j jj
JOHN H. AM US.
OKOHOIO A. DAV
S. II. SEDGWICK.
IlK constitution of Nebraska,
adopted In 1S75, made provision
for tho government of a state
of something over 100,000 in
habitants. Its framcrs did not foresco that
within tweuty-llvo years It would lo in
operation in a commonwealth having over
1,000,000 inhabitants, among whom a mar
velous expansion In comraerco, Industry
nud transportation, would add greatly to
thu multiplicities of business transactions
and tho litigation growing out of them.
Among Its other short-sighted provisions
in creating the supremu court it limited
tho number of its Justices to threo and gave
no power to tho leglslnturo to increase thu
number. Moreover, by nnother clauso of
the constitution,
was compelled
tlou over ovory
Utlgulons thought
tho supremo court
to tuko Jurlsdlc-
trlval dlsputo which
lit to enrry there
from tho lower courts. Inferior courto
might bo established, but they could not
lesson tho burden of tho supiomo court,
since overy case, nftor being disposed of
In tho lower courts, could find Us way to
tho docket of tho supremo court. To add
to tho embarrassment tho method of amend
ing tho constitution was so cumbersome
that various nttempts to enlarge tho capa
city of tho supremo court by constitutional
amendments had failed through moro in
ertia. For tho first fifteen years of tho supremo
court its members wero able to dlsposo of
tho business upon its docket, llut about
1S90 tho rapid Increase In tho population of
tho state during tho preceding ten years,
coupled with tho number of cases growing
out of tho period of Inflation, so Increased
tho business of tho court that its capacity
was overtaxed and It fell so far behind
with Its work that In tho beginning
of tho year 1893, while It was ap-
M
Nebraska's New
HOSCOK 1'OUND.
P-rently not over two and a hulf
or thieo years In ai rears, yet In
reality it had nearly live years of work ac
cumulated, for the reason that the court
had followed the prnctlco of hearing the
urgumeut of casus and having them sub
mitted as fast us they were placed upon
the docket, ulthough the actual considera
tion of the cuse might thereafter be de
layed for several years until the prior
cases under submission were disposed of.
(i in in Inn I it In Itclleve ( oiiueNtluii.
To meet this coudiliun of things nud until
such time us constitutional revision could
take place the legislature In lb98 provided
for thu appointment of three commissioners
to servo for a term of three years.
Under this law the supreme court ap
pointed Judge Frank Irvine of Omaha, then
serving a term on the district bench; John
M. Hagau, a practicing attorney in
Hastlugs, and Hobert Kyan of thu Lincoln
bar, who entered upon the discharge of
their duties for tho three-year term pro
vided by law. liut after they had served
two years, It became apparent that the
accumulated work of the court would not
bo disposed of at the cud of the three-year
term, and accordingly thu legislature in
1S95 amended the law creating thu commis
sion, whereby the court was authorized to
appoint commissioners to servo fur n
further term of three years ou thu expira
tion of the til at term. Under this amend
ment the court In lbOO reappointed the mem
bers of the llrst commission for a term end
ing in March 1S99. At the end of their
second term, although great progress had
been mado with thu work of thu court, yet
It was apparent that thu services of the
commission would be required for another
term at least. Accordingly efforts wero
mado by tho bar In 1890 to have thu legis
lature of that year provide for the con
tinuance uf thu commission. Through tho
clashing of political Interests, these efforts
failed, aud thu commission came to an cud.
IliKiiU- or the I'oNltlou.
Although tho expedient of a supremu
court commission wus uot strictly within
thu terms of thu constitution uud could
be Justlued only as a necessity to meet
uu embarrassing emergency, yet tho criti
cisms upon thu maimer in which the com
mission worked out tho problem, wero tech
nical rather than practical. To all Intents
uud purposes tho members of thu commis
sion wero members of the court. While
it was truu that in caso of uu actual di
vision the votes of thu Judges counted
everything, and those of tho commissioners
uot at all, yet it must be borne in mind
thut In only a comparatively small per
centage of cases Is there a difference of
opinion in courts of last resort. The vast
majority of decisions receive tho unani
mous approval of thu members of tho court.
Theso commissioners took turns at sit
ting In tho court room, hearing tho argu
ment of cases, granting motions, dispos
ing ot routine business of the court; uud
it Is well known to tho bar that in tho
consultation room they took equul parts In
tho argument and wero trcnted by thu Jus
tices of thu court with thu sumo deferenco
uccorded to each other, aud their opinions
wero published In thu olllclal reports as
tho work of tho commissioner who prepared
them. Where a commissioner differed from
tho decision of tho court bo was po
mlttcd to file a dissenting opinion. The
high character of tho members of tho llrst
commission was such that, In tho view of
many members of tho bar, their oplnlous
ranked equal with thoso of thu members of
the court, and havo become ns permanently
a part of tho cuse law of this state, vs
thu opinions prepared by tho Judges thoin
selves. This was In accordanco with tho
vlow of the Judges of tho court who ap
pointed the commission, It being deemed
by them that tho commissioners could best
perform tho work assigned to them If
thoy wero treated In nil essential respects
as co-equal members of tho court InBtuad
of raero secretaries.
