Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-07-14
Speeding Up Supreme Court Decisions
BY FREDERIC J. HAsKIN.

yers are not averse to having litigation
continued through as many courts As
possible and only refrain from appealing
cases to Heaven because there the fees
are not 30 good. -
1t will he seen that such procedure
tended seriously to congest the courts
and thereby clog the wheels of Justice.
Slow justice often means oppression.
Another important factor in crowding
the courts was the constantly increas-
ing number Of Federal laws enacted by
Congress. Such laws, covering the
whole country, multiplied the number
OF Federal questions. Prohibition, fer
instance, the law which has been more
fruitful Of litigation than any other
Of recent years is Federal phenome-
non and every prohibition case unless
specncally handled under a State pro
f11nttion law, can be maneuvered to the
Supreme Court.
Eliminate Superhuons Argument,
The jur1sdictionaI act defined more
closely what cases could be brought up,
with the result that this Summer finds
the courts docket in better shape than
It has been In for years.
Take the term Of court held inmedi-
ately before the jurisdictionai act BE-
came operative, the 1924-25 term. At
the beginning Of the term there were
462 cases on the docket, the carry-over
from the preceding term Of court. Dur
ing the term, 554 cases were docketed.
During that term the court decided
761 cases, leaving SIS cases for the fol-
lowing term. In this way the left-ovar
undecided cases had been pning up
year by year for q long time.
Then, with the tIrtsdictional act to
aid him, Chief Justice Taft speeded up
consideration of cases as far as posi-
Bile. Every effort was made, consistent
with justice, to shorten the time spent
In listening to argument. The Supreme
Court is not encouraging to lawyers
DESTROYS Of making -orations before It.
The court wants terse, concise state
n1ents setting forth the arguments as
briefly as possible Former Senator
James Hamilton Lewis, distinguished
lawyer. has stated that if that famous
constitutional lawyer, Daniel Webster,
should attempt to make some such
argument as that in the celebrated
Dartmouth College case before the Su.
preme Court as now constituted, Chlef
Justice Taft would certainly admoniSh
him to eliminate the oratory and get
down to brass tacks.
So successful was this speeding-up
process that when the court met last
october the number OF cases on It's
ing the 1928-2e term Of court 77S cases
were docketed, but, under the regime Of
short arguments and quick decisions.
s25 cases were decided. The court
recessed this year with only lab unde-
cided cases on its docket, and next
year It is expected this number VIII be
diminished.
Up until now, when case has been
appealed to the Supreme Court the Ett-
giants have been inclined to heave deep
signs and resign themselves to wait
two or three years for a decision.
Lawyers have had to stay on retainer.
But now things are different. At the
close Of this term Chief Justice Taft
declared: Il can say with respect to the
business Of the court that under the
benefcent act of February Is, 1928.
we have made such progress with the
business Of the court that think menu
bers of the bar are beginning to be q
little embarrassed by the proximity OF
the court to them In other words,
the court now Is In position where
quick decisions may be expected,
bringing litigation in any given case to
an end, for from the Supreme Court
Of the United States there is no appeal