The record-union., 1893-04-29
A NEW SYSTEM OF LITIGATION.

The increase and the delays of litiga-
ton are matters engaging more and more
of attention, and incidentally also the in
crease in the number of courts that our
system seems to render necessary.
In North Dakota these subjects have
been so much debated that the State has
just made an honest endeavor to correct,
in part, what certainly are evils-that is,
augmenting litigation, clogged court cal
endars and delayed adjudication. At the
same time the State proposes to see how
far it can safely go in simplifying pro-
ceedings before law tribunals.
The first step taken is the establish
ment in that State of Courts of Concilia-
ton. These tribunals are composed of a
Justice of the Peace and two Cancellation
Commissioners. To these courts must be
submitted all actions before being placed
on the regular court dockets, the testi-
mony being taken and the parties pre-
senting their cases in person without the
aid of an attorney, and free from formal
ity of pleading. The decision of the con-
ciliators is not binding, and the case may
be taken into court.
We very much doubt whether these
conciliatory courts will prove the bless
ings that are hoped for. 1t is probable
that considerable number of small civil
cases will be permanently settled before
them. Unfortunately, however, the pug
nacious disposition of the American peo-
pie is such that litigants rarely will con-
cede defeat until the courts of last resort.
upon their cases.
1t may well be doubted, also, if the
constitutionality of the Dakota law is
well armored. 1t would seem to be the
inalienable right of the citizen to pursue
his remedies from the outset in courts
competent to render judgments and hav-
ing the power to enforce them. How,
then, can itigants be compelled to first
appear before arbitrators and disclose the
line of their attack or defense?
1t is to be admitted that system that
will enable the lesser cases to be speedily
disposed of will tend to clear calendars of
regular courts; doubtless goodly num-
Der of small. everyday business cases
will abide the decision of the conciliators.
but that this will go beyond accomplish
ment in the present Justices Courts we
very much doubt.
Where there is much money involved.
where bad blood exists; where there is
stiff-necked and hard-hearted disposition
on the one side and helplessness on the
other; where there is simple stupidity or
reckless stubbornness, or willful wicked
ness, or the spirit of revenge and oppres-
sion, the Conciliatory Courts will simply
be another series of delays. The time
given to cases in them will be added to
the present vexatious delays of the law.
Concerning the simplifcation of pro-
ceedings before courts, in pleadings and
in processes of trial. a great deal of mis-
apprehension obtains. People wko have
not made a study of the matter are very
apt 10 run away with the idea that formal
pleadings could be largely dispensed
with, demurrer and motions and amend
ments and the like eliminated-that men
would have justice more speedily and
accurately if each were permitted to state
his case in his own way and then intro
l
TO pronounce judgment. Such system
would not last ten hours. 1t would breed
more trouble than the most active imag-
ination could conjure up. The truth is
that our system of pleading has been
simplified already to the extreme. What
we have now is the result of centuries of
experience in conserving human rights;
our system of pleading and procedure in
determining the rights of men is the
natural outgrowth of needs, and the pro-
duct of the wisdom of the best minds of
the ages. Without some such orderly
procedure as we now have. without the
f.rmal and precise pleadings now re-
ouired. there could be no permanency of
titles to property, no protection to life,
liberty or possessions. The best legal and