New Britain Herald Newspaper, September 20, 1923, Page 3

NEW BRITA: m MINOR CASES ANNOY THE SUPREME COURT: High Tribumal Is as Congested as| in Past Years ' Washington, Rept, 20.=The preme court is making ne material | progress in clearing its doeket, When | it meets Octaber 1 ta begin its next | term it will find substantially as many cases awaiting considération as a year L1 . This eengition is net due to lack of effort, for no matter how fast the | uit speeds up its disposition of ses the sceumutation upen its docket keeps pace, The real trouble, in the opinien of atforneys practie- ing before the court, is that the ap- pellate jurisdiction of the highest tribunal is sought by many litigants whose eontrosersies do present questions worthy of its consideration, and whe should not be permitted to consume its time Congress has from time to time at- tompted to solve the problem by leg- Islation, but laws are slow In reform- Inf human nature As long as the caurt {5 open to those whe would use | it to delay the oxecution of sen- | tonces or take & last desperate chanee to have an adverse declsion reversed, its dockets will be erowded with cases in which an appeal s asked merely to postpone the inevita- Lle day when the prison doors must close on the petitioner, or when & Judgment must be paid, Owing to the congestion of busi- ness 0 wwse filed today will not be veached by the court for argument within 18 months unless it s inciud- ed In that comparatively small num- ber advanced for héaring out of turn. Although substantially 100 more | cases were disposed of last term than in 1018, the court that' perfod 50 more than in 1018, and had at the end of the term un- disposed of only 40 less cases than it had at a corresponding period five vears ago. The comparative Insigni- ficance of this inroad into the accu- mulation of business is evident when it 18 known that the fumber of cases annually docketed is in excess of 1.- 000, Should the court be able to maintain the progress made during the last five years, it will he 45 years before its docket is cleared. It apparently was the original in- tention that the time of the court would be given to the decislon of con- stitutional question and legal con- troversies of national importance, and the establishment of precedents in disputed features of new laws. But when Congress attempted to assist in that design by restricting the causes in which lower courts could grant appeals, it really opened a new avenue for overcrowing. It gave the court discretlon to itself to deter- mine when it would grant appeals in those cases in which appeals were not granted by the lower courts, so that now endless periods of time are con- sumed hearing the petitiogs of liti- gants whose contentions are found In the end to be of insufficient general fmportance to warrant the supreme cgurt in reviewing them. Court is Tormented The court cannot determine wheth- er any particular application asking an appeal under a writ of ceertierari possesses sufficient merit to warrant it without an examination of the pa- pers submitted. Each Justice there- fore must prepare himself to discuss thé case at a weekly conference, giv- ing to each application substantially as much time as would be required to dispose of a case by a formal de- cision, Those cases which the court does decide to hear must then be gtudied a second time when they come | up for argument and decision. The cases which the court can be required to decide only after it - first has consented to consider them, cover virtually every question 'ever made the subject of litigation. Aside from eriminal and civil cases brought sole- | Iy for delay, the class of cases mak- ing the most impossible demands | upon the time of the court are those arising under the Federal Employers' Tiability act, patent and trade mark infringements, and claims. All of these groups of cases are dependent, Jawyers point out, upon an accurate ascertainment of the facts involved, which can only be done in a trial| court, leaving lower appellate courts to determine whether the law had heen properly applied under the con- ditions found to have been prc.ntcd by the facts. Taw Established A long line of decisions by the su- preme court has clearly established the law in liabillty, patent, trade mark and claims cases. Nevertheless su- docketed during | hundreds of cases falling in these groups and involving issues ‘hlch have been fully Itigated and d¢ termined by the supreme oourt, an aually knock al its doer for admis slon, and cannotl be denied untit after the court has wasted much yaluable time in aseeriaining that they pos sess no merit and are not entitied to & review For several years the most persist ent offenders