New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-08-21
LAWYERS IN CONVENTION.
DELAYS IN JUDICIAL ADMINISTRATION.
REMEDIES SUGGESTED by DAVID DUDLEY FIELD
AND Ex-JUDGE DILLON.
TBY TELEGRAPH THE TRIBUNE


about the origin of unanimous verdicts. More than
has the opinion resoute juror saved prisoner
from the severest penalty IL was the mind the strong
WILL which brought this about This branch must DC
fairly met and considered Tho speaker referred at
length to the matter Of accepting Jurors, and the
qualifications necessary for max to make good juror
Mr. Sherman, of Illinois, complimened the paper ana
moved that the consideration Of 1t DO placed In con-
nection with the report submitted by David Dudley
Field, but after discussion the matter was tap'ed.
The report OF the Committee Jurisprudence ana La"
Reform read by William Allen Butler OF New
| York. To this committee referred last year reso
luton relating to the passage OF bill by Congress re-
storing the right OF appeal to the Supreme Court In
habeas corpus The bill had been lately passed
and so the committee relieved of its charge.
Tho paper OF Simon sterne. OF NowYork. on Defec-
tive and slpshod legislation also referred to this
| committee which reported the matter. Mr.. Butler
said that two bills which originated in the association
had adopted by Missouri and the stat
books OF that State. lie offered the following reso
| tlon That the Committee Jurisprudence and Law
Reform be directed prepare and submit to the assoca
ton Its annual meeting the draft of such laws ms
they shall think suitable TO carry into effect the recon-
mendaton of tho resolution passed by
| the association at Its annual Meeting IN
| 1882 relating to commissions legislation.
The resolution was adopted. Professor Baldwin, OF Yale
College. read paper on the difference between pro-
cssonsl and occasional criminals. the manner Of pro-
/
The report closed with resolutions aakpg that pro-
vision should by law In every State for keeping
record OF the name, age, personal appearance resi-
dence. occupation and general anteoedents OF any
person who may be In t courts Of felony ana
snbectng all persons who been twice sentenced to
Imprisonment for any crime or misdcmcanor to police
supervision and that the Committee on Jurisprudence
and Law Reform be directed to prepare and draf laws
FOR carrying out the game. The matter was laid over
| until the next annual meeting.
Mr. Van slyck OF Rhode Island was
elected member Of General Council in
place OF Mr. Bradley. This evening Francis Rawle.
OF Pennsylvania read paper on car trust securities
David Dudley Field and ex-Judge John f. Dillon at
the meeting OF tho American Bar Association III 1854
were appointed sp-cal committee to consider ana re-
port "whelhor tho present delay and uncertainty In
judicial administration be lessened and If &C. by
means" Tho full text OF tho committeo's report
WAS presented ami con'iderei this evening.
The committee had been asked to cover by ts report
the answer three questions namely ~ What IL the
Of th delay aud uncertainty ex-iingI t2 what
arc tho oausosl 60 What arc the remedies
TO enable the committee the first question:
Information was sought by addressing series OF ques-
tons to one or more members in each OF the States
From the received from many prominent law
yers the country appears th Il the average
length OF lawsuit varies much In the different States
the greatest being years aud tue least year
and halL The uncertainty varies also. the greatest
average number OF rovors IL In single year being forty
egh uut Of seyeny-ree appeals. and The least forty
four rever.as Of pa appeals In one OF the staes
FROM srries Of Suproms Court reports twenty-five
volumes taken at random have l,lsO anirnaDces ana
revrrsals Nearly all the answers agree that thsde'
lay uncertainty he iessened though they diner S
to the means. advise remedy aud some another
The report after pointing IN detail The various
abuses that eXisL IN the courts ana whch ean
to unnecessary aud great delays. puts into ten words
what the committee regard the chief causes OF the
] Ill n
/ namely: Complex procedure. Inadequate Judiciary
rrocrastnatve retrils unreasonable appeals. nncer-
tain law" The folowins-iho report urged-shoui oe
deemed fundamental marms OF government In respeet
. II tue Judicial establishments
90 The Consultation should provide ior one potnhnohnt
court rsort In the state to which appeals should
be 30 limited q no To exceed inc eap'o,y ~ bJ
decide thrtn they arrive hhl VI u -hnuh
ever bocoue uvorbudcncd ~ to he Obliged TO adjourn
Tor term without hearing all tue eases III readinSS
further appeals should lhr'eup'h ne neu un,,l va.
