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Rehearings asked in more than one-half of the cases in that volume.* And while it is true that in every one of the forty-two cases the rehearing was denied, yet we deem it unfortunate to think that in so large a number counsel should have felt that the points urged by them may not have been fully considered by the whole Bench.
In the Supreme Court of Illinois the filing of a petition for a rehearing may be said to be usual rather than unusual-and truly it has often accomplished good. In the Supreme Court of the United States a petition for a rehearing is a rarity. The deliberate processes of that Court applied to every case before it are well known. Not infrequently in that Court, after conference, has an oral argument been ordered, that the Judges might have all possible light on the case before them and have an opportunity of interrogating counsel on particular points, so that a correct conclusion might be arrived at. Such an order is today un. known in the practice of our State.
We realize how burdened with work the Judges of our Supreme Court are. We appreciate their industry and their effort to keep up with their docket. And yet we do not deem it out of place to remind them that the very purpose of creating an Appellate Tribunal consist ing of several Judges, is that the collective and calm deliberation and judgment of the several may work as the corrective of the indiridual and possibly hasty opinion of the single Judge.
Indeed, so much has been said about the delays of the law that we are today frequently having haste at the expense of justice. From the first appearance in the nisi prius Court to the last in the Court of last resort, lawyers are often “rushed," to use a well known phrase. The attorney comes before the Circuit Judge to argue a contested motion. The Judge feels that the work of the Court must be dispatched. That its docket must be cleared appears to be his uppermost thought. The attorney is asked to state his point and pass up his papers. He is about to argue his point when he hears that his motion has been decided, and just as he desires to make a suggestion relative to the nature of the order to be entered, the next motion is called. The case is thien reached on the trial call. The attorney seeks to impanel a fair and impartial jury, the kind of a jury guaranteed him hy the law. "You are consuming too much time in examining the jury, Mr. Attorney. Don't you think you can examine them collectively and watch the nodding of their heads?” The jury is then taken with some misgivings on
*It appears that in the ninety cases in 181 Ill., rehearings were denied in eight; and that in the ninety-six cases in 183 Ill., rehearings were denied in twenty-five.
the part of counsel. The first witness is called. His name is stated. In the course of the examination the attorney frames his question, thus: "Yow, Mr. Smith, let me ask you," etc. Interruption by the Court: "You are consuming too much time in examining the witness. It is entirely unnecessary for you to repeat his name in questioning him. It has been stated once to the jury. Vor do you need to preface your question.” Il at ease as it may put him, the lawyer is obliged to omit any of his mannerisms, that the trial of the case may be dispatched. At the end of a day entirely consumed by the examination of witnesses, the attorney arises to address the jury. The Court: "How much time do you desire, gentlemen?” The attorney: "It will take me forty minutes to present my case fairly to the jury." The Court: "You may have ten minutes, sir. This case must be finished tonight, and the Court is going to adjourn by quarter of five." The motion for a new trial comes up. The attorney is about to present to the Court an important and material error, and has his law books before him. The Court: “There are too many motions on today, and I will not have time to hear any extended argument. If you care to present a brief you may do so. You are aware that you have your remedy by appeal.”
This is not a fictitious case, but a series of authentic instances in the Courts of Cook County, and by no means sporadic or isolated instances.
The consumption of time frivolously should be checked. There should be as much haste and expedition as is consistent with justice and fairness. But haste and expedition at the expense of justice and fairness? No! The price is too dear. It is contrary to the fundamental principles of our liberty, contrary to those great precepts of the common law, that no man shall be condemned without being heard, that no man shall be deprived of life, liberty or property without due process of law. It is not consistent with the spirit of our legal institutions and ought last of all be encouraged by the judicial department of our government.
PRESIDENT Wood: The next is the report of the special Committee on Procedure in the Supreme Court of Illinois; is there any report from that Committee? If not, the next in order is the report of the Necrologist, Judge Bradwell.
(The Report will be found in Part II.)
port of the Committee on Increase of Federal Judiciary for the Seventh Circuit, which was passed informally yesterday, by Mr. C. E. Kremer.