In this respect have been personal INJUFY eases, arising during federal contrel of Lhe ronds, and brought under (he eral BEmployers' Liability aet peals in these cases are sought often by the rallreads the federal government as by the employees or thelr legal representatives n mest of them the law has been estahlished long since, The question most often raised is whelher the employee at | the time of the accident was engaged n iInterstate although the court has repeatedly defined what constitutes such commeorce, Tf he was not, then there was no federal jur digtion and compensation must he comn e, Man’s Conquest of Above you see the navy’s sought under state law Among the cashs now awaitl by the court N 1o whe will consider the@, s ene ing whether & night watehman in il vead warchouBe, i@which interstate as cision stored, was engaged in interstate com SAnother asks the highe bunal te rectify an ervor of o6 in the lower aowts hy permitting the case 10 be amended so as 1o bring iy the preper defgndant, The parts played by & couplipg’pin, hy defective drawheads, by automatic eouplers whieh refused 1o work automatic ally, and by damaged apparatus of varlous Kinds in causing an aceident are sub jeots upen whieh the opinion of the coyrt has been sought. In ether in ula':l‘t‘h attention must bhe* given 1o sueh questions as whether a carpen ter repairing a bridge over whieh in- terstate trains would run, or & rail- voad employee murdered by a fellow workman, or a laborer injured while working upon a turntable in an en VThe Air Told In Pictures new giant divigible ZR-1 in flight over New York city, a rare sight for the metropolis. Capable of 1 sustaining a flight for many hour: it can carry enough explosive to convert great skyscrapers into piles of junk. Reldtv you see Roy Knabenshue's little natives of the central stati of the age. NEW ART MODENL VICTROLA ra‘as filled blimp with which he startled | s 15 years ago. staying in the air for a few minutes it was considered the marvel | Carrying one man and LARGEST DISPLAY IN CITY NEW VICTOR RECORDS ISSUED EVERY WEEK IN THE FUTURE. FRIDAY IS THE DAY. WATCH FOR THEM. — See opposite page — THE C.L.PIERCE & CO. OPP. THE MONUMENT 246 MAIN STREET DAILY HERALD, gine house, were engaged in inter slate commence An appeal is vefused in | cases, but enly after the | given to each of them as would be required to deeide & pre found question of constitutional law MISS RUSSELL IS BRIDE OF SAMUEL SEYMOUR HOLMES most sueh court ha mueh time | Grove Hill Seciety Girl Marvied to Jacksonville, Fla., Man at M Mark's Churcy Today A pretty autumn wedding took | place this afternoon at 4:30 o'clock at Bt. Mark's ehuroh, when Miss Julie Russell, daughter of Mr, and Mrs. Isaae Daw Russell of 47 Grove Hill, beeame the bride of Hamuel Holmes of Jacksonville, Vierida. Rev, Sam. uel Buteliffe offielated. Mra John 1 Holmes, of Jacksonville, Florida matron of ‘lanm’ and Miss Margaret K. Russell, sister of the bride, was | maid of honer, Johp Landen Holmes Jacksanville, Florida, was best he ushers were Richard 1, Vie of New Jersey, Julian ¢, Stanley of New York, Robert H, Paul of Wa. toptown. Mlorida, Kirby Green of | Greenwich, Mass, and Rodman W | Chamberiain and Henry K, Russell of | this eity ! " bride was attired in a gown of white erepe and wore a vell, Mer | houquet was of lilies of the valley | and roses. Her attendants wore yel. | | low and orange silk dresses over | {draped with georgette erepe. They | | wore hrown hats and carried bou- | quets of roses and coreopsis, | | Folowing the mony u recep- | | tion was hel at Tippinittin, the| {home of Mr and Mrs, Alix W, Stan- | ley in Stanley Quarter, The couple| | 1eft on a wedding trip, and upon their| was | of | man ) = OUR FAMOUS Magee Ranges WILL CUT YOUR COAL BILLS " FROM 209 TO 40% MEET THE COAL SHORTAGE WITH A SMILE. - "TEL. 72 THURSDAY return will reside In New York eity IL; EPTEMBER 20, 1023, Announcing a New Victor Policy Reginning tomorrow, Friday, September 21s(, new Vietor Records will-be on sale every Friday instead of the first of ‘the month, giving the public the very latest HITS when they ARE HITS, Make it a point to Yisit our store evely week on Friday or Saturday, and we will play for you the very latest records as w ¢ll as all the very hest in music by the greatest artists, \ Z We are also pleased to announce a very material REDUCTION IN PRICE OF VICTOR RED SEAL RECORDS, offering you a double side record Tor practically the price of a single face, thus giving vou two selections by the world-famous Artists for the price of one and enabling the music-loving public to purchase their better class of records at hall price. 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