court clear Oh the Rrrear' together WIN INC current
| business Temporary comm ssiOhs should not DC TO-
| sorted TO IN courts II last resort
! q, The constitution should also provide not only
for permanent Inferior courts, equal 10 the business OF
ordinary times but for temporary COMMISSIONS hs
may arise 70 clear OIL arcars tho courts VI
81 The methods Of procedure should be direct and
suul ~ possible. without unnecessary dlsuhetloh
/ ur an unnecessary proceeding. -,
az The number aud distribution Of the judges the
cedare should be such tnat. when the witnesses arc IN
the STATE. the most strongly deienGed Lawsuit ay w
terminated ~ the court OF hrst Instance WITHIN iew
months and even should the case 20 TO tue utmost
limit OF appeal within the State, II may be- terminated
,fi,n , yrnr Al most from beginning In the court
OF nst Instance Ia It's ending tn the court OF last resort
The committee arrived at the conclusion that the
delay aud uncertainty In judicial administration
could ho lessened and by the following means:
n, SUMMARY judgment should be allowed upon
negouane Instrument other obligation 10 pay adeh
ute Of money at definite Time unless an orief
OF Judge be Obtained, upon positive AFFIDAVIT and
rca-onnhe notice 10 the opposite plry. allowing the
| defend mt on terms TO rnterposc drfen,e L.,
C Ia an ordinary suit tho methods OF procedure
should be- simple md direct without single anheees
sary detail and whatever eau ne dote OUT
should be ia wiring aud delivered between tno palt'os
or their attorneys without waiting '"i '"0 '@ "
J" rn TRIAL. hcforo courts whether with without
lures should he shortened by sricter discipline cosr
adherence the precise ISSUE less irrelevant anu re-
dundant testimony, fewer debates, ana no personal
m Trai before roferees should he limited In duration,
| bv order made AT the time OF appointment
t5l The po,tponomcut OF trial should not be allowed
because OF the engage Of counsel elsewhere nor
ever except In strict conformity to rules previously
nadr by the Judges and for of fact known to the
| court or proved by positive andavt g., ,,.,
90 The record Of u trial should contain shorlhan9
nole OF all oral testimony, wron out In longhand ah9
filed with but only such parts should 10 copied
ana seut appellate court as are relevant 70 op
pou disceNs,d on the appeal ana IL hPuG ..
| sum liked By the appellate court. by way oI pcn"'y
| "a A .otIon lor or AGAINST provisional rsmedy
sbonld be decided within liked number OF days. ana
| mar az decided the remedy should faL week 10 Time
enough 10 mold such motion under ndVlsrnont: II ne
yI.ional remedy should stand 1t Ought TO fall In all
other eases decision Within nxed perot snouu We
| required OF every Juuse Hiu o'0.5 N""'T N~N"F '
| OF last resort ,-,-,,,. ...,...,.d 90
IA the ordering OF now trials should be restricted TO
cases where IL Is apparent that injustice has been uone
M, whenever "A court of first Instance aulofns i"ta
term leaving unfinished business, the executive shou
he not only authorized but required, 10 commission one
or more persons many as may be necessary W soI
as Iudres for the time heing and hnish the OuSihs5
Snth temporary Judges should he commSSione" J" ''
J conrts rrrrp the court of last resort
Um Whenevor a court OF last resort adjourns Tor
term leaving unfinished business, further Appeals 10 u
shn,d Inc so limited m brug tho cases before II speed
| ly down TO the limit OF It's ability -, =, nah
2tn TINS line ALLOW cd for appealing should be much
! sh1rtened One month"; or at most two should seem 10
be enough In nll cascs 1871, J.. .h .oioo,,or
| u2D Greater attention must be PAID 10 inc seuVlon
| OF Judges; without which no other REFORM ho"eFe'
| ,g,.,.I Al, uself ran succeed.