MR. KREMER: It was only yesterday that I was appointed chairman of this Committee, and after consulting with such members of the Committee as I found in the city, I have only a verbal report to make, and that a very brief one, because of the shortness of the time in which to obtain the neces. sary information and statistics. I find, however, corroborat- : ing what I know from my own experience, that it has been necessary, during the past three years, to call to the assistance of the local Federal Judges, Judges from all of the districts in the Circuit, and that of the number of days that court was held by these Judges, one-third of the time was occupied by the Judges from other districts, so that but two-thirds of the work was done by the local Judges; that even then there has been an accumulation of business, and the courts are somewhat behind in their work. And I have therefore, with the consent of my brothers on the committee, drafted a resolution which we, as a committee, recommend for passage by this Association, it is as follows:
WHEREAS, There has been a great increase of the volume of litigation and business in the United States District Court for the Northern District of Illinois, due to the enactment of the National Bankruptcy Law, and a great increase of the rumber of cases in the United States Circuit Court for this district, due to the constant and increasing growth of the commercial, manufacturing and transportation interests centering in the City of Chicago; and
WHEREAS, In order to only fairly secure the disposition of the liti. gation and business of these Courts it has become necessary to call to the assistance of the local Judges the Judges from other districts, it is therefore
Resolved, That this Association recommends the passage of an Act of Congress providing for an additional District Judge for the Northern District of Illinois.
MR. KREJER: The Committee hopes that the Association will adopt this resolution, and the Committee, if it is pre
served, will take upon itself the labor of endeavoring to secure the passage of an act of Congress in accordance with it, and I move you therefore, that the resolution be adopted.
The motion was seconded.
MR. Bond: I would like to say a word. I think the disposition of the Association is to pass the resolution, and usually when the court is with you it is well enough to keep your seat. But the business of the federal courts is crowded, much crowded, and an additional Judge is very much needed. You understand that the District Judge has the bankruptcy cases, the customs cases; and as to the Circuit Judges, we have but three of them,-it requires three to hold the Appellate Court, and the three seem to be very much disinclined to disqualify themselves for sitting upon the Appellate Bench by hearing causes in the trial courts below, therefore, the work in this circuit has devolved very largely on Judge Kohlsaat, and I have some times been fearful of the result and that we would not have him with us for a great while if he keeps on at his present gait. It is certainly very hard on him. Judge Baker, , of Indianapolis, has all he can do in his State, Judge Allen, of the Southern District of Illinois, is a man getting along in years and most of us who get along in years like our ease pretty well; so Judge Allen thinks he has all he can do, and I am not questioning his word. Judge Bunn, of the Western Dis. trict of Wisconsin, is also well along in years, and as he is the oldest district Judge in commission, if any Circuit Judge is disqualified he is the one to take his place, so that Judge Bunn is very seldom called upon except to serve in the Appellate Court. That leaves Judge Kohlsaat and Judge Seaman, of the Eastern District of Wisconsin, to do about all the work in these cities where a very large amount of work is constantly accruing, and it is multiplying so that those who understand the situation certainly can not question the necessity for an additional Judge in this Seventh Circuit, which includes Wisconsin, Illinois and Indiana, and I therefore second the mo
tion to adopt the resolution, and I hope that every member of this Association will do all that he can to get another District Judge in the Northern District of the State of Illinois. (Applause.)
The motion was carried and the resolution adopted.
MR. SHERMAX: I move that the Special Committee har. ing this matter in charge be continued for the coming year. I might also add, as has been suggested by Judge Bond, that they be appointed with power to act in the carrying out of the resolution which has just been adopted, so far as they are able.
The motion was adopted.
MR. PAGE: The Committee on Admissions makes the further recommendations for membership in this Association, Mitchell D. Follansbee, of Chicago, and I move the adoption of the report.
The motion was carried, the report adopted and the gentleman declared elected to membership.
PRESIDENT Wood: Is there any miscellaneous business?
MR. Moses: I move that the Hon. John B. Cassoday, of the Supreme Court of Wisconsin, be made an honorary member of this Association.
The motion was seconded and unanimously adopted.
PRESIDENT Wood: Is there further miscellaneous business?
Mr. David: Do I understand that under Miscellaneous Business the report of the Practice Commission is to be discussed?
PRESIDENT Woon: As soon as this is over, we will go back to that.
MR. ROGERS: Since the Association is not incorporated, I move that the President appoint a committee to effect its incorporation, the committee to serve without compensation, but to be allowed the requisite filing and recording fees.