Southern people.

The American plan of written opinions, at least in all cases of
novelty or general interest, works better in small States than in
large ones. No judge can find time to prepare more than a
certain and quite moderate number in a year, if they are such as
they should be. The shorter they are, the more time generally
has been spent in condensing them. In a great State there must,
therefore, either be a larger number of judges, or every few
years there must be a temporary addition to the judicial force to
clear off an accumulation of cases. The latter expedient is
generally preferred. Sometimes a small number of lawyers are
selected to serve as a special commission of appeals. They sit
by themselves, but there may be a provision for their submitting
their opinions to review by the regular court. Some of the
leading cases in our reports have been decided by such
commissioners. In California, where such a body now exists, its
members are appointed by the court, and removable at its
pleasure; but ordinarily they are chosen by the executive or
legislative departments.

Sometimes when the cases on the docket of the court of last
resort reach a certain number (in New York this is put at 200)
the Governor may call in judges of the next court in rank to sit
with the regular judges until the accumulation is cleared off.

Fewer causes can be heard and disposed of in American appellate
courts than in those of other countries by reason of two things,
our practice of delivering written opinions and the fulness of
treatment thought necessary in such opinions, especially when