, 1874-06-20
1nngnago Of Lord Drouglam, "1n tho great mn

CUf1lh1l1H f1utitlQ0 UI W0rtld lEuin WHICH, II tH0
roa matter In dispute, eau be Batloiod at nil, IL
IL is only by guoss work, or BY communications
glves not ovsn a Lint" Tint analysis must DO
ITsIEithor beforo tho trnl, by tho lawyors
IN tlloir Offices. by meana Of logical statomont
Of tho canae Of action md tho defenHo upon tho
reel san merits ,I,,t 7, the plentlRh or
'aS aatva@Sftor tic Trial, upon settling tho bill
Az it is NATURAL for all mon to sl,rink from
prcsopt labor, lawyers naturally ,dosiro to.post-
pono tho work Of aualyais Until thoy aro forced
to do 1t.
1t iA 70 oasy for tho plaintiff to plonl In gan-
oral tormH nnon tho common co,lrtH and for tho
plaintiff to prove overs. allegation Of Ills ploal-
Ing. whom, ,lnlof 1t, 1t is permitted to prove al
most ally kind OF tefoRgo, that u may ny n9yor ba
ssss.S fol eaas s II t1a ss arys sSsss S ''''8 will 0s'
the oaso -' 90"
AnE NOT DnouanT OUT
upon tho record. They do not appear to tho
Ju1Bo until presented in . wranglo botweon
couunel aAd Witnesses, in tho midst Of rabplo
OF collateral aud immatorinl issllos upon which
Testimony Is oforod, and perhaps a hundred OK
coreions takos upon matters inaao necessary to
be proved by tho Boneral Issue, but which flavo
no rcal bearing upon oithor Hido upon tho real
question upon tho morits.
Alr. Wiliam II. urcone, lawyer Of diatnc~
tion, Of tho City Of Buffalo, In 4 very vigorous
tho rsles Of apoc!al p)uadtug waro ra1uxod, aud
why the 13ar aro oproucd to spocial ptaadiug.
The rollxntloh OF Its rutca and tho ab,IsoH va
pleas. together with tho poryorsions OF tito uRo
Of tho general Issue till II worse than WORTH
lesa, had their motive, rise, and propagation In
tho aloyenly and unscicntiilo it'clinatiotla aud
habits Of tho lawyers. 1t iH human nature. lilo
poor ones nevor wish to eltor upon q oontro-
yersy, cxcept at largo or Mt rando1n, III tho first
Instance. Thoy choose to drift away upon its
to boing obliged ut first thoroughly to examine
tho controversy, TINT they. may gatgo aud meas
ure it to scrutinize resolve aud state tho facts,
or its law, on paper, by tic teat OF thcso inoxo-
! formula, that tGo simple points on which ita
! uerlts or itB logical fnto turns mny bo nscer-
! tainea and publicly adjusted on tho record, by
Which tho htigants must stand or fnll. and taso
requires, ut the first, viginnt Intention,
CLOSE AND ACCURATE THouu1IT.
