench.
from the time when the court became
composed OF six justices until the es-
adjustment of the Court of Appeals, in
1893, there were three justices usually
available for trial work and three sit
ClIlg IN the general term, who heard
appeals from the three other justices.
Long before the establishment of the
Court of Appeals" wrote Justice Sid
oonS, the increase in the volume of
judicial business, with the limited num-
Der OF justices holding trial or special
sessions, necessarily produced DELAYS in
the disposition of cases ready for trial.
and by the time the Court of Appeals
was established the period elapSing be-
tween the time when a case was ready
Tor trial and when called for trial grad
ualiy heightened, until in 1893 this pc
Rod averaged between Is and Ia
months. The establishment of the
Court of Appeals released three more
justices from appellate duties and added
them to the number of trial Justices in
substance and effect doubling the num-
Der OF trial courts.
Time OvercOmes Relief.
This brought relief for a time. but
more than 33 years have passed since
the Court Of Appeals was established
(now SO years., and the growth of pop
ulation in the District, the great in
crease in litigation and, sadly enough,
the increase in the commission of crime,
together with many new acts of Con-
gresS to be interpreted, construed and
enforced in this court, has resulted in q
constant struggle on the part of the
justices to keep up with the work of
the court without such delays of justice
that too often amount to a denial Of
Justice. In the opinion of the writer,
the struggle is vain one. and relief to
litigants and to those. subject to judi
clal actlon should be given by 1ncreaS-
ing the number of justices Of the court"
Pending indictments are more than
four years behind in many cases, and
some even as much as six years. In the
civil courts, cases heard in October had
been on the trial calendar for an aver
age OF two years and one was begun in
1914, while in Equity Court there now is
on the trial calendar a suit begun in
1920.
Attorney General Mitchell soon will
transmit to Chairman Capper of the
Senate District committee comprehen-
Sive set of suggestions for the improve
ment OF law enforcement In the Dis
trict of Columbia.
The Attorney General was busy TODAY
with a consideration of the problems OF
law enforcement in the District, which
President Hoover recently declared in
his annual message to Congress should
be the medel city law enforcement
in the Nation"
The Attorney Generals reply, it was
learned today, will be a frank and
specific answer to the request of Sem
ator Capper for recommendations.