Indianapolis Times, Indianapolis, Marion County, 6 May 1937 — Page 11

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THE INDIANAPOLIS TIMES

* Complete Text of Chief Justice Hughes’ Address:

By United Press

WASHINGTON, May 6.— The text of Chief Justice . Hughes’ speech before ‘ the American Law Institute follows: For the eighth time it is my privilege to greet you at this annual rerviezvous of the bar and bench. Last year we paid our tribute to George Wickersham, whose outstanding service as the president of the American Law Institute was the crown of his professional career. - Today, we recall the leadership of Elihu Root, to whose vision, creative force and directing skill, we largely owe, the establishment of this great enterprise of restating the law and removing in a substantial degree the uncertainty and complexity which vex its administration. . Elihu Root will be remembered as one of America’s most eminent statesme His . service as Secretary of| War and Secretary of ~ State will always be conspicuous in an imperishable record. But he was pre-eminently a great lawver and his distinctive public serv--ice was made possible because he I was a great lawyer. He was great not only because he had a rarely acute mind and had mastered the technique of his profession, but because he was wise. He brought wisdom not only to the service of his clients but to the carrying out of the highest conception of public duty in relation to the opportunities of the bar in improving the administration of justice. His intellectuality was so marked that only those who knew him well fully appreciated his passionate zeal for betterment. When I was charged with responsibilities in the Government of the State of New York he ‘warmed my heart and gave me fresh om by his effective support in

embers of the

| hearing of arguments,

been inspired by that faith—a laborious method indeed, but what labor is too great if it may serve to buttress in any degree the institutions of an ordéred liberty? We erect no monuments to mere shrewdness. We honor Elihu Root for his specific services to the community, but not less, rather chiefly, because his intellectual power and practical judgment, matched by zeal for the public good, dignified the processes of reason by which alone the ends of our social organization may be attained. ’ It has been my custom on these occasions to refer briefly to the work of the Supreme Court. For several years I/have beén able to report at these meetings tha the - Court is fully up with its wors. I am happy to say that this is true of the current term. We are concluding the and once more we have heard all the cases that are ready to be heard. This week cases have been argued which were filed as late as April 20. There are no inordinate or unjustified delays in the Supreme Court. The figures for the current term do not vary greatly from those of the terms of recent years and I shall not, trouble you with many of them. The total number of cases on our dockets for the current term is somewhat less than the number for last term. As of May 1 there were 946 cases on our appellate docket this term as against 986 last term, or 40 less. This term there have been argued and submitted on the merits 182 cases, including as one case those argued and submitted in a single group, or 218 cases in individual numbers. This number embraces cases on appeal and cases In which certiorari had been granted. Last term there were argued and submitted 169 cases, or 214 in individidual numbers.

distributed to us during the summer recess 33 jurisdictional statements and 22 miscellaneous motions, making a total of 288 applications which we considered in the summer recess and were ready to act upon when we met in conference at the beginning of our term.

Of course, the final figures for the term, including the total number of cases that will be disposed of on hearing or otherwise, can only be determined at its close, but what I have said is sufficient, I think, to give you a fair idea of the state of our work. An interesting feature of the administration of justice in .the Federal courts is the large percentage of cases in which the Government is directly interested. Last fall the Attorney General reported to the Conference of Senior Circuit Judges that 45,175 civil cases (exclusive of bankruptey cases), which were pending as of June 30, 1936, in the Federal courts, 13,715 were “United States civil cases.” In June, 1935, the corresponding number of civil cases was 47,332 of which the United States cases were 15,265. In the Supreme Court the Government cases are apparently a larger percentage of the whole. The figures given in‘ the last annual report of the Solicitor General indicate, on the average, that .approximately 40 per cent of the cases before the Supreme Court are Government cases,

Since the establishment of the Circuit. 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 Supreme Court in 1912, to simplify equity pleading and practice. A second measure was the jurisdictional act of 1925, to which I have referred, relating

eration because of the public importance of the questions involved. Without such a limitation, no court of last resort could possibly perform its essential function in this great country with its vast amount of litigation affecting merely private interests. This limitation upon jurisdiction has worked 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 jurisdiction statute, the Supreme Court has been able to act as a unit in dealing with all the cases before it. In this unique court of last resort, with its special function, that sort of action is believed to be highly desirable. It has the sanction of long usage. Every member of the Court feels his personal responsibility and meets it in each case, save in the rare instances where a particular justice may be disqualified. Even if a justice is unavoidably absent so that he has not heard oral argument, he still has the opportunity to study the briefs and may take part in the conference. In this way, continuity of consideration and concentration of. responsibility are maintained. It should be remembered that, as a necessary consequence of the principles of selection under the jurisdictional act, the cases we hear are important cases. There are of course degrees of importance but the cases come to us because of their important character. The attention of the general public naturally is engrossed in decisions of great constitutional questions. There are those who think that particular cases are especially important because they relate to subjects in which they happen to be especially in-

constant and exceptional vigilance in a court which speaks the last word in harmonizing conflicts and lishing the fimpal interpretation the public law. under the innd they are keenly conscious of the advantage which has been found to inhere in their historic method.

