St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-08-25
TIE LAWS DELAY.

One Of the most difficult subjects CRAP
pied by the American Bar association during
its recent session at Saratoga was presented
in report made by Judge DILLON and Mr..
CYRUS w. FIELD upon the present delay
and uncertainty in judicial administration.
From a synopsis of the report, as published
in the New York papers, we gather that
the committee, consisting of MesSrs. Dill
LON and FIELD, had been asked TO cover
the answer to three questions, namely: /.
What is the extent of the delay and uncer-
tainty existing? ,. What are the causes?
3. What are the remedies? From the in
formation which the committee had col
lected it appears that the average length of
a lawsuit varies much i'm different states,
the greatest being about six years and the
least a year and half. The uncertainty
varies also, the greatest average num-
Der of Teversals in single year
being forty-eight out of seventy-three ap-
peals, and the least forty-four reversals out
of pa appeals. The report, after pointing
out in detail the various forms of abuse that
exist IN the courts and which lead to UNI
necessary delays, put into ten words what
the committee regard as the chief causes of
the delay and uncertainty in judicial adj
miniStratiOn, namely: Complex procedure,
inadequate judiciary, representative re-
trials. unreasonable appeals, uncertain law"
The foilowing-the report urged-shouid be
deemed fundamental maNims of govern
menT in respect TO the judicial establish
ment:
Fir,t-The constitution should provide for
one permanent court of last resort in the
state 80 which appeals should be so limited
rs not 10 exceed the capacity CT the court to
hear and decide them as they arrive. And
il il should ever become so overburdened as
to be obliged TO adjourn for a term without
hearing all the cases in readiness, further APP
peals should thereupol be limited until the
court can clear off the arrears, together with
the current business. Temporary commits
siOns should not be resOrted TO in courts of
last resort.
Second-The constitution should also pro-
vide not only for permanent inferior courts,
equal to the business of ordinary times, but
for temporary commissions, as occasion may
arise, to clear OF arrears in the courts OF first
instance.
Third-The methods of procedure should
be as direct and simple rs possible; without
unnecessary distinction, or unnecessary
proceeding.
fOuFii-lut nuNDtE anu QAStflDuliOn OF
the judges, the frequency OF the courts aud
the simplicity of the procedure should be
such that, when the witnesses are in the
state, the most strongly defended lawsuit
may be terminated in the court of first in
stance within few months, and even should
the case go to the utmost limit of appeal
within the state, it may be terminated within
year at most from its beginning in the
court of first instance TO its ending in the
court of last resort.
1t will be observed that while the COM
mittee was exact in defining the chief
causes of delay and uncertainty, there is a
disappointing yagueness about the statement
of remedies proposed, as if the two eminent
lawyers We're in doubt as TO the precise ma
chinery that ought TO be employed to ac-
complish the end desired. The following
are the means suggested whereby delay and
uncertainty can be lessened;
First-Summary Judgment should be al
lowed upon negotiable instrument or other
obligation to pay Il definite sum OF money at
a definite time, unless an order Of a judge be
obtained, upon positive affidavit and reasOna-
bic notice to the opposite party. allowing the
defendant on terms TO interpoSe a defense.
Second-in an ordinary lawsuit the meth
DDS Of procedure should he simple and direct,
without a single unnecessary distinction or
court, such as the statement Of claim and de-
Tense, should be in writing and delivered be-
tween the parties or their attorneys without
waiting Cor the sitting of a judge.
Thir Trials before courts, whether with
or without juries, should be shortened by
precise issue, less irrelevant and redundant
testimony, fewer debates ana no personal al
tercarion.
Fourth-Trials before referees should be
limited in duration. by order made at the
time Of appointment.
Fifth--rhe postponement Of 4 trial should
not be allowed because of the engagement OF
counsel elsewhere. nor ever except in strict
conformity 10 rules previously made 10y the
Judges. and for reasons of fact known 10 the
court or proved by positive affidavit.
Sixth-The record Of trial should contain
shorthand notes or all oral testimony. written
out in longhand and filed with the clerk; but
only such parts should be copied and sent TO
an appellate court as are relevant 10 the point
to be discussed ON the appeal, and if more be
sent the party sending it should be made 10
pay into court a sum fixed by the appellate
court, 10y way OF penalty.
Sevonth-A motion for or against a provis-
ional remedy should be decided within n fixed
number of days, and if not so decided the
remedy should fail. A week is time enough
TO hold such motion under advisement. II
he cannot within seven days make up his
mind that provisional remedy should stand
it ought to fail. In all other cases n decision
within a fixed period should be required OF
every judge and every court, except n court
of last resort.
Eighth-The ordering of new trials should
be restricted to cases where it is apparent that
injustice has been done.
Ninth-WheneVer a court of first instance
adjOurns for term, leaving unfinished bust
ness, the executive should be not only author
lied, but required, to commission one or more
persons, so many as may be necessary, to act
rs judges for the time being and finish the
business. Such temporary judges should be
commissioned in all courts except the court
Of last resort.
Tenth-Whenever a court of last resort adj
journs for n term, leaving unfinished bust
ness further appeals to il should be so limited
as TO bring the cases before it speedily down
to the limit Of its ability.
Eleventh-rhe time allowed for appealing
should be much shortened. One month. or II
most two, should seem to be enough IN all
cases.
Twelfth-Greater attention must be paid "a
the selection OF judges; without which no
other reform, however good in itself, can sue
coed.
Thirteenth-The law itself should be re-
duced, so far as possible, TO the reform of I
statute.
Fourteenth-Statisticso of the litigation. I'm
the courts of the United States and of each
state. should be collected ard published
yearly, that the people may know what bust
ness has been done and what is waiting to be
done.
The most valuable, as perhaps it is the
most practical, suggestion contained in the
report is that which relates to the codifca-
ton of the law. There is no more absurd
feature of our whole judicial system than
that which is commonly known as ''judge-
made law" The preparation of elaborate
opinions takes up most Of the time of
fha iu1ras aud vary Oftnn hac q