Sacramento daily record-union., 1889-09-21
TOO MANY LAWYERS.
Legal Ingenuity Drawn Upon to DELAY
Trials.

81. Louis Globe Demoerat1
The venerable David Dudley Fieldde!iv-
cred an address at the opening of the
| annual meeting of the American Bar Asso-
citation on "wednesday, in which he told
some very Wholesome truths concerning the
administration of the law in this country.
lie affirms that behind our boasting of the
great things we have ACCOMPLISHED and the
rare things we have rendered in matters of
government, there stands a spccter of
halting Justice such as is to be seen in no
other part of Christendom." There is no
other country calling itself civilized he
goes on to say, where it takes so long to
punish a criminal, or to get final decision
In q civil case. This is a strong assertion,
but II Is made by man of thorough ex-
reFlence and the highest judgment, and the
observation of the average citizen confirms
1t every day. Truly may we saw" he de-
clares, that justice passes through the land
on ieaden sandals" and the record fully
substantiates the charge. Our Courts. as
rule, delay rather than hasten the enforce
ment of laws; too often. in fact thew en-
tlrely prevent such result. and cause in
justice to be done under pretense of sunprior
care and integrity. When a man goes To
law he mas no assurance when the end will
De reached. lie is at the mercy of innu-
merable precedents and technicaHties
which are designed chiefly to prolong the
proceedings; and no matter how simple the
issue may be, the chances are all against
prompt and cheap trial.
This situation IS largely due to the fact,
Mr.. Field practically says, that we have
100 many lawyers. The profession is so
crowded that it can prosper only bv
keeping cases in Court as long as possible,
instead OF trying to dispose OF them in an
expeditions manner. Thus the resources
OF legal ingenuity have been drawn upon
for all sorts of hindrances to early trials:
and the Courts complacently favor the
system, and aid in making business for the
attorneys at the expense of the HELPLESS
litigants. We have 10000 lawyers in the
United States, whereas France has only
S0OO and Germany only 1000, That is
to say, the proportion of lawyers to the
Whole population Is, in round numbers,
to D, ,40O IN Germany, l to 400 in France.
and to 900 in the United States. 1t is
not to be believed for moment that we
really require so much more legal talent
than other countries. Our ratio of crime,
as compared with theirs, does not call for
any such excess of lawyers, nor is good
reason to be found for it in great pre-
ponderance of civil suits. The truth is
that we do not have legitimate employ
ment for so many men in that profession.
They are obliged to live, and the conse-
quence is that they gain fees by methods
which necessarily obstruct and delay the
course of justice. 1t is to the interest of
the attorney to defer final decision to the
last moment, and to involve the case in
the greatest degree of doubt and confusion.
He regards that as a privilege of the pro-
fesston and a duty to himself; and the
Courts encourage rather than discredit the
practice. There is nothing more desirable
than speedy justice. That we do not have
1t IN this country, every intelligent citizen
well knows; and the reason, as Mr.. Field
assures US, lies mainly in our superfiuity of
LAWYERS