Morning journal and courier., 1883-10-03
THE DECREAxE1N L1r1aAT1oS.


 No one who has been in the habit of attend ing the Superior court in this State has failed to observe marked decline in the amount of litigation transacted in that tribunal. There has been a similar decline, though perhaps less in degree, in all the other courts. The decrease of law business in the Superior court Is especially worthy of attention be- cause it shows decline In the best and nest important cases. This decrease is universal ly acknowledged by the bar of the State, and has long been theme of curious comment that this decrease in litigation Is by no means confined to this State, but is noticeable throughout the country and even in England. Very many and very different reasons for 1t have been suggested. Among the most plausible perhaps are the following Ever since the business depression that prevailed 8 few years ago throughout the civilized world credit has been very decidedly contracted. In the rush of business that in this coun- try preceded the panic, credit was much more IberaIly given and upon much longer terms than at present. Business Is now done on decidedly closer terms. Sales are made on narrower margins and the responsibility of the purchasers is more carefully investigated. Law business of course depends upon the character and amount of general business It is commonly supposed that litigation Is at it's best when general business is at it's worst. But this the members of the legal profession say is an error. Law business is a result of breaches of contract, and the greater the number of contracts made the greater the number of broken contracts Of course when general business Is carelessly and reck- Iessly done, the proportion of broken con- tracts is very much greater. An expanded is easy to see, fruitful sources of litigation. more intelligent and careful mode of doing business would make itself most apparent in the largest and most important transactions in other words those which are controlled by the most intelligent men, and hence the de- crease in the moro important cases.
 It is also said that the business of the world is drifting into the hands of the corporations All the greatest com mercial enterprises, railroads telegraphs, telephones and banking, are carried on by combined capital. These large concerns re- quire careful and intelligent management, ,and this is the sort of management that avoids litigation. Through the corporations the practice has arisen within 8 comparatively short time of giving the leading members of the legal profession annual retainera and seek ing their advice in every important transac- tion that can give rise to controversy. In o&I,a~ 11ordo Abe ala of fovvvarm iu warw coJ1ohk not so much to prosecute litigation as to pre- vent 1t. Although the number of lawyers has not been sensibly diminished, the greater part of the law business that is worth any thing is centered in the hands of 8 few able men, who are doing good service to society in preventing lawsuits. The business of giving advice, drawing contracts and convey ances is rapidly becoming the greater and more valuable part of the work of the best lawyers. Collections, which twenty years ago formed the greater part of the legal busi- ness, are now but a. small portion of 1t. Collecting is now mainly done by few who give it their exclusive attention, and these are not always lawyers. Indeed, the tendency in the profession is towards special rather than general practice. The volume of the law is 50 great and the inter ests connected with 1t an so varied that no one can be skilled in every branch of prac- tice. Specialists are are economic necessity. This increase in the number of specialists decreases the general practice and tends also to diminish litigation, as that is the natural result of increased professional knowledge and skill.
 Perhaps the whole matter may be thus briefly summed up. The more intelligent society becomes, the less men will fight and the more they will take counsel. If htiga-