, 1870-12-16


To tie Ezfitar of TIE Chtaeeo TitwEt:
In YOUR recent article upon !" What the Con
yention hAs left to the naxt Legialature.'
vou advocate thorough reform. or rather
cnange, in our whole a5stem o. civil proce-
dure.,
In doing 70 yon hold up for our aimisation
tho Nav York coda Tha State Of OHIO and
tho others you menaon hlfe euoatanusliE
atlupted the new coda. This Is serious 4uee.
ton, inAarnuch as upon tho proper adninlssra7
. ton Of Justice depends the veil being, OF So
clcty.. fpu remark that according to the aTer-
are standard Of Judgment among llwyera, the
EtAta Of New York and the othera mentioned
are far in adrance Of the State OF Illinois In
that regard, and henca call upon our Leg1sia~
turn to adopt similar system. It seens to rs
| th1t you adopt what the Nation calls high
prior3 system Ct reasoning. What this world
| Of ours most needs ia fAets. We need tho
ability to discriminate between fscta md alro.
know dfst that tho thing TO be reformed
reeds reforming: and second. whAt better
! thing can ne put in its place- In the first
place, nc decidally deny thst the majority OF
Illinois lawyers think the Now fosk code pre-
| ferabe to oun. Not one in 4 hundred Of the
| Judges upon the bench, And Of the Lawyers
having / respectable standing It the bar,
| would exchange systcms Of pleading.
| OF the New York lawyers, Charles OConor,
WHO il respectable authotity. hut abort t11ne
I ~
the New 1ork code, vheo compared With The
common lar system; and Of stualaE ness are
tha leading laWyers Of New SosA- 1t is An ad'
vance backward. .f...
Ecu admit that Law and chancery must be
substantially kept separate And DO it tecuas
they muas. And in your ,odranced States
a.thoy arc ~ separate AZ under our system.
You ask us 10 adopt ths Ssw York sysseua,
get yuu grieve Al the denial OF tust1ce thefe;
Where vi you and a. ssgamenh. r., N III, rscs ,o ..
cery Court woska well Il sesna to Us tint
) | yopr argument tails. And xEzinr Tou state
. that mans business may ba shut up "itaoct
redress and without appcal- 1t may oe %
under the Sew York code It Il nos 90 IN lna
;; nois There IL no such thing - irving cset
, a payfe, xnd thera Is alxaJs right Of arpesl
The eoppa1iaon ins.itntod betweon tho .iaN
and chancexy sides Of the court ty you- t. IN
teresting and norel, but it iAcka me elemea
of tIuth. Ynu state thai. :. the Law regard =
: The must. and the rishta that grow oss OF Il
vhiia equity seeks 10 guard the future. Ant
4 | secura lie interests r. parties heseafter-
That ls not = Il! t.ne - pseFsS@sson e. ,'soE,
a | cna,dino tha future Bills to redeom, bills Il
Il inpsxcb + record, or to take N account 9
raftnership afairs, hAfe nothing mosa 70 o
4 With the future thau has proceedtnG u Nv
No system viii become pes1est 10 long =
h1@.n 1aseiat ~ ii Tes'ns ,hs neT epdes IS .mpy
sta,e The facts Of the case in Logical manne'
= q But the difficulty Arisen tn thlr, That ny l4s
ye1B srs not blessed With high iosaeA u.
g ! ul,iea, ard hence they nssd some AIDS.
,ss n gf Fess Fsssssas9!s ss ~. ths tt 5sats s
N full Of adjudtcahons npon The 4uesao,.
ds Of prsctSce, and pleading il New FORK nay
sc said now to 10 as technical IS our o~n systss
And they follow pzeseaen,fss T., = !. e.e.es . d.s
- snd adopt another which ia Ill 1t 49, ~
- vhich mpst be travelled over again aud bccoc
Il | a. technical - tho one rs have? Ihoee "
~ ! originated our syssern wa<e the leading min
il of the past. And do NO knnT mora ,hkn
le Us? All OF thoea states which hAye adopt
"a the cnde are drifting back to Us. Ihs wol
sseus to hA1e spells ct icoroclAsra. but ags
va III sad reund. and once mora admire
nd dear old pictn1es xh'sh T. We oIse w9sksd p
~ ~. throw thdbad. join the "hoHhng si.teshoo
ia Hare I'D Tiers No need reform In our sy8t
nee Of ciyil procedure, hut only reform. not
Il soufh hat ~ oes 1 aot Hn @t
~ a1ainst the tvstem. 4 little judieaoua pr
ttU irr here 5ud }here is desirable. Lat ~ ua
esA .4sx{y xhcut theee thlnEs. Is the EnElish
oos- Let a. na destroy nohle seaple, and rep'
yo.- it with Shauty.
led You sre entirely rnistaken In regard 70
lna, eeeteu of pleading delaying 1uafies. e.
ease an be re.dy for txi.i ~6sn II is reach
a.p. What We want Is more Judges to do tho b
~ The very thing which you consider the
~. we feet In our system Il really ita auperic
80 go over the code system With ID the case L
ICES be erepaIed for trial, and ii is ,
E1u- rarely, indeed, that continuance .
be had after uiAl is commenced
a ex- order to amend the .ple.ainss,
en- to uaaex the code, the ex1ctness With which
ID 70 faets are stated m the petition, instea
e Ii their legal conclusion, renders It shsolt
osceeeaSy to amend Il gu t1ial the faeta eh
hsd ] prove to oe different from what the PIE
nt,x- | suptosed. and the cauee must be continue
hnnt We must either advocate soma wsl1-de
~ ~ *vste.n Of pleading or We must aboliah %
- :. e,s pleading Atcgether, and with it courts .
ntn,- cord.
I'LL The lswyer who il capable Of pract;cine
md who d able to understand his ca.e,
ennef % difficulty under our eyster1, neither
3pha be meet 1ith delay On thst ground. tt
nresa- lars Of he lac ars slxays for other roa
,sdsns Lot us 3Eitate The question, md Let III
aaise, the faete, md do not lot ~ b Hlne
NIB N theories which are impracsoahle and I
of1aes neptnl Let III adsanoe, but b esgefp
OF the cur aays1ea ~ 70. setsests