The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-05-05
ORGANIZATION OF COURTS,

)
paper. On the s1sjert OF tlse orgAnixz-
ton OF the eDurfs 70 be provided for
Ia the consultation Of Washington
The opinion was then expressed that
. systera enzbc<iying the distinctive
features Of that now existing IN the
state q California wosssd prove best
adapted 20 the wants af the COM
Eunity: wouid promote efficiency.
speed and economy ia the sdministra-
ton u justice. Since the publication
81 the article containing these sug-
eesfson have received number Of
letters on The subject from members
ct the bar OF the territory; some
from members who are familiar with
the California system. from having
prscficesl lzw in that stale, and who
unanimously fsvor IL. and one or two
from persons not particularly familiar
with Is. hzaf who xish d, kEew is
recniiarisie< more In detail than they
were gsven in the very general outline
presented ID the article reierred &c.
There are bat two i'm paFtans points
Of difference betxesss il9s California
system ard tia2f OF the esher states
Flrsf-In California there is but one
eourt-easses1 In that state the superior
eossFt kxswesn the 5astics court and
the supreme court On this superior
court 4 conferred jurisdiction Of 81
causes ard proceedings. IL il the
court Of common Law. uF equity, OF
probate and Of criminal lsw-a court
q original and general Jurisdiction Of
III Judicial proceedings, excepting
soEas few small ssatterl OF which
original cugnixanre i visited exclu-
ssFely In e0arts 81 justices Of the peace
IS IN other states. This. wf1iie il Is q
radical dspavfare from the pian Of rest
i Ing different Jurisdictions ia different
courts, IS ia most OF tsse iptbsr states,
involves no embarrassing, change OF
! practice. The practitioner has no new
/. fheoFy n procedure 20 learn before b /
can safely undertake the protection q
tee rights "a snisars. Ilse evils b. !
/ feaszans upon any raziiciis and sdd-
se1 change CT the rules ard
methods Of iniieiai procedure evils
often very great are not wruneht by
tbs change. for the procedure i
exastly the same under The one system
~ under the other. on the other
hszzd. hy sesting all jurisdiction In
tie sAsfae eosrt trials and proceedings
are ~ once relieved al the numerous
and sometimes very perTaexing ares-
tons which, under other systems.
arise frequently and SIS e'Ferv step. a
+ 10 what court has jurisdiction Of the
ca2sR, or a some branch thereof. a.
e the validity Of judgments and
cF4ers previously made ia the sanss
eF some other court, ard material TO
I the cause in hand Ana the like ques-
tons generally which, as every
lawyer af experience know. often
Paxxie both counsel ard suurt. DELAY
I proceedings. aud eFastsrass produce
results quite injurious 10 che sub
sEAntiAl rights oE snssors. Particular
Instances need not be gwen Al per
sons who hare had raslch to do with
the courts wili s-c able, spon a mo-
nlsFlt's = 1esa On. - recIlil cases in
which questions 0s this nature. lsayosy-
ing nothing beyond merely technical
poiEts s. 90 the division oi Jurisdiction
between. ar amongst courts questions
81 little or 80 Importance Ia the nature
% right Of wrpng-hase become the
main subject of consideration ana
seriously otsstTurses2 the adnsinistra-
ton 81 justice. This waste of tame.
OF eaerEy or right. thoughtful lawyers
and ladEes hare long perceived ard
deplored. A systeEa which avoids IL
: = SYSTEM 30 lse commented
cecefd~Ilie abolition OF terms OF
court. In talisoTnls the court is al
Ways opeH-exAcsly the same as Jus
tees courts are With Us. Rv this
mitch = gained fa issstiee., and moth
ing = lost except a vast ssasfy Of legal
hlack-lekser and SexAfSsyEss rubbish
about what mar be 3oae in vacation
assd what must he done Ia term tiuae.
Often the validity OF important orders
and the foundation 81 valuable rights
has been foand 80 depend mon
waetEer The court WAS IN session as in
term, or Ia session between terms
The Judge was preesa,. the clerk
HaS present. sIt parties vte-e present,
the matter was carefully examined isy
the ladse and carefully recorded by
the clerk: but Vas il fSrmg II not.
then What Is the legal eifest ~ she par
tsenlar uFxzere In discussion of such
useless qaeStaons Is th,sse are the
hours and energies OF cosuts aissira-
led nnaer the old SYSTEM of terms nf
cours Fortunately for Washington.
those who have shaped her rules al
procedure % late years have per-
eeived the pueFiissy 81 al the learning
On shlS sEsesect with whish reports OF
many older jurisdictions are fall. and
have gene as far toward shoyelinx the
esstire heap into the rapet nil as il II
possible 10 70 wsShuaf aholiSAlng the
terms. ox-saszss syssssn altogether Ths
tyansSszoa a. the California system vi
he easy and aat1rzi 90 s r~as1e who
have already eeaaosae zeesastonlsSl Ia
think 5 5gaage on abe asassh and cixrk
81 his ie&k consulate 3 esssirs Of rslSarss
ant to attach as sf~e4Ai Importance 10
the proclamation OF the ,'ries that he
essars il in session.
The substantial advantages ssf the
nss-ssxna par are S><r sFeat. both -
sailors aKsa - the rattle. A ge~xs
brief statement oE xessse ii sAsrs, ~
eaaAae any enc IS 81 oss lie arvsf.
naent
eli g'sasaS1 sAis plaa sailors A.
.ses syss'SaFe.s % choose ssfsSeSa guzag
. - trial Without xafsasseht xisae 80
ss1eEvNGa preparation. On th~ aue
hAna. ard oss EhA other hmv-
tn& 1Assr s1ssSsss gzas tkxsg4ssa - f4,,.,s ~
practically 80 aeas tAeaa tks aevesI.S
q the sadssaseut fases iaAx s.htaEr.
MA se-fas u cosrt freltn scar Ii -
Easset-ss Sf@zt many } H9a suffer-
greater suss ~ delay tlsasssE he vrxssss.s
suffer ey sarrs asierlssr Atf tSss asstsss
/ xsxhss kseA arc ezszs. bsnalsxsns, h.ss
/ fsss.Sa sasars Ea&y - lSore ~ xssSs-