New-York tribune., 1891-08-28
DELAYS In THE COURTS.
DIR. RUssELL's ADDRESS TO THE AMERICAN
BAR ASSOCIATION.
y VIGOROUS CRITICISM OF JUDICIAL PROCEDURE
REMEDIES SUGGESTED FOR EVILS COM
Planned oF-FoR AND AGAINST
THE Jury sYsTEM


Planned oF-FoR AND AGAINST
THE JURY SYSTEM.
Boston, Aug. 27The efforts Of the Boston city OF
cias and members OF the local bar TO entertain the
members OF the American Bar Association were not
altogether successful today owing to the unpleasant
weather Mayor Matthews has offered the use OF a
steamer the J. Putnam Bradlee, and the Bar Asso-
ciaton OF Boston has invited the visiting lawyers 10
view Boston Harbor. The afternoon was misty and
showery, and the beauties Of Boston Harbor were
mainly Invisible. The collation. served on the boat
was, however, heartily enjoyed BY the visitors
Some difference of opinion ms to matters on which
the committees of the association had prepared re-
ports served TO enven day which otherwise might
have been dull. The annual address delivered
at the morning session by Alfred Russell, Of Detroit
His subject "AvoIdable Causes Of Delay and Un-
certainty in Our Courts" The causes Of delay to
which he referred four In number. One Is the
provision by which the United States courts hear
cases in which corporations OF different States arc
concerned instead of leaving them the less crowded
State courts. Another minor cause OF delay spoken
Of is tho practice among lawyers of accepting cases
In contingent fees He said that legislation in many
states had favored such practice, and added:
Numerous cases Of contested wills. claim, against
estates private land claims and tho Ike nll our court
doc1ets. which would not be upon them if the common
law in this regard had not been changed And it may
be here noticed also, tint by Of modern cOnd
tons OF production and transportation largo part of
The business OF courts, In all parts OF the country has
come TO be composed Of what are called negligence or
upon agreements for contingent fees. Without such
en- pG9usey 10 s and ' ms nSg Gt Sc them mould
failure OF justice In some cases. But We may be
actual merit would either be disposed OF By equitable
settlement or would hnd some lawyer OF standing who
wGSd tse e tho on cae without or at any
The main objects Of Mr.. Russells criticism were,
however, the jury system in civil cases and the de-
fciences of the judges. His attack on the jury
system. as applied to the trial of civil cases. was
earnest and bitter lie said:
Let us pass rapidly and by natural transition, to
what may be deemed the second principal csnse,
and perhaps, indeed tho chief cause, OF delay ana I'M
certainty in our courtsthe jury system IN civil cases
As to criminal cases. considerations Of a dinerent
character prevail which cannot now be treated IN
It's existing practical operation, 1t would seem as the
jury system in civil purposely conthved to
produce delay and uncertainty, particularly taken III
into terms 1t is not convenient to discuss this di-
vision OF the subject now with full elaboration am
among those who believe that this system has ougown
established church servlle judiciary, no press cen
rulers no restriction Of public meetings for reform,
no hndrsnce to universal suffrage or universal educ2-
ton; and 1t Is tImc that we should have no lny N
civil cases This institution grew up alongside Of
those other institutions which We have rcpudiated,
prTsoSsl and property rights against the privileged
80 necessity whsteycr Of that kind exists here;
generally against the continuance OF the institution In
England. r....,,o -, r.,.. ,o,,s c,n.r+ ,u
calls The influence OF obsolete institutions on modern
IDEAS" and which, he SAYS perpetate In many Of tne
Continually accepted as dictates OF nature and necess-
tics Of life which should see to have originated In
artificial The o. nS % my m%d IS one
those things. Nor Is the jury any longer means OF
GTa and for pres pStT ars sen Of
Il they not why saddle the burden OF such inS6Tc
fupg n lenprnl rule, III possible, but WlIn an
Ill cause almost Invariably demand Jury. Ana IT Is
expected to lose, and lose those expected to GAIN
Chambers OF commerce and manufacturers assocla
tons in cities establish PCas Si n IN 0rer fr
Ignorant and ptch penny determinations OF the jnries
which into our courts, and away from the fright
exceptions, proceedings for tampering, and the like
which face the ordinary lltigant in the ordinary Jury
case Men competent to sit as Jurors almost universally
escape the dnty. In spite Of the glowing euogles OF
the Institution constantly heard, the fact remains that
munties the CONSTITUTIONS right Of jury trial in civil
Eases inevitably operates not only to produce tne
Tho main utility OF the jury at present Is that forces
settlement out Of court 10 avoid the oppression Incident
to II.
Mr.. Russell also pointed ont some respects in which
the Judges cansed delays and uncertainty in the ad-
mlnstration Of justice. Among the habits criticised
were the writing Of long opinions and dissenting
opinions the oveITulng Of cases without mentioning
them and the changes in decisions with the changing
political complexion Of the courts. You may con-
str1ictn he said cole with the combined ability OF
Bentham. Macaulay. Stephen, Austin Mil, Maine and
Field. You may Hll your Legislatures with the best
of the people for adopting modifying the code when
made but after all your laws are to be Interpreted
and enforced BY Judges; and your law IN lts iaso
analysis and actual application in court to the arS
Of men is Judge made law. And think this IS not
only the best law We have, but the best law 1t Is
possible to have. This it is which renders tho Ju-
dietary Of such transcendent importance in popular
government.
The evening session of the association wos occupied
I'm the reading of reports Of standing committees ana
discussion upon them. EX-Judge John T. Dllon, OF
WORK presented report from the COTtTo the
Olmstcad system of block lndexlng as valuable anu
useful reform. - -
duiring unanimous verdict OF Jury arose over maJori
and minority reports Of the Committee OF Keme,nal
Procedure The majority report slgne6 T,o%,s by TS naD
OF Chicago recommended the support OF legislation
providing for verdict by three fourths Of the Jury IN
civil cases. John W. Cary, Of milwaukee,, ana kooere
port in favor Of the unanimous verdict. Charles T.
Lancaster OF Wsshln gt0n, said that the business com
muniy already demanded the abolition OF te ehIlLe
Jury syste2 IN civil cases. Within hve years ne
believed the Jury system would be practically a0an
doued except in criminal cases. He strongly advocatd
he majority report because ne believed that M Sos
system. Mr.. Hughes. of South Carolina, made an
earnest plea for the retention Of the unanimous YER
continued until q late hour, when the further con-
sderaton Of the matter was postponed unth tne cA'
annual meeting. -. A., .,
ing committees and special committees. William -
Uornblower OF New York, and his associates OF tDe
Committee on Classification OF the Law prepared an an
elaborate and valuable report which was highly paseo
by tho members Of the association