Evening star., 1937-05-06

per cent Of the cases before the Su-
preme Court are Government cases.
Since the establishment Of the Cir
cult Court Of Appeals in 1891 there
have been four outstanding measures
for improving the procedure In the
Federal courts. One was the new
equity rules. promulgated by the Su-
preme Court in 1912, to simplify equity
pleading and practice. A second
measure was the jurisdictional act Of
1925, to which I have referred, re-
lating to tho Jurisdiction Of the su-
preme Court.
Two Great Results.
That accomplished two results Of
the greatest Importance. One, by en-
larging the classes of cases in which
jurisdiction should be entertained only
upon the grant Of certiorari, made 1t
possible for the Supreme Court to de-
vote itself to those cases which demand
consideration because of the public
importance Of the questions involved.
Without such limitation, no court Of
last resort could possibly perform It's
essential function in this great country
with its vast amount OF litigation af-
fecting merely private interests. This
limitation upon Jurisdiction has work.
ed well and the rules of the Supreme
Court, and their administration, have
been directed to the carrying out Of
the intent of the statute and have
given to the limitation its just effect.
The other result has been that,
through the operation Of this juris-
d1ctional statute, the Supreme Court
has been able to act as a unit in deal
ing with all the cases before it. In
this unique court of last resort, with
It's special function, that sort of action
Is believed to be highly desirable
1t has the sanction OF long usage
Every member OF the court feels hi,
personal responsibility and meets it In
each case, save In the rare instances
where particular justice may be dis
quallfled. Even if justice is unavoid-
ably absent, so that he has not heard
oral argument, he still has the oppor-
tunlty to study the briefs and NAV
take part In the conference In this
way continuity Of consideration and
concentration OF responsibility are
maintained.
Cases Heard Are Important
1t should be remembered that, as q
necessary consequence Of the princi-
pies OF selection under the turkdic-
tlonal act, the cases we hear are i'm
portant cases. There are, OF course
degrees OF Importance, but the cases
come to us because of their important
character. The attention of the gen.
eral public is naturally engrossed in
decisions of great constitutional cues.
tlons. There are those who think tina,
particular cases are especially impor.
tant because they relate to subjects
In which they happen to be especially
interested.
Many, even lawyers, are too near.
Slghted to observe the important i'm.
plcatlons in many decisions which
attract no general attention. The
members OF the court are always aliv,
to these implications and watch each
case with a critical eye. Cases which
the ordinary observer might consider
10 be relatively unimportant may be.
come important precedens. and the,
require thorough study and discus.
sion. The molding of the law is a con.
tlnuous process demanding constan,
and exceptional vigilance in a cour,
which speaks the last word in har.
monizing conflicts and establishing tn.
flnal Interpretation of the public law
Inc justices work under the influence
OF this demand and they are keenl,
conscious OF the advantage which ha:
been found to inhere in their historic
method.
The third notable advance in Fed
eral procedure was made in the pro-
mitigation by the Supreme Court, un.
der authority Of the Congress, Of the
criminal appeals rules in 1894. B,
these rules, it was sought to simplify
appellate practice and to put an enc
to inordinate delays in the disposition
Of appeals from the district courts II
criminal cases. These rules are few
and simple and it is believed that they
will expedite appeals without sacrific.
ing any Just interest.
The fourth measure for procedure