Show AGAINST NEW GSHGO Bar Meeting Acts Adversely to Proposition VOTE THIRTYSIX TO SEVEN i Remarks Made by Some of the Attorneys I At-torneys Reflected on the Ability of Reputed CandidatesMinorIty Report Re-port Opposing tho Creation of the Proposed Tenth Circuit Adopted Proposition to Secure Terms inS in-S lt Lake of tho Circuit Court of Appeals Ij j I 1 By a vote of thirtysix to seven the members of the Salt Lake bur present at the meeting held In the Circuit courtrooms last evening opposed the creation of a new United States circuit to be known a the Tenth circuit A significant fact in connection with the matter and one which caused no little amusement at the meeting last evening was that almost every member mem-ber who opposed the establishment of the circuit last evening two years ago when the Wolcott bill was Introduced in the Senate signed 3 strong petition to the Judiciary committee of the Senate Sen-ate indorsing the measure NO EXPLANATIONS Explanations of this change of heart were not forthcoming at least not to any great extent those who explained at all merely Saying that after more careful consideration they had decided to thus and so or they had signed the former petition without much thought There was very little discussion over the matter Indeed the lawyers present pres-ent were almost a unit In their opln I Ions regarding the proper course to pursue and while there were some who opposed the adoption of the minority subject report not one spoke on the i A good attendance was present when Judge George F Goodwin called the I meeting to order George It Nye was chosen secretary Judge Goodwin stated the object of the meeting and I called for the report oC the committee THE MAJORITY REPORT George Westervelt read the majority report signed by C W Bennett D H Twomey and George Westervelt I The report set forth that the Eighth circuit is rapidly becoming overbur dened with work that the litigation In our State courts at present Is very 1 great and is a safe criterion of what the litigation In the Federal court will be unless litigants are discouraged wi dlscoursec the delays and enormous expense now I attending appeals in the United States I courts I also claims that the main business of the States mentioned In the proppsed bill Is mining and irrigation and calls for Judges trained in these special I subjects As to taking Utah from the Eighth district and attaching It to the Ninth tho majority report thought it would be hotter to have the matter rest as it now is than to have the change suggested The committee recommended that the members of the bar of the lw Slate and business men generally gen-erally use every reasonable effort to secure the passage of the bill Mr Westervelt stated that Judge Powers whom he understood favored the majority report could not be found after the report was written up so that his signature was not attached to either reportREPORT REPORT OF THE MINORITY The minority report of the committee comill which was signed by C S Varian set forth that the purpose of the creation of the United States Court of Appeals was to afford relief to the overbur dened Judges of the Supreme court of the United States For a century the sole final appellate jurisdiction had been vested In that court and for a quarter of n century prior to the or ganization of the Circuit Court of Ap peals 11 ordinary litigation the time from the lodging of a writ of error or an appeal in that court until the cause untl could be heard was usually from three to four years Of necessity counsel 1 who deshed to be heard in oral argument argu-ment W MP compelled to travel from all parts of the country to the seat of al ernment where HIP court sat and time plan of the inteimediate appellate court appelate scheme did not contemplate 1H bring ing of a court of final resort Into tnJns State or to the very doors of litigants eT coOs liigant Tho report shows that in n period of about four years there have been taken to the Circuit Court of Appeals from the Stales of the proPosed npw iivnSf 333 new casts distributed as follows l Colorado 212 Utah 25 Wyoming 13 Idaho 2G Montana 57 This shows an average of thirtynine cases a year and the report set forth that It was hardly sufficient to justify the erection of a new court and the creation of ad ditional Judges with their life tenure The charge made In the majority report i that business Is delayed in the Court of Appeals was denied NO MINING OR WATER SUITS The majority report also claimed that the main business in the States men tioned In the proposed bill creating anew a-new circuit I is mining anti Irrigation I but the minority report stated Ihul not onr > real mining case not vnfi socalled water suit has been tried in the Federal Fed-eral court of the district The minority icport further contended contend-ed that the most serious question with the bar and litigants is not as to the Lime