The third notable advance in Federal procedure was made in the promulgation by the Supreme Court tinder authority of the Congress, of thé Criminal Appeals Rules in 1934. By these rules it was sought to simplify appellate practice and to put an end to inordinate delays in the disposition of appeals from the district courts in criminal cases. These rules are few and simple and it is believed that they will expedite appeals without sacrificing any just interest. The fourth measure for procedural improvement was the recent enactment by the Congress of the statute giving the Supreme Court authority -to formulate rules of civil procedure for the district courts of the United States and the courts of the District of Columbia, The Court .decided to undertake the preparation of a unified system of general rules for cases in equity and actions at law so as to secure one form of civil action and procedure for both classes of cases while maintaining inviolate the right of trial by jury in accordance with the seventh amendment of the Constitution of the United States and without altering substantive rights. To give the necessary assistance in this undertaking the Court appointed an advisory committee consisting of members of the bar and professors of law. This committee, composed of ‘eminent experts who have had the advan-

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terested. Many, even lawyers, are _"11:M45°A. M. (C.S. T)

too near-sighted to observe the important implications in many

/ time of need. He constantly. sought # to improve the institutions of jus\_tice, local, national and interna-

GRANTED 123 PETITIONS (Turn to Page: 12)

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tional. How many important endeavors had the impetus of his proposals and his guiding hand in carrying them out! He led in the Constitutional Conventjons in New York .of 1894 and 1915. He promoted the organization of the conference of bar association .delegates, ‘which was the nucleus of a co-ordinated bar of the United States.

SAGACITY POINTS WAY

His sagacity pointed the way to the solution of the difficulties which beset, the organization of the perr manent Court of International Jus tice. No idle fancies dominated his thought or made his efforts vain. Whenever he appeared there were vision, practicable proposals and skilful execution. When the American Law Institute was organized, he clarified the need, he showed the necessary method, he procured the financial aid which made the enterprise possible. He had no illusion as to the difficultiess. In his initial address he said: “Perhaps we can help.” The making of a permanent organization to accompiish the restatement of the law, with the earnest and real interest in the subject on the part of real men, will help; and as time goes on the organization which you have made may accomplish such relations with other organizations and such additional duties, and avail itself of such opportunities, as to

aid all along the line in the reform |

of law and the reform of procedure.” A prophecy, which I hope will be fulfilled as you approach the completion of your first great task. And he added: “We may not | succeed, but. we can try. Here is one thing l'we can try. It is something the need of which is universally recognized, It is something the responsibility for which rests especially upon us. It points the pathway where we will be acknowledged the natural leaders of the democracy in its struggles toward better! life, toward permanency of institutions.” Elihu Root's method was thus to marshal the forces of intelligence in order to meet a specific need in a sensible fashion. And through the use of this method, he ‘had faith—an abiding faith—that the competency of mankind to govern itself through democratic institutions could be vindicated. Your notable achievements have been due to that method and have

rent term granted 123 petitions for | certiorari and denied 583. The number granted is close to the usual | percentage of petitions which have | been found entitled to a grant un- | der our rules. These rules, as I said in my talk to you three years | ago, are designed to carry out the | intent of the jurisdictional act of! 1925 in insuring the hearing’ of cases that are important in the interest of the law. That is, where review by the court of last. resort is needed to secure harmony of decision in the lower courts of appeal as the appropriate. settlement of | questions of general importance so | that the system of Federal justice may be appropriately administered. As I have frequently stated, we are liberal in the application of our rules and certiorari is always granted if four justices think it should be, and, not infrequently, when

urge the grant.

petitions for certiorari which have been acted upon thus far ‘during the current term, 233 were distributed to the justices during the last summer and were examined bythe justices in the recess so that action could be taken, and it was taken, as soon as the court convened in October. In addition, there were

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We have thus far during the cur-

three, or, even two, justices strongly |

It rhay also be noted .that of the

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That accomplished two results of the greatest importance. One, by enlarging the classes of cases in which jurisdiction should be entertained only upon the grant of certiorari, made it possible for the Supreme Court to devote itself to those cases which demand consid-

decisions which attract no general attention. The members of the Court are always alive to these implications and watch each case with a critical eye.” Cases which the ordinary observer

might consider to be relatively un-

important may become important precedents and they require thorough study and discussion. The moulding of the law is a continuous process demanding

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