In tho six years during which tho com
mission held ofllco thoy had reduced ihu
delay from an uncertain period of four or
flvo years to a point whero cases were pend
ing less than two years before being
reached for disposition. Had tho former
commission been extended and been In oillcu
Supreme Court Commission
1. U. AhUUHT
during the last two years It Is tho opinion
of well-Informed lawyers that they would
liuve brought thu work up to within u year
of lliu tiling of cases.
iiiiililluii il' ( linos Iti'stni'fil.
Hut thu ending of thu commission
plunged tho administration of Justice In Ne
braska Into a deplorablo condition through
Vet it was uot with thu Intent and spirit
tho crude wuikiug of tho constitution of 1875.
of that Instrument to deny ledress to lltl
ganti. Tho bill of rights provides "all
courts shall bo open uud overy person for
any Injury done him lu his lands, goods,
person or reputation shall havo a remedy
by due com so of law, and jus.ko adminis
tered without denial or delay," and yut
through Its failure to piovidu means for
eulaiglug the supremo court tho entraiuo of
that court was not In any hciuo opm; Jus
tice was not only delayed, but lu ninny
cases the delay meant uu actual denial.
Conditions wore much worse than If there
had been no luviowing ttlbunul aud tho
decisions of the district court were filial,
for thu processes of the supremu court and
Its long delay anil crowded dockets wero
used by desperate or dlshunist dobtors to
deny redress to the cridltors, whilst
wealthy litigants were able lu many casos
to tiro out tho poorer claimant and elthor
enforce a disastrous settlement or fritter
away his rights through changes in bus
iness conditions pending thu delayed ap
peal lu tho supreme court. Thus whilst
thu siatu of Nebraska was appropriating
largo Minis of money to tho genoruus sup
port of charitable Institutions, whilst It
maintained with princely endowment uni
versities and schools nud even held out a
helping hand to industries, fulrs, exposi
tions ami many other purposes, bcnellclnl
no doubt to thu public, but nil ot tlium
capable If necessary uf being cairled on
by prlvato enterprise or private beneficence,
yet thu one primary function of u state
which no private effort can supply that of
compelling justice among its clicns was
being neglected. Tho effects of this ovll
wero not confined to tho few who might ap
pear as parties lu pending litigation. A de
nlal of Justice oxtonds its cousequouens in
overy direction and strikes remotely many
persons other than those Immediately con
cerned. Undoubtedly this condition of
things affected general business and was
olio of tho prime causes why tho revival ot
commerce nud industry was slower In Ne
braska communities than In other westorn
cities.
In recognition uf theso evils, tho legis
lature of 1901 provided for u commission
of nine members to bo appointed for a
term of two ycurs by tho unanimous ac
tion of three Judges of tho court. Upon
thu taking effect of tho act, the court ap
pointed nine members of the Nebraska bar
aud arranged thorn in threo departments,
designating the following as members of
each department: Department No. 1, Judgo
William (!. Hastings, John S. Klrkpatrlck
and (Jeorgo A. Day; Department No. 2,
Judge S. II. Sedgwick, W. D. Oldham and
Koscou I'ounil; Department No. 8, Judgo 15.
11. Dullle, Joint II. Ames and Judgo I. L.
Albert.
Hindi of these departments constitutes for
all practical purposes In the argument and
submission of cases, an Independent biunelt
of the supreme court. So far us the details
of tho plan have at present been worked
out, the method in to have thu threo jus
tices of tho supreme court preside over the
docket, hear nud dispose of motions, cull
and assign tho causes. Cases for oral argu
ment are assigned In turn to the different
departments, uud are I hero heard mid pre
sented to tho commissioners constituting
that department, without the presence of
any of the Just lees of the court. It ap
pears to bo the pui pose of thu court thai
en eh department of commissioners will dis
pose of its share of the consideration of
tho case, and if It Is unanimous, will sub
mit Us opinion to tho court proper for con
sideration. Thu members of tho court will
of course rcvlow tho work of tho coiiiiiiIh
Hui, and If the opinion Is (mind satisfactory
li will be II I f I as the oplni.'ii of the court,
but iluu lit ! -h I In. i nuiliilHskui r w ho pre
pares it will be iiit iii i as Its wrlii r. Where
the numbers of a eoniiiiissloiiurs' depart
ment dlffir, thoy will present their different
views to thu nieinbers of tho court. It is not
W (!, HASTINGS
ilne.y that the dilleuul departments mil
lormalo uniei wmi each other Li.iucruiiig
any purtlcuiai i.,bo, uunuugli iiiul uiuj
uu Informal exchange ci wei.s . n hikmiouii
oi a general nature, uud an euuu win , ,
iiiuuu to mold diverse opinions ciuuu.illiig
ii om thu (llllerent departments. Hut the
tail that ttiu opinions will havo the ie
vision oi the court Itself, will ho siittlcleui
to prevent uny urlunce.
