Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-18
LACK OF JUDGES
FOR D. c. COURTS
TOLD AT HEARING
House Subcommittee Urged
to Recommend Appointments
to Relieve Congestion.
CASES ON THE D0CKETS
PENDING THREE YEARS
Relief Asked for Appellate Tri-
bunal as Well as for
Lower Courts.

Additional judges both for the Dis
trict Supreme Court and the Court of
Appeals in the District were assured
during a hearing today before a sub
committee of the House judiciary COM
mittee on four bills to relieve court con-
geStion.
Two of these bills were introduced by
Representative Gibson, Republican, Of
Vermont as a result of the investigation
made by the Gibson subcommittee of
the House District committee, of which
he was chairman. Representative Glib
sons bills provided for two additional
judges for both the Supreme Court and
the Court of Appeals. Another bill, by
Chairman Graham of the judiciary
committee. authorized the appointment
of one additional justice for the Su-
preme Court, and a bill by Representa-
tive Guyer of Missouri, member OF
the judiciary committee, provided for
appointment of two additional judges
Jesse. C. Atkins Gives Views.
Jesse c. Atkins, representing the Dis
trict Bar Association, argued in favor
of the bill for increasing the District
Supreme Court bench to two additional
justices. He pointed out that the Su-
preme Court is almost three years be-
hind in its trial work.
j. S. F1annery, also representing the
District Bar Association, spoke in favor
Of an increase in the number Of judges
for the Court of Appeals.
Representative Gibson spoke in favor
of two additional judges for both the
District Court and the Court of Appeals,
as did Thomas Littlepage, prominent
Washington lawyer.
Gibson Outlines Condition.
Representative Gibson told the sub
committee that q tabulation shows 1886
cases on the docket of the Court of
Appeals as of February /, 1880, and that
there are 2,8l6 cases of all kinds on the
docket of the Supreme Court. The
argument in favor of two additional
judges to the Court of Appeals, was on
the ground that while patent and
customs cases have been removed from
this court, by the addition of radio
cases, the congestion has not been
relieved
Representative Gibson brought out the
fact that in addition to the work of
actually holding court last year, the
justices of the Supreme Court passed on
8,719 probate documents submitted to
the court by the register of wills and 456
appraiSementS of estates involving
property valued at S17,636, $50.
He emphasized that the District Su-
preme Court justices are called upon
to do much work aside from actually
hearing cases from the bench.
Docket Increase Stressed.
Comparing the work of the District
Supreme Court In 1879, when the court
was established with six justices, and
with the work in 1929, when the court
had seven justices, Representative Glib
son pointed ont that the law cases have
increased from LOB to 1887; lunacy
cases from 482 to l,431; equity cases
from to 437; District cases from 10
to 40; criminal cases from ATS to 1922,
and naturalization cases from 81 to All.
Rover Unable to Testify.
District Attorney Leo A. Rover was
present during the hearing, but the
hearing was closed before he was called
upon to testify. Lieut.. Col. j. Miller
Kenyon. president of the District Bar
Association, was the concluding wit
ness. Attorneys Atkins and Flannery
devoted their testimony to statistical
records showing the serious congestion
In both courts. Attorneys Littlepage
and Kenyon devoted their testimony to
the practical side of court procedure
and practice and to answering Ques-
tons asked by the members of the sub
committee.
Col. Kenyon spent most of his time
In answering a criticism that the
justices in the District Supreme Court
do not spend much time on the bench
He pointed out that an opinion given
practically offhand by a justice when
he is tired at the end of long day on
the bench would not be valued very
highly. In order for a justice to give
a proper decision he should have time
to carefully consider the testimony and
the law when his mind is fresh rather
than when 1t is fatigued by long hours
on the bench.
Col. Kenyon also called to the at
tention of the subcommittee that it is
now very difficult to get substantial
men and women to serve as jurors and
that 1t would be increasingly difficult
if the court was in session for longer
hours.