Year: 1876




rHE SUPREME COURT THREE YEARS BEBINp-iHE


PLAN TO RELIEVE THE COURT AND FACILITATE


yusrTcr-coSyKNIENC AND ECONOMY TO BE


PROMOTED BY 1T.


Ipr TELEGRAPH THg TRIBUSEl


WASHINGTON, Feb. 1.-Representative MeCTary OF
Iowa. has been authorized by the Judiciary Com
mttee 10 report his bill TO reorganize the Judiciary
of the United States Mr. McCrary has prepared
report to accompany the bill, which gives very IN
teresting account of the present condition OF the
Judiciary and of the defects which it is the purpose
of this bill to remove. The following is an outline
of the report The purpose of the bill is to facilitate
as far as possible, without additional judges the
administration of justice in the Federal Courts.
IL il impossible for the Supreme Court TO
transact its business with proper dispatch and
deliberaton. The increase of business IN the SUI
preme Court is shown by its calendar. In 1910
there were 9s cases. in 1920 1877 cases; in 1916
there were 1885, and in 1875 901. To finish the
eases on the calendar without doing new business
daily sessions for three years would be necessary
The law of the last Congress limiting the right OF
appeal has not relieved the Court, and has given
Just cause of complaint by denying appeal
in cases of less than $4,000 This bill
brings the Circuit Court in many OF the
State nearer to the tigants, and relieves the DOCK
cts of those courts of portion OF their accumuia
ton Of business The report reviews the condition
Of business in many of the Judicial districts In the
Southern District of NewYofk there were 557 cases
ready for trial at the beginning of last term; AIS
were not tried Fifty cases came from this Court 70
the Supreme Court last year. To sum up briefly
then the passage of this bill is recommended for the
following, among other reasons:


First: 1t will establish court of appeals OF very
high standing and authority within convenient
distance from the residence of parties litigant,
which will be able TO hear and determine hnally
with reasonable promptness all cases involving not
moe than 81 OOO and not involving any questions
Of such general Importance as to require the
adjudication of the Supreme Court. These two
considerations, bringing court OF appeals within
q convenient distance from the residence OF
parties litgvnt, and securing prompt and
final decision, are both very important.
The Importance of the former will be appreciated
when it is considered that appeal to the Supreme
Court from the decision of circuit or district court
under the law as it now stands involves in many
cases trial at adstance of from 200 to 1000 miles
from the place of trial below and the inheritance of
the second will be appreciated when we remember
that such an appeal, AS the law now is, involves a
DELAY unless the parties willing to forego the
valuable and important privilege of oral argument,
of from three to five years.


Second: 1t will relieve the Supreme Court from the
necessity of hearing large class Of cases reduce its
dockets to such extent TO enable it to hear ap
peals and wrts Of error with pgomptness, and will
connc its labors TO these great and important qucs
tons, which ought to occupy its attention, and will
give il ample time and proper opportunity to con-
slider these questions with that deliberaton and
care which their Importance demands.


Third. 1t will facilitate the administration Of
Justice In the lower courts. IL will relieve the
dockets of the Circuit Courts, now greatly over
worked in many Of the States, by relieving those
Courts from the trial Of appeals, and by enabling
parties TO bring and defend suits therein at places
more convenient to their homes.


Fourth: Thse advantages are all to be secured by
the passage of the bill under consideration, without
the creation Of a single additional judgeship.


Fiji: The measure is one of economy. As the
law now stands separate jures required for the
Circuit and District Courts. BY holding the courts
simultaneously in all the States and providing, rs
the bill docs that the panel Of jurors selected and
summoned for the District Court shall also be the
panel for the Circuit Court" very large will
be saved to the United States and the heavy cost to
the people as well as the Government. Appeals to
the Supreme Court will also in many cases lie saved
The cost Of holding the Courts Of Appeals will be
much less than the savings in other directions.