Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-09-11

must be abolished, 1.-The good retained England has
commenced the work. and the path Of justice is there
being cleared from the embarrassmens OF sophisticated
form and senseess jargon, and in her wake follow
ing many Of the other enlightened States and kingdoms
of the world.
In every well organized State the laws should be
adapted both in their Provsonay and practical require
ments best the great end OF protection TO
the citizen in all his rights and any system which falls
short Of this is necessarily imperfect If the law de-
cares the right and yet makes provision or an made
quate for the enforcement of that right then does
the law become dead letter, and the right Is lost Any
plan Of legal protection to be perfect must contain with
in itself theory, but such theory must be made by the
system practical and easily practical Every i'm
pedment placed in the way Of easy and prompt add
minstration Of the law, is just to that extent denial
of Justice 1t is in vain to say TO the citizen You have
perfect remedy in court of jusce"-so long the
law itself provides for delays pOstponements and contn
uances OF every imaginable character. OF what real
worth is his claim for money loaned against his neghbor
if that claim be enforced against the best efforts
delay hint He is met with continuances, repevn bail,
stay laws false pleading, demurrers inuncons, writs
Of and appeals and by the time the formidable
gauntlet run-Perhaps at the end oil nye years from
the commencement OF the suithe is left TO take
ecution returnable year from its date against
solvent debtor! Then he has the 60
again against the ball. that 10y the time the second
has been gone through with the claim has proba
bly, all be expended in the litigation This is no inn
aginary figure The parallels may be found in abundance
in nearly perhaps quite every county in the State as all
who familiar with of Justice can bear wit
practice And shall this system continue In face Of
present constitutional requirements that 'ustice shall
be administered speedily and without delayp Will the
Legislature by the perpetuaon oil our present lmper-
feet and defective system OF administering the laws,
render nugatory the valuable portion OF bill of
rights! and continue to deny to the citizen what the con
sttuon of his adoption tells him plainly he is
entitled to- Shall the sovereign-the law making pow
er by refusing to adopt prompt and wise code oil
tce continue to say to the party seeking redress that
long that redress may he had at all the lapse of
time is not material, and that speedily and without
lay" means the ordinary life time Of manl What then
becomes of the oath soemny taken to support the
Constitution? and what of the Constitution itseli All
experience teaches that speedy execution of the law,
forms the great conservative feature of the State "The
laws delaythe proud mans contnmelv, has only
formed the poets theme but the wisest and greatest Of
men, speaking Che language OF inspiration has told us
that "bccanse sentence against evil work is not
speedily executed therefore is the heart OF fully
in him TO do evil" The moral sense and the practical
conduct OF people is rarely any better than the laws
which govern them. The law the citizen, 'true
you your neighbor honest debt for money which
he loaned you, and you and ought TO pay him. but
still, may keep him of his money for the five
years If you will employ good counsel, technical and
legally conscientious man. whom it would be deep
affection to let of my advantages escape him. through
whose aid you may avail yourself of all the articles
which granted to you After you have exhausted
the continuance practice which, by the aid of little
sharpness may be made to last at least and half
-(for you know for any good shown" is very
liberal phrase) thea commence the demurrer practice,
which will be quite give you another six months
At the end OF two years n and by your general
issue tell barcfaced lie Ia legal lc sort of white
lie TO be sure) and then add this great number of
asehoods in the shape Of false special pleas upon which,
upon the subsequent proceedings get up demurrer
or two, or three of them, the the better, and, in
your argument, take up your day in oourt"-and for
what let me ask To ascertain whether this lent mon
ey ought to be paid2 No. but to determine the grave
and momentous question, of whether conceded legal
lie has been told in technically legal FORM "Your
special pleading defence is perhaps finally held INSULT
cien and your advocate WILL of course most Indignantly
let Judgment co. and take his remedy in the Supreme Court
The plain, unsophstica citizen might ask whether there
is not some to remedy such practces-and whether
the law really permits asehoods be put record in
our courts with impunyi ~ n
Is it true that Circuit and Supreme Judges are
called upon to decide imaginary mattersl-cases
not even founded IN fats! Strange II may seem,
such, at this moment is the law of Indiana Our high
est Judicial tribunal in the of Walpoe Cooper,
70 Backford 1909 have soemnly held and decided that
however false plea may be- provided only the form is
good, and not frivolous, that it be struck out,
upon proof of its alsiy upon notion and this decision
IS said to be in strict conformity with that fountain Of
human wisdom, the English Common Law, as iustra-
ted by the decisions of the of that country True
the same court, four years before, have
held very nearly to the contrary that the law did
require false pleas be struck out upon motion Smith
o. Webb Blacklord 2S7) But the decision last made
must prevail and be taken the law; and it appears,
too, to be well sustained by the modern English
authorities Well them the question is settled, and this
august tribunal, the Supreme Court, must spend their
time and talents in determining what may be called the
of the law AID our friend at the end of two
years. two years and half the may be, now
finds that the claws delay" has, il were but Just
begun TO show its fangs After judgment replevin
bail and six months stay and this completes the whole
cycle OF three years. during which the party attempting
to enforce his claim has been put to much
and loss-probably been sued for the Of this very
money to pay his debts with and, likely, in his turn
has been doing he has been done by his prop
erty from sacrifice and himself from utter ruin. Now
them he hopes that he may be allowed without further
delay TO take his execution returnable year. and
thus, within four years, realise his money. But no
" not so much speed there. sir, yet to take my
medy In the Supreme Court" Record procured-super-
sedeas granted almost matter CT course-bond in
error given-case docketed-about second term after
dockeed submittcd-hed under Amusement from one to
five yearsdecison is that defendants special lie is
strictly legal-sent below for trial and another
three or five years seige. repeat, dealing in
the imaginary or unreal Every practitioner at the bar
and adge upon the BENCH and many Of the suitors in
our courts Ito their sorrow) know the contrary that
have feeby sketched very common case, the para-
lels OF which may be found all over the State And
where is the fautl In courtsl Perhaps somewhat
there but mostly in the law itself A bad system can
never be made produce good results GAS we'll might
men gather grapes OF thorns, figs OF tstles" Bus
there is ray of light shooting ahwart this legal gloom
and in that ray there is hope The Constitution
al Convention the injustice done to CON-
muniiy under the forms Of law. Many Of the members
OF that body had been long connected with legal pro-
ceedngs either judges, lawyers parties litiganr
and such, they had the mere FORM the shadow
reverenced, while the substance had been sacrificed
PLOWDEN.
Election of Directors.
meeting of the Stockholders of the Lawrence
H1rn anil Dafl~.