I. UN I'li-ni) i Won Alienil.
hen Uio commission entered upon tin.
disenurgo of its duties, April lti, luui, then
wero uu,.ut l.bOU ponding discs. It is u
fair usbuinpiion, bused on thu pust ex
pcrleiice of the court uud former commit
sinus, thut ubout 1,-10 cuseu will be heard
uud decided lu each year. 1'rubabl)
luu or Jtio moro will drop out of thu cull
ub they arc reached. In 19uu OSli now emies
wero bled, hut during thu lit uL three iiiiiutus
of 1901 new cuaes weru hied ut u rutu ol
about too per annum. Assuming that tiuo
new cases are llled cuc.li year, tho court bus
before It during tho two years when tho
commission will bo iu olllcu ubuut 8,000
cuses. It is probably u correct deduction
lrom these figures thut ut tho end of two
years thelo will uot bo over 800 to uOO
cusea pending, or ubout ouu yeur's work
for thu threo justices of thu court. Uut 't
must bo remembered thut the number ot
cases liled lu thu supremu court is growing
less, thu ltquldutiuu cuusetl by thu panic
of lt93 will bu fully concluded when the
eases now pundlug aru disposed of. lu
prosperous times, while some brunches i f
litlgutiuu may bu more Important, the
number of cuses is cortuln to bo much
less. It Is not unreasonable to expect that
within two years all pending business will
bo disposed of and the work of tho com
mission accomplished. Uut thu further
problom of providing for u permanent an
promo court, which will dispatch thu busi
ness uf tho court us It arises, is still be
fore tho people of Nebrusku, uud together
with numerous uthur problems lu Its gov
ernment will finally bo disposed of only by
a constitutional convention.
It Is a modest statement ot the case to
say that tho bur of Nebraska, as well as
tho general public, has been highly grall
llcd, both by tho personality of tho com
missioners selected by tho court to carry
out thu provisions of the law, us well us
by thu manner lu which thu various de
partments havu been urrauged for the
handling of the business of thu court. Thu
threo members of thu commission who pic
uldo over tho departments hnvo hud long
service us Judges of tho district court, an
other of them has served for a short tlino,
two other members of tho commission have
been prominent In tho history of tho statu
and weru among Its lending lawyers, and
tho thrue remaining members lltly repe
aeut thu younger element of tho profession.
Tho lawyers of Nebraska expect much
fiom this commission. It Is believed that
not only will thoy by their number dis
pose of thu accumulated woik of tho court,
but that their opinions will bo of u char
acter which will make their labors a per
manent portion of tho law of tho Btnto.
I'nilii i- Mcllinil for Heller.
It Is well to suy that this Is not the
M-opur method of providing for a court of
last resort and thut tho day should be
liastened when tho Jurists who dellberuto
m our hlghost tribunal shall bo commU
hIoiiciI directly by tho constitution Itself,
llut while this la grnntod It remains to bo
nddid that no ouu but un extreme theorist
nn object to thu practical necessity of dis
posing of t!io problem now before ub, by
means of a suproino court commission,
numerous enough to transact tho busi
ness of thut court without further
lulny. In tho gradual dovolopmint
of our political institutions many
useful purposes have been served
by ofllces and ofllclala whoso status
was not strictly legal, but wus Justlllod by
necessity and given ample sanction by tho
general consent nud acquiescence of the
public. The do facto ollliors havo quite
frequently served thu public as well as
.ueir no jure iireiliren. It Is probable that
tho extra-legal electoral commission In
ls7(i saved Hie nation from civil OIhIuiu
nllce. Thu good house or the people la of tun
shown by their ucquliwconco in a practical
J S KlltKl'ATItK'K
W 1 1 OM l I .M
K. It DlM-'Kin,
status aud thu avoidance of theorotlu ulcu
tics. Kroiu that point of vlow the suproino
court of NobiiiHku now contains twelvu
Judges, who will grunt to our people what
thoy havo not hail for twelve ycurs, "Jus
tice udmlnlatored without denlul or dolny."
I'MIANCIS A. HltOHAN.
A Bachelor's Reflections
New York I'ress; A wicked man Is us
bound to gut thin as a successful actress Is
to get fut.
Sumo women dress Just us much to
worry tho men ns thoy do to please ilium.
Hulf thu time when a girl lllrts wMi
a man It Is only to make another man mad
that has been lllrling with her.
Ileforu a man Is allowed to ask for a
woman's hand ho ought to bu mado lo look
at It for fifteen minutes through a tele
scop u.
Tho woman who will Ho a light pink satin
ribbon around tho neck ot a bow-lcggid,
cross-eyed, hang-lip bulldog, ought to ui
sent lo n sanitarium.
The Pace
Dutrolt Journal: With u heavy heart the
Hoiio observed that thu Hues of his face
deepened duy by day.
"Oh, Tlmu!" ho cried, "thou art Indeed
unkind!"
"You can't oxpuut favors after all you've
done to kill mo!" retorted Tliuo, curtly,
chancing to bo at thu moment personified.
This fablo tenches that tho pace cannot
bo gone without certain footprints, vltlorum
vestigia, resulting.