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THE GREEN BAG

or delay in the courts of first instance. The Supreme or Appellate courts of those states are, however, more or less behindhand. In Colorado the docket of the Supreme Court is so congested as to cause two years' delay, while in the Court of Appeals nearly four years pass before an opinion is ren dered. Recent constitutional amendments consolidating these courts, and increasing the number of the justices of the Supreme Court, went into effect in April of this year and, it is hoped, will work an improvement. The Michigan Supreme Court has been flooded with appeals and considerable matter of original jurisdiction, but long agitation has secured three additional judges. This and a contemplated intermediate Appellate Court should result in improvement. Until recently Montana's Supreme Court was about two years behind its docket. With the aid of three commissioners it is now catching up with the work. The Supreme Court of Nebraska was, in 1901, about five years behindhand, but the addition in that year of nine commissioners brought the work up to date in January, 1904. At that time the number of com missioners was reduced to three, and by January, 1905, the court was about one hundred cases behind and continually losing ground. In Georgia, New Jersey, North Dakota, Pennsylvania, South Carolina, and Wiscon sin there is little or no delay or congestion in the Appellate courts. In Georgia the Supreme Court cannot get far behind its docket. Although the number of cases an nually heard there range from 900 to 1000, the Constitution provides that all shall be disposed of at the first or second term. If a plaintiff in error is not ready at the first term, unless for Providential cause, his case is stricken from the docket. Judgment can be withheld until the first term after argu ment, and if not then handed down the case stands affirmed. The average time from decision in the lower to a hearing in the higher court is six months. There are

but two terms yearly. There is no acute congestion in the trial courts of Georgia, and none at all outside of Atlanta. But in the Superior Courts there is some delay because of infrequent terms and because, no matter how plain or undisputed the demand, judgment cannot be entered until the second term, and this may involve a year's delay. The New Jersey Supreme Court and Court of Errors and Appeals are each but one term (four months) behind their work. An opinion is rendered in from twelve ta fifteen months after decision in the lower court. The only congestion in New Jersey's trial courts occurs in Essex County in which Newark is situated. In that county it takes approximately eight months to secure a trial. The Supreme Court of North Dakota is two months behindhand, due largely to temporary and personal causes, so that there cannot be said to be any real conges tion or delay. There is, however, one unusual and peculiar source of possible delay — the right to except to instructions after verdict given and jury discharged. The courts of first instance are, as a rule, free from congestion or delay, but in a few districts there is six months' delay, and in one court eighteen months elapse before trial is had. In Pennsylvania, particularly in Phila delphia, the trial courts are somewhat con gested, but there it is not the congestion or delay from which the Bar and litigants suffer so much as the uncertainty. Not in frequently a case in the Common Pleascourts is reached within six months. In all the courts, except one, there is a trial list of fifteen cases made up for each of thefirst four days in the week. There are no jury trials on Saturdays, and it is manifestly impossible for any court to try sixty cases in five days. As there is no preliminary call of the list it is impossible to foretell when a case will be reached. If not reached on the dav after that for which it was set