, 1875-02-07
BAR ASSOCIATION,
They Want to Make Litigation
Expensive.


A stated meeting Of the Chicago Dar Associa-
tion+was held yesterday afternoon, President
Aver in the Chai1. Tho attendance w2a quite
large.
II. F. Trley, Of the Executive COMMITTEES,
presented an informal report, to the effect that
the Committee had organized. ard appointed q
subcommittee to report change in the rulea,
and to secure another place for the meetings Of
the Association.
Alessrs. Richard Waterman, Arthur J. Cation.
G. ~. Pretzinger, L. ". Perce, and Charles +.
Butler, were recommended for membership BY
the Committee on Admission.
4 motion Was made to 1acommit tho names to
the Committee.
The Clair ruled this motion ont Of order, and,
in order to obtain the sense of the Association as
to the construction Of the bylaw on the subject
OF ba1lohns for nnembers-whether tho Associa-
tion could postpone action upon the admission Of
candidates for membership after the names have
been presented and laid over from one meeting
TO anothcr-an appeal was takent aud the decis-
ion of the Chair uas not sustained The names
were 1ecomml,ted to tho Committee on Ad1nis-
8loQ.
CONSOLIDATING THE SUPREME COURT.
11r. Jewett, OF the Judiciary Committee, re-
ported that 3 bill for tie consolidation oi the
Suprane Court terms bad been introduced
in the State Legislature that the Committee
had agreed to recommend the amendment
Of tue statutes so that nisi prius courts may
have the power, when the evidence xarrants
such course. to order nonsuis; that the onv
practicable way to diminish tho pressure Of ousl-
ness upon the courts, was to
MAZE LITIGATION EXPENSIVE
to the parties insti.utins it. Mr. Jeweti, In sup
port Of this latter Recommendation. character.
ized litigation Us luxury which It!gants should
par for: They should be compelled 10 advance
a portion Of the jurors' tees, and the courts
should hnye the power to order the payment of
attorneys fees He submitted the following Tor
adoption:
WaEEEAs In the Judgment Of this Association the
pre}udiced by the lAbers imposed upon the conrs in
The disposition Of unproatabe and frivolous litjga-
Won, md the expenses thereby thrown upon tbs tax
payers Of the State and
WHrnr1s In the judgment Of ibis Association, thu
promotion Of such litigation Is greatly encouraged by
Inc fact that tbs chief burden and expense thereof 10
borns By the people, and uonld be p1 p1oportionately
discouraged by imposing such burden and expense
upon The pa5es presenting tne same
such nodihcation Of laws now III force the
amount and taxation Of costs - alau compel the pay
demanding tr;al by jury. such fees to be taxed -
other costs in the case and shall gse the Court Letof
whom cause may be tried discretion to order me
party aganst whom Judgment may be rendered to pay
the other party reasonabts attorneys Fees the Same
70 be taxed and collected other costs In said cause
Mr. Jewett further ..stated that the Judiciary
Committee had relegated to A1r. Tuley the ptepa-
ration OF bill for the es.ablishmept Of an lptet-
mediate appellate court 10 reiieys the Supreme
Court of much Of its buainess-
NoHsU1Ts-
Tho amendment to Sec. so OF Chap. ITO, Re-
vieed statutes, proposed by nr. Jawett, il as
follows:
Sec So In all trials at lsw It shs be the right Of the
defendant upon the close Of the PLAINTIFF csse to move
the Court for Judgment Of nonsuis agains. 1s ne
enter Judgment accordingly whenever the evidence
shall be insufficient to war-1nt verdict In favor OF
ecuted from judgments enhrad ~ in other cases
but every person desiron8 of suffering nonsu1t "a,
trial sha be barred herefron uoeas hs do 20 before
the jury retire from tha bar.
Judge Lawrence thought the language ct the
bill too broad, it substantially put the Circuit
Judge in the place Of the jury in determining the
weight Of tbe evidence. .
Mr. Jeuet. said tne bill only contemplated tho
! allowance OF nonsult when tha plaintiff failed to
judge Dickey thought the bill was opposed to
i common law. lie suggested that it be changed
! SO that the evidence ehal support instead
OF .swarrant " verdict. Such = motion waa
| made and adopted, and Judge Dickoy moved to
add this clause:
And th.t hereafter in civil actions exceptions
shall le allowed to the judgments Of Circuit Courts
fuRing to grant trials. aud that such judgments
Judge BradYe!l believed that the attachment
Of this clause would ;eopardze the entire bill in
the Legislature. It would be desirable to incor-
porats it in another bill The lattar suggestion
Vas agreed to- and Judge Dickey's addition was
| Temporarily Withdrawn. .....
| Mr. NcCo7 moved the addition OF section
giving Judges the right to Give
ORAL INSTRUCTIONS
to iu1ics as to the evidence and the law. He be-
; lieyed this WOULD prevent many appeals. It was
! agreed to put this in separate bill
| 4 NOTION was then adopted requesting Judge
Bradwell to urgo the passage OF the bill rs re-
| ported from tue Judiciary Committee, with the
| substitution Of ''support" for "wa1ant."
! Mr. Cooper moved that the preamble and reso-
luton, given above, be referred to the Commit
| Tee on Amend uent Of tho Laws, With instruo-
| uons to report bill in accordance Herewith.
| MIR, Moran thought the two propositions had
better he reported. as he believed that the clause
| requiring the advance payment Of jury lees
| would defeat the entire bill.
| Mr. Dexter was opposed to both the measures
| contemplated in tie resolution and quoted
! Buckle to prove that litigation was not luxury,
! but q necessity. Access TO the courts Bhonld be
| made easy to all citizens
! Mr. Horton said that the wnr-cry IN the LeEls
| lature was 'cheap justice, and ha did nos Do
Ieye the bill would pass. ..
Gen. Stiles said thus was no reason why fhs
| bills should not be urged. He opposed bots
| propositions on other grounds, believing tha
| Justice, like salvation, should be iree-
Mr., Withrou thought that litigation WAS t',t
result, not SO much Of misfortune as Of :" pure
cussedness" on the part OF the people. II the!
adopted an expensive mode OF litigation, le
| them pay the expense.
| The preamble and resolution were referred tt
| the Committee Oh Amendment OF the. Laws
| With instructions to repor; separate bills
Tho Association adjourned until next s&tur
I day at p. m.
|