, 1874-11-07


wo trust tho right way will DO followed.
JUDGE M'ALLIsTER on LITIGATION.
III TuE TRIBUNE this morning wo priut most
excellent letter by Judge McAl1iBter, of tho Su-
promo Court of Illinois, to the Secretary Of the
Bar Association Of Chicago. That Association
Ind passed Il resolution advising that tho sessions
Of tho Supreme Court be centralized, tint Is,
alt hold ut one placo,-and this was urged as
means Of facilitating tho business Of that Court.
Judge MoAlllster, whlo approving Of tho inteu-
tiou Of tho resolution, points out very clearly
that tint remedy docs not by any means reach
tho real evil. OF tho 700 cases on tho docket Of
tho Court at tho last term, ho declares that at
least 500 OF them wero such that, In tho older
States, "lawyors could moi be found WHO would
leopard thoir rcputatious" " by bringing them to
ths court Of last resort. Ho thinks tho thing
most needed iB reform, at the Bar, and ho ox-
presses limsolr very plainly w1len Ao Says:
What we want most III tho way Of legal reform ia 10
put IN 0rccual stop to tho Supreme Court of this
Stato being turned Into moro moot court for tho
neGectual purpose Of tho education Of thoso law
ycrs whom God Almighty noror designed to 10 law
ycre and who consequently never can bo awyera. II
It tho last usernnco Of my life, won1d say that
verify be1iove that II no casca were brought 10 that
Court but such good, sound well~oducated iawypr
would say ought to bo passcd upon by the court Of
Inst resort tere would he no morn complaint Of too
much business IN the Court.
Tho Judge alviBes the Bur to turn their attop-
tion to this grievance. Ho cites aeyeral ill.,
stances to show tho trashy character Of tho
casoa, aud especially tho appeals by the railroad
companies from Judgments against them for
cattle killed. Ho eayB that tbeso companies use
the Supromo Court as subatitute for foncoa on
their roaas. They appenl case involving tho
price Of q COW, aud by auch meaua cock to worry
tho plainhr into abandoning the olain,.-thom-
Bclvos spending moro money than would pay for
tie animal md keep tho fence iu repair.
This letter very appropriately calls attention
to the litigous spirit Of tue day. It might l,avo
added that tho American people arc tho ,noat
litiglona people iu tho world. We recently pub
lia!,od thu details Of tho reorgauized judicial
Hyatem Of England. Under tho now organfza-
tion, tho whole number Of Judges Of England Ia
twenty-onc, and these have Jurisdiction over tho
whole fold Of litigation. They hear ali common
law cases, all masters in chancory, ali probate
busiuosa. and nil bankruptcy mud admiralty
csses. They also hear aud determine cases
arising under the ecclesiastical law, and al con-
trovorsies with tile national exchoqucr. England
Is the groatcst commercial and manufacturing
country III the world with = population
Of 2I000,000 Of people. aud yet tho nunl-
ber OF cases tried before all her courta do
not equal those tried in Illinois aloue, Against
this judicial system Of England, ofaceroa by
twonty-one Judges, we havo in Illinois aome
thirty Circuit Courts, QUO hundred County Judges
for probate buaincss, and Supreme Court Of
Bcvcn Judgea,-aud this for population Of
s,o00,000. III the country at largo We have thirty
seyen Supreme Courts, averaging five Judges
each. There aro perhaps, in each State IN aver
ago of twenty-five courts. equivalent to our
Circuit Courts, aud probato Court, or its equiv
alent in tho two thousand aud moro counties of
tho country. 10 this immenso judicial array
must bo added tho fifty District Courts Of the
United statos, tho ntno Circuit Courts. and tho
Supron,o Court Of tho United Statea. AL theee
courts have aB much business as they can pos
Bbly attend to, nnd all tho courts OF last r.aort
ara overwhelmed with dockots that are far In
ar1oar.
II ia q question whether the extraordinary
litjgiouB spirit of the people Is the result OF 80
mnny COURTS or whether tho yast number Of the
courts is due to the spirit Of litigation. There
may bo much said on both sides OF that quos-
ton. All thoso courts In this country which wo
have enumerated arc courts 98 per cent Of
whose buainoss ia civil, us distinguished from
criminal. Owing to tho fact that controvorsios
botwcou citizens Of different States-noro
actous OF tlobt-may be brought in tlo Federal
District Courts, these courts transact vast
amount Of business TINT ordinarily Bhonld DO
done iu tho State courta yet The domand for
additional State courts il nude in every State.
Judge AtcAlliator stateR that tivo-soyeuths OF tho
cases takeu to tho Supreme Court OF this state
arc trashy, and such as no educated lawyer
ought to take to court Of last resort. Might he
not have gono further, and addod that the Same
OF even larger proportion Of the suita brought
in the Circuit Courts are 80 trashy that no edu-
Gated lawyer having regard for his reputation
would bring In any court? IL not tho Bur, AZ q
body. responsible tor tho trashy character Of
the anitH brought in all the courts7 The Logie-
lature not long siuco enlarged tho jursdiction Of
Justices Of the Peace to oil aumB not exceeding
5000, and nlBo In cases OF rep1oyiu and other
kindred matters. noyostieleaa tho demaud on
tho Circuit Courts continues. In fact. tho law
yors described BY Judge McAllistor. who deal III
Lockwood, appeal all their cases from the JuB-
tlco Courts, and eventually get thom beforo tho
"aeyon old goutlomon" who arc gravoly ro-
quirod aa tribunal OF last resort to determine
tho identity Of thelr clonts pig or cali OF tho
ownership Of peck Of corn. Tho Judge Ia
right In saying that merely havlug tho Court