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[newspaper article, line breaks ignored:]
"Fairbanks Daily News, Monday, Novemb
{Nov 4, 1907}
Record of Wickersham's
Decisions on Appeal
In Eight Years Has Tried 1726 Cases---33
Have Been Taken to Higher Courts.
Only in 10 Instances Has Decision of
Court Been Reversed---Attorneys
Agree That This is a Remarkable
Record.
One of the very interesting questions before
the people of the Tanana for some days past
has been: "How many decisions of Judge
Wickersham, taken to the circuit court of
appeals, have been reversed?"
At some expense and a great deal of
trouble, The News has taken pains to gather
a very complete digest of the work of Judge
Wickersham, not only while acting as Judge
of the Third division, but also while occupying
the bench of the United States district court at
Nome and Juneau.
The result of the investigation, as shown in
the tabulated statement which follows, can
only be construed with the utmost favor to
Judge Wickersham.
A record of 30 per cent of reversals, which
the table shows, is considered something very
remarkable by members of the local bar
association. The News went to the pains of
ascertaining from the members of the bar, of
the district court of the Third division, the
general average of cases reversed on appeal
from district courts to the circuit court of
appeals and from these two, together with
the appeals taken from state supreme courts
to the United States supreme court. A very
large majority of the attorneys interviewed
were of the opinion that 50 per cent of reversals
would be a very safe average.
Judge Wickersham himself was interviewed
on the subject by a representative of The News.
Speaking, without any knowledge of the reasons
which prompted the interview, the judge was of
the opinion that 40 reversals, on appeal, out of
every 100 cases, would be a very fair average.
Many of the attorneys also pointed out the
fact that appeals are taken on fine point of law
which the court must necessarily decide off hand
during the course of trial, and which the higher
courts must also necessarily have time to decide
after mature judgment has been passed on their
merits, and after consulting their authorities on
the questions involved.
The fact that out of 1,726 cases in which final
judgment has been given, Judge Wickersham's
decision has been appealed from but 33 times,
and his decision reversed in but 10 instances,
speaks volumes for the legal attainments of the
court, and makes more incomprehensible than
ever the reasons for the bitter fight which has
been waged against him.
Bt it also said to the credit of the local bar
association that they view with favor the view
taken by the circuit court of appeals of the
Ninth circuit that minor errors in practice, and
minor errors in judgment of the district courts
of the United States bear but little weight with
the gentlemen comprising that court, but that
the appeals are largely decided on the general
principles involved, and by a preponderance
of th evidence presented therein.
The following table clears up every moot
point which brought about its compilation:
The Records of the District Court at
Fairbanks, Nome, Valdez and Juneau show
that Judge Wickersham rendered final
judgment, decree, or sentence curing the past
eight years in the total number of cases
pending in that court before him as follows:
Final. Judgments.
Fairbanks…. 831 Nome… 537
Valdez……. 243 Juneau… 115
Total number of final
judgments in eight years, 1,726
Cases Appealed.
To the Circuit Court of Appeals and Supreme
Court of the Unites States.
Total number of cases decided on appeal… 33
Total number of cases affirmed on appeal… 23
Total number of cases reversed on appeal… 10
Total number of cases decided in eight years 1726
Total number of cases reversed in eight years 10
Percentage of appealed cases reversed, 30 per cent
Percentage of appealed cases affirmed, 70 per cent.
Cases Appealed from Judge Wickersham and
Decisions given by Appellate Court as Follows:
Stockslager vs. U. S., 116 Fed. 590 Affirmed
McDougal vs. N.W. Com. Co., 120 Fed. 1021 "
Ames vs. Farrelly, 121 Fed 820 "
Price vs. McIntosh, 121 Fed, 716 "
Piper vs. Cashell, 122 Fed. 614 "
Reedy vs. Wesson, 122 Fed. 1021 "
Walton vs. Wild Goose Mining Co., 123 Fed. 366 Affirmed
Bruce vs. Murray, 123 Fed. 366. Reversed
Pacey vs. McKinney, 125 Fed. 675 Affirmed
Anvil Gold Mining Co. vs. Hoxsie, 125 Fed. 725 Reversed
Richards vs. U.S., 126 Fed. 105 "
Owens vs. U. S., 130 Fed. 279 "
Brosnan vs. White, 136 Fed. 74 "
Meehan vs. Nelson, 137 Fed. 731 Affirmed
Copper River Mining Co., vs. McClellan, 138 Fed. 333 Affirmed
McConnell vs. U.S., Oct. 23, 1905 "
A. C. Company vs. Debney, 144 Fed. 1 Reversed
Madden vs. McKenzie, 144 Fed. 64 Affirmed
Hemple vs. Raymond, 144 Fed. 796 "
Johanson vs. Sondheim, 145 Fed. 620 "
Martin vs. Whites Guardian, 146 Fed. 461 Reversed
Bartolis vs. Cascaden, 146 Fed. 739 "
Lange vs. Robinson, 148 Fed. 792 Reversed
Callahan vs. Peterson, Oct. 12, 1906 Affirmed
First National Bank vs. Fish, 150 Fed. 524 "
Marks vs. Gates, 154 Fed. 481 "
Meehan vs. Nelson, June, 1907 Reversed
Charlton vs. Kelly, Oct., 1907 Affirmed
Hardy vs. U. S., 186 U. S. 224 "
Binns vs. U. S., 194 U. S., 486 "
Perovich vs. U. S., 205 U. S. 86 " |
