Savannah morning news. [volume] (Savannah) 1868-1887, 1882-04-29

OOugTecs mas LOT sOLnc tlAASs AoU OAlNSA
consideration the matter of relieving the
United States Supreme Court Of the
heavy burden of cases on its docket, but
so far has been unable to settle upon any
scheme which can be regarded as per
fectly practical and satisfactory. In
consequence the calendar of that court is
so crowded that in some instances there
is a virtual denial Of justice through de-
lay, for it is estimated that if, as matters
stand at present, a suit is vigorously
pushed in the United States Courts it may
possibly reach a final adjudication in
about five years.
This subject of litigation is one in
which all men of all classes. but more
particularly business men, are interested
and it is accompanied with such num-
berless inconvenience that wise and
prudent persons will always prefer to do
whatever is possible to avoid being
thrown into the courts. The vexatiOns
Of legal contests are proverbial. Shakes
peare evidently regarded them as one Of
the most serious of all life's worries and
troubles, for be makes Hamlet cite "the
laws delay" as one of those grievous ills
which would frequently drive man to
self destruction but for the fear of great
er troubles after death. And we can all
remember the history of the celebrated
case of Jarndyce and Jarndyce
il the Chancery Court of England, as
detailed in Dickens Bleak House, which,
after wearing out the patience of those
interested, and causing them to feel to
the utmost the dreadful heartsickness in
cident upon hope deferred, was only
finally disposed of when the entire estate
involved had been consumed in the pay
ment Of costs and fees.
Besides the laws delay there also
arise from litigation the vexations in
cident to expensive proceedings in the
courts. The case of Jarndyce and Jarn-
dYce may perhaps illustrate this evil
with a little too much exaggeration;
nevertheless. it is an evil which is uni
versally conceded. Very few indeed are
the instances in which men who take
their business troubles with their fellow
men into tribunals of justice, so called,
emerge therefrom with anything more
than a considerable mOiety of their origi-
nal claim, no matter how clear their
cases may be, for official costs of all kinds,
together with necessary and inevitable
counsel fees, always make big hole in
any claim, however just. 1t is not
strange, therefore, that many men would
rather give up, at once, a great portion of
what may be due them, and accept even
unjust compromise with their creditors
rather than 60 to law, inasmuch as they
not only probably receive as much
as they would finally if their claims
could be collected dollar for dollar, but,
besides, they receive it much
more promptly than if they wait
ed for the courts award. 1t
is strange that men do not consider
these matters more seriously, and more
frequently strive. by every possible
means, to avoid litigation.
We see that certain merchants of New
York have taken steps in this direction
which promises most satisfactory results.
One of the leading commercial bodies of
that city have a regularly appointed
arbitration committee, vested with all
the powers of a court to subpoena and
compel the attendance Of witnesses, and
the decision of those committees goes
on record with all the force of a judg-
ment of the Supreme Court of the State,
and without appeal, so that it virtually
amounts to decision of the Court of APP
peals. This is wise, prudent and just. and
saves both time and expense, and it
would indeed prove a blessing to this
and every other business community if
such a system were more generally
adopted 1t would at least save delay,
costs and lawyers fees. even if nothing
else were accomplished.
The general adoption of such system
might perhaps be somewhat hard on
that very large and frequently
very useful class in every community
the lawyers; yet it must, after all,
result in no very great oppression even
to them. 1t might cut down their in
comes somewhat, it is true, but they
could still easily make good livings.
Estates would still have to be wound up,
their criminal practice would be re-
tanned, and besides such matters as
these, there are always in every COM
munity a very considerable proportion
of mankind who enjoy litigation, for
litigation's sake, and are always ready to
engage therein for the excitement it af-
fords. Such as these will always form
a sufficiently large client class for all
practical purposes, and can be relied on
to keep legal business at all times tolera-
bly, brisk. If, as a general rule, how
ever, men who may have disputes and
who desire a prompt settlement on bust
ness principles would 90 before an arbi-
tration committee, the courts would be
freer to attend to those cases in which
legal proceedings are unavoidable, and
if all branches of business would organ
ize themselves into exchanges or guilds
to obtain the benefits to be secured by
arbitration. it would do more to rid us
of the evils complained of than statesmen
OF lawyers have been able to accomplish
through the centuries.
The LIfe-SaVing Service.
The annual report of the operations of
the United States Life-S Saving service for