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It has also been doubted whether the establishment of these circuit appellate courts would have the desired effect of relieving the Supreme Court by reducing the number of appeals to Washington. But in this regard the plan in question furnishes more than one reason for favorable anticipations. By relieving the Supreme Court of the consideration of questions of fact, as to which the suitor nevertheless can be heard a second time in the intermediate court in proper cases, one of the chief causes of the plethora in the Supreme Court would be removed. Moreover, as already mentioned, actual experience of a system similar in principle, tested during five or six years past in Illinois, warrants the belief in itself obviously reasonable-that a large number of cases which might be appealed to the Supreme Court will stop at the intermediate courts; such being the fact, as the undersigned learn from unquestionable sources, in that state. And, still further, the plan in question provides that (in cases under $10,000) instead of sending up the whole record, only those questions of law shall be certified up in respect of which the decision of the intermediate court is complained of. Under these conditions, the expectation of great and adequate relief to the Supreme Court is more than reasonable.

Doubtless, the benefit to be derived from the establishment of such appellate courts depends upon the respect and confidence which they shall command, and it has been urged that men of such professional ability and standing as would command due respect and confidence, could not be induced to sit in them. But it will hardly be contended that the bar of the several circuits does not contain such men. The only question, then-if question there be on this headis whether Congress will think it worth while to offer to such men such inducements as will tempt them to accept the position. The undersigned are not willing to assume that

Congress will fail of its duty in that regard. On the other hand, it appears to them that positions in such courts as these, adequately compensated, would present peculiar attractions to men of the highest standing at the bar of the several circuits, by adding new dignity to the office, already honored and honorable, of a member of the judiciary of the United States. And it also appears to the undersigned that the establishment of such appellate courts in the several circuits, aside from the relief so much desired, would be eminently satisfactory to the people at large, and therefore eminently wise; as bringing the complete administration of justice more nearly home to them in far the greater proportion of causes, and thus restoring, so far as possible in a territory so vastly enlarged, the similitude of those early days when the justices of the Supreme Court were able habitually to take part in trials on the circuit, and thus to reinforce and if need be to correct the judgment of their brethren on the circuit bench.

With the highest respect for those to whom these reasons are not equally convincing, the undersigned have therefore reached the conclusion that the general scheme for the relief of the federal judiciary which proposes the establishment of intermediate courts of appeal in the several circuits is that which promises the largest measure of success.

In pursuance of the unanimous vote of the committee at their meeting on February 3, the following resolutions, prepared by Mr. Phelps, the Chairman, are submitted as part of this report:

"Resolved, That the members of this committee have received with deep sensibility the intelligence of the untimely death, since our last meeting, of our associate and dear friend, the Hon. Clarkson N. Potter.

"Resolved, That we are unwilling to proceed in the duties he so recently shared and was so warmly interested in, until we have expressed upon record our estimation of the noble intellectual qualities that distinguished him, and those charming traits of character that endeared him to us all, and our sorrow at the termination, in its prime and best maturity, of a life which achieved so much, and which promised so much in the future.

"Resolved, That these resolutions be made part of our report to the American Bar Association, and that the secretary of the committee be requested to transmit a copy of them to the family of Mr. Potter."

Under the permission given by the resolution appointing said committee, which conferred upon them "power to prepare, and, in their discretion, to print, their report or reports with all convenient speed," this report has been printed, and a copy sent to each member of the Association.

JOHN W. STEVENSON,
CHARLES S. BRADLEY,
RUFUS KING,

ALEX. R. LAWTON,

HENRY HITCHCOCK.

MINORITY REPORT

ON THE

RELIEF OF THE UNITED STATES COURTS.

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To the American Bar Association:

The special committee appointed at the last meeting of the Association, "to inquire what adequate remedy can be provided for the delays now incident to the final determination of suits pending in the highest courts of the United States," have given to the subject assigned them, mature and prolonged consideration. They have held several meetings in Washington and New York, and have availed themselves, as far as possible, of opportunities for consultation with members of the federal bench and bar, whose courtesy and interest in the subject, and whose valuable suggestions, it is but just to acknowledge.

The committee, in common with the Association and the profession at large, sustained a severe and embarrassing loss during their deliberations, in the death of our lamented President, the Hon. Clarkson N. Potter. Believing that the state of New York should not remain unrepresented on the committee, its surviving members deemed it proper to fill the vacancy; and the Hon. Wm. M. Evarts, of New York, was unanimously elected in place of Mr. Potter, and has since acted with the committee.

The imperative necessity of some means of expediting the hearing of causes in the Supreme Court of the United States, is apparent. Thus far the committee are unanimous.

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