Tho factB have to be ascortaincd, weighed, and
aifted; their roal bearing appreciated and ntl-
ical formula with prompt decision. OF course,
| tleBe mon clloopo to enter into tho controversy
| Of large, aud drift down tho etroan OF rnguoDesB
and proiixity to tho tr9l, whore all anterior re-
BpOnHibilitJ to tho public, or to toir ollcntB in
lost amid tlrong Of witnesses. 4 hugo, i'm
wleldy maHa Of Testimony, tho shifting tortuoai-
! Tics Of tho charge, Il blBthng rabblo OF points
mud exceptions; or. still aitorward, OIL testing
| theHe, over and over again, on motions for naw
triais on appeala or writs OF error III the appel
late court
Nor docs tho good lawyer caro- to undertake
shet oyen LIS eea oes ot or Is foss 70 70
havc 1t dono, lost tho event should cool his 1jas-
sions. or demonstrate what might mako him un-
comfortable to know ut oaco. TINT the law OF that
facts are fatal to Lis caHo DoHldoB this class Of
| ff1tHt mi 1yna mir raj md
hayo no opportunities now, as thoy think, for
inquiries into or consideration Of tue facts, or
tile law applicable to or affecting them, or to
prepare aud Hottlo, beforehand, special plead
ings. Each OF tls clasB of lawyers il Hwsll nwaro
that this special rcasouiug, or pleading, lRs 10
DO done somewhere in the progress Of tue case !;
but, without stopping to search iuto oil its cir
cullBtnncos, i'll order to do 1t ,iop, sapa and ex-
pross its stops IN thoso fornu1tp, it suits much
better hiu enso and accountability to procraHti-
nate the hour Of undertaking tho task, aud defer
it fur trial aud then do It, OIL his foet. In open
court, by mutual altercations between the Judge,
tho adverse lawyer aud himself. II not then
done satisfactorily to himself lo does IL aftor-
, ward by means OF 4 case md bill of exceptions
on appeal. Yea, it suits. too much better
lIIB INTEREST,
for no foes likely to bo proper, or allowed. for
such preliminary mud scientific investigation,
preparing and aottling tho single, real, and es-
Hential question in his Office, by It'll colihunmato
resolution, or tho logical olarioation Of tho con-
troversy through tlio medium Of these formulm;
cnn compare, even III amount with those charges,
proper alld reasonable for attending courts nul
long trialb, or preparing aud settling volumnous
cases aud bills Of exceptions for appeals, tho
series Of torn fees, mud, Bou,o tine or other, ap-
pearilg at court 1T 1anc,: and there arguing
tho1n. Yet it may, in tho end, become reniidl-
loably manifest, that lad httla Of tbs costly
al the 1eginning, it would thon laso
been found that there was not in it u
point. Of law, or, fact, 1T to- no litiguted
at a!1. 1t il tic lawwyerB, thcroforo whv, Wit
judico or contumely. They viii porpotuato tho
scandal, bccallse, forever, both their inolina-
tIons, tAoir convenience aud their interest,
make them, perhaps, unconsciouHay, ayerso to
tho" plan OF special llealIng. Nor win thoy eycr
resort 70 i Of their own mind. Nor, indeed, can
one do it If 1t il not nude compulsory on ul It
must bo compelled by the htatosman
by rosortiug to tho old rulo against general
ploading, aud nganst muro than one p!oa upon
tho IAorltB unlesy BY leave Of tho court, for rca
SONS shown to ooxist by tho outh Of tho party o.
his counsel, aud thus compelling tho parties .nnd
tlolr counsel to aualyzo tllo causes in the oiices
Of their lawyers before tho oattao is got for trial
It's very clearly shown by him that, in tho State
of Now York, throo-fourths Of all tho appeals to
tbo Court of Appeals in the State
WOULD LIE AVOIDED. -
IF tho nnalyeiB h nlndo at tho trial, inHtead OF
Tho one issue ,lpon tho merits, tlioro may boS
dozen upon which III appeal may DO takon TO tha
court for toyiow. I do uot recommend a ropual
OF Ehe cbu0,' fOe tnAt IS 1!npfaclcADlei AMu Lie
Baalo objection exists under tho common-luw
system Of Illinois.
,What I would urge, however. Is to abolish
gonelal blending under other syston,, and got
oral dollials, and prevent double -delenBoH upon
: tho norltB to the aasne causo of action, e1copi
wl.olrYhown to be necessary, to tile satisfactiof
Of the court boforo tho caso' is set for trial.
Such q reform would, I have no doubt, saw
hnlf of'atl tho expenses Of rlitigation in the Cir.
: cult Court, and prevent
MORE THAN OHE-I1ALF
OF all appeals to tho courts Of Inst resort,
1t would not glyo oue-half tho prosout labor b
tho Judges, a1ld would thereby gvo to then, :ntlt
to tho counsel who argue bofor6 item, mora tint
forargnmont aiia deliboration II by luw tho coun
kol Of retrospective parties in the City of ChiougA
woro expected to analyzo their casoa upon ths
norlts and reduce them to single Issue OF law
or Ut fact, boforo thoy woro set for trlal, ono