Evening star., 1930-05-23
COURT SITUATION
DESCRIBED IN PLEA
FOR MORE JUDGES
Supporters of Bill to Relieve
Jam in District Heard
by Senators.
SUPREME COURT CLERK
TESTIFIES ABOUT WORK
Appeals Cite U. S. Litigation, City
Growth, Condemnations and
Divorce Trials.

The volume OF Government uClBatlon
arising here, the growth of local popu-
lation, the fact that divorce cases must
be heard before the court and con-
demnation work were among the rea-
sons given by local officials and mem
bers of the bar who appeared before a
Senate subcommittee today to support
the bills to provide for two more judges
in the District Supreme Court ana
two additional judges for the Court OF
Appeals. -.
Senator Steiwer, Republican, OF
Oregon, chairman, and Senator wafer
man, Republican, of Colorado, ques-
toned witnesses at length as 70 the
number of hours the judges Sit on the
bench each day and as to the detalieo
procedure In handling litigation In
Washington.
Frank e. Cunningham, clerk OF the
District Supreme Court, testified that
divisions Of District Supreme Court
convene at 10 o'clock, usually recess
from 1890 to about LIS and then con-
tinue until about $3.50 and sometimes
4 O'Clock. Occasionally, he said, they
run later.
Other Duties Are Cited.
Senator Steiwer expressed the belief
that district judges further away from
the Capital work longer hours than you
have outlined here" He added that
they probably require more OF counsel
and from juries.
Mr.. Cunningham and members OF the
bar told the subcommittee that the
hours spent on the bench do not repre-
sent all that the judges have to DO IN
the course of the day. They said the
Judges have other duties awaiting them
in their offices before and after court
time.
Those who attended the hearing in
support of the bills included Jesse G.
Adkins. former president Of the bar
association; Thomas P. Littlepage,
chairman of a committee of the bar
association; former Chief Justice j.
Harry Covington, j. A. Burkart OF the
Board of Trade: ]. S. Flannery, mem
Der of the bar, who studies the needs
of the Court of Appeals; District Attor-
new Leo A. Rover, Corporation Counsel
william Bride and Moncure Burke,
assistant clerk Of the Court Of Appeals.
Senator Waterman questioned Wit
nesses regarding the number Of motions
filed by lawyers, suggesting that many
of them are likely to be Of frivolous
nature.
Penalty for Trivial Motions Urged.
Mr.. Adkins said that in criminal
cases there may be some motions 1or
delay. but he did not believe that ap-
piled in civil cases. Mr.. Adkins ADDED
that when motions are nleo the Judges
must act on them.
Senator Waterman suggested that the
Judges could fix q penalty for counsel
who file trivial motions In pending
cases.
Replying to the discussion about the
number Of hours the judges spend on
the bench, Mr.. Littlepage declared It Is
a mistake to assume that the judges
work Is confined to those hours.
Senator Steiwar inquired II night ses-
sions are ever held. Mr.. Cunningham
said this happened only occasionally.
To emphasize the volume OF work,
Mr.. Adkins pointed out that today,
being motion day, there are lz4 mo
tions to be heard.
One Addition Since 1879.
witnesses told the subcommittee that
before the appointment Of one addi-
tional Judge by Congress last year there
had been no addition to the number OF
Judges since 1879, a period Of so years.
II was pointed out that the main pur-
pose of adding that Judge last year
was to take care of condemnation cases,
and Mr.. Adkins said that there is
enough of that work in sight to keep
a Judge busy for the next f1ve years.
This led Senator Waterman to ex-
press the belief that the adding Of a
Judge last year did not help any on the
general court work. Members Of the
bar called attention to the large volume
of cases relating to war veterans and
affairs of other Government depart
ments to show that the courts of the
District have an unusual variety OF
litigation that does not arise elsewhere.
Mr.. Cunningham told the subcom-
mittee that the District Supreme Court
is overwhelmed with pending work. He
said there are five judges sitting in the
various branches, one Ill and one
vacancy.
Senator Stephens, Democrat, of Mis-
sissippi, the third member of the sub
committee also took part in the hearing.