The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1891-02-03

off to collateral relatives for more than a
generation"
Samuel ]. T ldon died in August. 1886.
and left his millions to the people of
New York to found a great library to he
a source OF inspiration and power not
only to this generation, but hundreds OF
generation yet Unborn. It seems that
this generation will never see that ibrasy,
and whether the next one will ever see it
is a point that only Omniscience car
fathem. 1t is now Ammo Domini 1891
almost the dawn of the twentieth century.
and the case is not yet settled. Do we
wonder that the people have a growing
contempt for their so-called Courts of
Justice. Even the anarchist can tell some
truths when he opens his jaws on this
subject.
3. The uncertainty attending the pro e.
cutlon Of suits at law is fast reduci 7g our
civil procedure to a force. Real law is
common sense. The ends Of justice are
always met when common sense rules.
There is no sense Of any sort in much Of
our legal procedure. It is a senseless
mCss-a chaos. Lawyers puzzled at law.
Suits hang as often on s~enseless technical
as On the facts. The ends Of justice, it
seems, are oftener defeated through insane
technicalities of procedure, than served
by law itself. 1t becomes a slight of
hand performance. The best iuggler is
therefore the best lawyer.
Everybody with a thinble full of sense
know that Samuel J. Tilden's will was
plain. No man doubts his intentions.
Everybody knows that he specifically
gave it to the people of New York to be
devoted to a great public library. Every
body who could read knew this, except
the solemn owls on the bench who had
their heads muddled by the legal jugglers
who argued before them on the %punctua-
ton of the words, the dots of the is and
the crosses on the It's. Tilden was a
lawyer of national and international fame.
If be could not write a will that wOu p
stand the test of your legal iugglery, it is
madness for an ordinary man to hope
for such a thing.
Even that archconspiratOr and criminal,
James A. Flack, has been able to find a
legal technicaIty on which he hopes to
hang justice and cheat the cell.
Who knows what the law is2 Nobody.
Neither lawyers, judges, nor juries It's
a matter of luck or worse. Read the ad-
NC4L 1SCu4OnGS I'll law OOOhSs
Zone collector advertising for the
different States gives notice, that he has
on hand 1926, 900 jackets, numbered and
indexed c~onSecutiVely containing general
preceden.s and authorities, in all law
cases. and that they are so valuable, that
he has insured them for 100000. Another
advertiser offers an American digest for
1850, comprising some 10000 cases. and
nearly 10000 pOin.s Of law, fully stated
in the approved concrete form Still
another offers "A full digest of over
$4,000 recent New York cases. and yet
another advertises Adhesive Annotations
to Barbour's New York Supreme Court
Reports, tracing the hi tory of every case
through the 81 volumes of Barbour, 7
volumes of Lansing, Sc DUNES OF Hun, 4
volumes of Reyes, an6 120 volumes Of
New York Court of Appeals Reports.
| Among these advertisements is a card,
announcing that every lawyer can make
his own series Of collected cases, from the
60, 900 latest decisions, to suit the nee DIS
of his practice as they arise"
A technically has been lately discovered
by which the inaiction of the death
penalty can be stayed almost indefinitely
by a double shuttle of the State and
Fee eral legal cards.
The time has come for US to see pretty
clearly a few facts.
(a) The rubbish of traditional procedu e
that rests on age not sense must be
brushed aside in ali courts State and
Federal.
90 The facilities of our courts mu Il
be increased regardless OF cost, until there
can be no delay from crowded dockets.
(c) The mass of chaotic, nebulous
decisions of judges, that pass for law,
should be condensed, codiied and trans
lated into the English language, so that
the people who are to obey the law can
know it.
(d) The judiciary must be lifted above
suspicion, and the rights Of the people
not the courtesy or within Of an attorney,
be the rule of u courts.
The cry of the old Farmer in his ALI
ance against the lawyer and the judge
means something after all. He has beer
humbugged so much he knows something
is the matter. That something must be
remedied or sad results must be the
consequence.
SCIENCE.