Evening star., 1937-02-05
SLOW PROCEDURE
OF CASES CITED
Increased Personnel Ur-
gently Recommended
to Roosevelt.

The following is the text of Attorney
General Cummings letter to President
Roosevelt outlining the need for all
Increased judiciary:
February 2, 1887.
The President
The White House.
MY dear Mr.. President:
Delay in the administration OF
Justice is the outstanding defect OF our
Federal judicial system. 1t has been
q cause of concern to practically every
one of my predecessors in Office. 1t
has exasperated the bench, the bar,
the business community and the
public.
The litigant conceives the Judge as
one promoting justice through the
mechanism of the courts. He assumes
that the directing power of the judge
is exercised over its officers from the
time a case is filed with the clerk OF
the court. He is entitled to assume
that the Judge is pressing forwald d
litigation in the full recognition Of the
principle that Justice delayed IS
Justice denied" 1t is a mockery OF
Justice to say to person when lie
files suit, that he may receive a de-
cision years later. Under properly
ordered system rights should be de-
termined promptly. The course OF
litigation should be measured III
months and not in years.
Yet in some jurisdictions the de-
lays in the administration of justice
are SO interminable that to institute
suit is to embark on lifelong ad-
venture. Many persons submit to acts
of injustice rather than resort to the
courts. Inability to secure a prompt
judicial adjudication leads to i'm
provident and unjust settlements.
Moreover, the time factor is an open
invitation to those who are disposed to
institute unwarranted litigation or in
terpose unfounded defenses in the hope
of forcing an adjustment which could
not be secured upon the merits. This
situation frequently results in extreme
hardships. The small business man
or the ntigant Of limited means labors
under a grave and constantly increas-
ing disadvantage because of his in
ability to pay the price of justice.
Cites Case Delays.
Statistical data indicate that in
many districts a disheartening and
unavoidable interval must elapse be-
tween the date that issue is joined in
a pending case and the time when it
can be reached for trial in due course.
These computations do not take into
account the delays that occur in the
preliminary stages of litigation or the
postponements after case might nor
mally be expected to be heard.
The evil is a growing one. The
business of the courts is continually
increasing in volume, Importance and
complexity. The average case load
borne by each judge has grown nearly
SO per cent since 1918, when the Dis
trict Courts were first organized on
their present basis. When the courts
are working under such pressure it
is inevitable that the character of
their work must suffer.
The number Of new cases offset
those that are disposed Of. so that
the courts are unable to decrease the
enormous backlog of undigested mat
ters More than $4,000 pending cases
exclusive of bankruptcy proceedings)
overhang the Federal dockets-a con-
slant menace to the orderly processes
of Justice. Whenever a single case
requires a protracted trial the routine
business of the court Is further
neglected. 1t is an intolerable situ-
alton and we should make shift to
amend it.
Points to Former Efforts.
Efforts have been made from time
TO time to alleviate some OF the con-
ditions that contribute to the slow
rate of speed with which cases move
through the courts. The Congress
has recently conferred on the Su-
preme Court the authority to pre-
scribe rules of procedure after verdict
in criminal cases and the power to
adopt and promulgate uniform rules
of practice for civil actions at law
In the district courts. 1t has provided
terms of court in certain places at
which Federal courts had not pre-
viously convened A small number
Of judges have been added from time
to time.
Despite these commendable accom-
plishments, sufficient progress has
not been made. Much remains TO be
done In developing procedure and ad-
ministration, but this alone will not
meet modern needs The problem
must be approached in a more COM
prehensive fashion, If the United
States is to have a judicial system
worthy of the Nation. Reason and
necessity require the appointment of
q sufficient number of judges to
handle the bushes Of the Federal
courts. These additional judges
should be of type and age which
would warrant us in believing that
they would vigorously attack their
dockets, rather than permit their
dockets to overwhelm them.
The cost of additional personnel
should not deter us. 1t must be borne
In mind that the expense of maintain
ing the judicial system constitutes
hardly three-tenthS OF ! per cent OF
the cost of maintaining the Federal
establishment. While the estimates
for the current fiscal year aggregate
over 23,00O,00O for the maintenance
Of the legislative branch Of the Gov
ernment, and over $2,100. 100000 for
the permanent agencies Of the execu-
tive branch, the estimated cost OF
maintaining the judiciary is only about
s6,500 900. An increase in the judicial
personnel, which earnestly recon-
mend, would result in hardly per-
ceptible percentage of increase in the
total annual budget.
Proposes Flexible System.
This result should not be achieved.
however, merely by creating new
judicial positions in specific circuits or
districts. The reform should be effect