and place of the hearing and de termination of their controversies I that these are matter of convenience and expense that must be con derft1 but lh principal question which always appeals ap-peals to the lawyer and suiter with controlling con-trolling force Is nsUo the character learning and ability of the Judges who are to pass upon the issues involving the lives and property rights of the cit izens j The minority of the committee was unwilling to leave the Eighth circuit for a new and untried exnerlment but was willing to have Utah annexed to the Ninth circuit and believed that an annual slUing of the Court of Appeals would be held In Salt Lake City to accommodate ac-commodate the t States of Idaho Montana Mon-tana and Utah In closing the minority stated that It could see no reason from the record of the past eight and ono half years for asking Congress to create the new circuit and therefore recommended that the bar and businessmen business-men emphatically protest against the bill loported by the majority or a similar sim-ilar measure I COMPETENCE NOT CONVENIENCE I Immediately after Mr Varian finIshed fin-Ished reading the minority report Mr Brown moved Its adoption his motion being seconded by Judge Marshall Mr Brown then explained his opposition to the establishment of the Tenth Mr I cult He said that what Is wanted is a competent tribunal not a handy one 1 I I that litigants appeal cases because they want better decisions not handy ones Mr Brown said the majority report asked that some one be appointed to this office who could administer the mining mi-ning and Irrigation laws ably but asked if I It were not true that the whole talk about the Tenth circuit was for I the purpose of leading Into office men t who are known to be notoriously l unlit for the office men that you would not trust at home and that you would not trust at all This remark was greeted greet-ed with applause And he asked further fur-ther If the whole thing was not agitated agi-tated that somebody might obtain a judgeship cheaply and dishonestly before be-fore there Is any demand for the clr culL Mr Brown said he had noticed I an article In the Herald favoring the I I establIshment of the Tenth driult on I th < ground that litigants and wltnfls t I 1 would be saVed So much expense and added There Is only one member oC tin bar of Salt Lake who IB Ignorant enough to wMle Unit and he is an applicant ap-plicant 1 Ill tile position Judge Street apnioved of Mr Browns remarks und thought the only practical suggestion wofc hilt Utah bo attached to the Ninth circuit The minority report was then adopted adopt-ed 86 to 7 Ml Rotjcrs moves that a commltteo consisting of Messes Brown Mar hftU and Dlckfton be appointed to transmit to Senator Hoar Congressman na iy and I Senator Uawllns the onij representative representa-tive Utah has jn Congress whlth I caused an audible smile to pervade tho room the L result of tilo action of I he1 meeting This motion METIS amended by Mr Varian to include after the word meeting together with a report to hi drawn up by themselves based upon such facts and dates ns they have at command upon the merits of the case which amendment was accepted by Mr Rogers and the motion prevailed Bcnnor X Smith moved that a roll call be had that the votos of all present pres-ent might be recorded that the Sense of those who formerly signed the petition pe-tition referred to might be known This I was done I Mr Varian moved that It be the sense of the meeting that in the event of anything being done the t bar preferred to be annexed to the Ninth circuit and I his motion prevailed Those present at thC meeting wore Messrs McDowell Wlllltlmu ijlnonian Rlvce Morse lloppaugh W > 8tervelt I Burroughs Varian Marshall Dlckson Van Coll 13 Lewis Tanner Henderson J Street A Brown Rogers IJaldw B I X Smith Thompson Taylor Hempstead I I Hemp-stead Brenmiell Van Pelt Taylor S II Lewis Letcher Krebbs Dlnlnny Lee Whlttomore Sanford McKay I Dey Wilson Crltchlow Cherrlngton Richards Cherry Moycr Greenwood Nyc and Goo win I JUDGE RINERS VIEW I I think the plan to secure a division of this judicial circuit Is a good one I remarked Judge Fund lit the Knuts I ford yesterday The scheme as I understand un-derstand It IP to unite in one circuit I the States having the greatest community com-munity of interests especially In the lines of mlnlnn and Irrigation such as Utah Idaho Wyoming Montana and Colorado The present circuit Including Includ-ing eleven States is becoming too large for convenience But whether rellf can be secured from the present Congress Con-gress Is uncertain Congress has an 1m I I menflc amount of business to attend to especially In settling questions arising out of the Spanish and Philippine war matters of colonial policy the efforts of the Territories to get Statehood Industrial Indus-trial queStrons and others too numerous I numer-ous to mention I |