The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-08-17

Important case before iur'cs; tue courts would
last until litigants, judges. Jurors and lawyers
worried ano wearicd out and nd journcd
with the dose eth fuA This gricvan was
so gre. that cases were referred after the act
passed i'll great numbers. Even casce for
tort were referred To these referees. and tho re-
suit was that, while in the year 1907 there were
jury trials. in the year lSS.-3 there were but
scvcnty-lvc. Courts ne rule appointed but ono
referee: in II comparative few cases two were APP
pointed. and In some cases OF exceptional Inn
portancc three were appointed. The practice in
England under the iudicaturc act ia to have ref
crcncc TO referee where there have been two,
and even sometimes where there is one mistrial
account OF the disagreement OF the Jury
This Is done in all cases including actions Tor
damages in tort. The PENNSYLVANIA practice is
stand IT. In all OF the large cities OF this country
there are regular arbitration boards for the set
Il NJ of disputes oil business men. while there is
scarcely any trade association in London OR the
largest cities in England which has not an arbi-
tration committee. II is reported that
good in settling disputes between mem
beers economically snd expediticusly; they
have proved so scryi"eable that new chamber
lit of all who mgh need its services in the city
OF ondon; II is public chnrscter and situated
tary aud tu'iicial reference: it has an elaborate
ami complete system of rules sni regulations
and all arbitrations are held before one, two or
three arbitrstore. a the party may desire.
1t VIII be seen, therefore, that the legislatures
o: at least two States have rchcled against our
jury system and substituted in n large measure
referees instead. England his done the same,
and all over the country the business men. who
are tho persons of all Others most iutcrc.ted in
having iurics, because they occupy the larger
portion OF the time or the courts have adopted
inries OF their own creation consisting o 10:
more than three men.
II will be seen further by All examination OF
orr statutes that in proceedings in eminent do
main. in the condemnation of property, where
the sovereignty Of the State l. asserted in it's
highest form thar only five commissioners are
selected aud all of them nc. d not act by refer
encc 10 tho cncyc opacdia OF law under the head
" m Ia pf
Sta'cs have made notifications III the old com
mon law rules | therefore ask in all candor
why should the counties and cities in this State
nc put 10 th- enormous expense that they now
incur. and their citizens TO tho enormous amount
Of Inconvenience and loss which they suffer
10 preserve mode OF trial that has been aran
doned by many of the states and England aud
has been absolutely rcpudiatcd by the business
bodies all over the country.
IL the jury was reduced To five or three men
the burden OF sewing OH jurics would be greatly
lessened. Capable men wonld not refuse to
and surely five good jurors will come near
getting 10 the truth and the justice Of a.
TIVE ve. n my orinion more so, because It /:
more kely that ilvc good jurors can b. picked
than twelve good jurors Ii is 10 interest. not
only a. cltizens OF Virginia and taxpayers to
advocate this change. hut I; il To our nte ca, as
lawyers The delays, uncertainties, the cost OF
Jury trial arc driving the people to arbitration
10 settlement of their affairs out OF court, until
Office practice has become in the cities more re-
muncrative than court practc. The practice ~
law suffers from oar own failure to advocate re-.
form; interest "a Wei as patriotism demands
that VIC should make changes that are necessary
The dockcts are crowded in my section. IL is
impossible almo't TO clear them accoant ~
the number of pro,ractcG Jury trials The trial
or one OF these cases Is practical dcni ii OF JUS
ticc to other litC4nts.
Mr.. Justice Brown. in an address before the
Ohio Bar Association i'll July. iSl2, said:
Il can hardly ima.inc the Legislature OF Ohio
refusing to act upon the unanimous re co umendq /.
ton OF this association passing a law which il
sha.l adludgc 10 he ill-timcd or unnecessarily
Whether or not we will have tho same good
fortune Is questionable. hut believe that our
GTiy is plain in this matter. and that is To urre
change whether we get Il or not il we believe it
conducive OF the general good. There is not a
lawyer in my hearing who would ask for more
Is not business man or farmer. who proposes
10 Grbitratc any question connected with his
business AFFAIRS. VT would think OF demanding
more than three arbitrator. Why. therefore. in
the name OF all that is bic should the State
he required to provide twelve arbitrators for the
consideration OF n similar case: 1t is question
able whether the State does not pay out every
year hlu ost as much to juries changes hands
as rc=nit Of jury trials II we count the actual
value OF the time OF the jurors in addit on to the
money paid. have no doubt OF the fact. Ii il an
absurd gem rosity ON the part o; the State /
ordinary jury should consist OF five, or three.
with Il prov zion that any liticant could demand
If he saw iii a jury or twelve, provided he would
pay the additional expense. there would not he II
jury of twelve men demanded in the course OF a
year Throughout. the whole State OF Virginia for
the same reason that twelve men arc not now
considered necessary 10 arhitraie questions that
are oftcr vastly OF more importance than four
ifths OF the cases tried in the courts for which
matter heciusc ! believe that the State j. too
poor: the people have 10 work too hard Tor their
money TO waste il in taxes for the maintenance
OF an Inadequate, useless and absurd system
which has been rcoudiated by every business or
ganiHaiion III oU.iout The world
The Il xt subject 10 which wish 70 call your
attention J. the usurv laws OF the state OF Nir-
eiuia.
The lreyi-ors the code OF isi9 in note Use
the follow NJ language:
We recommend another rule ~ betior sus-
iaincd By the enlightened opinion OF modern
iimc-; more cquitahl', better calculated 10 di.
mini>h litigation and conducting more 10 Inc wei
fare OF tue state
The rule recommended was ihai the legal inter.
est should he six pr cent b.t h. written con.
tract or assurance. eight pc. cent coulG he
charged. The recommendation OF the re,i-er> OF
the code was, for some reason not m parent nj
his time di-regarGcd. II i quc-tiouahl; whcthc,
their recommendation should not be renewed
ana nc adopted by the legislature The politico
ccotomi-t- agree that contracted CURRENCY PRO
duce- depression il business and what j. known
u 'hard times statisiicianS have calculated
that the per capita circulation of the South m q 4
gre .tcr part OF the West. j. from six to eight dol
lar. The per capita circulation should be foul
or i've times tins amount for Il healthy business
condition. A. long a. the present conditions oh
tain, we vi suffer from >iacnaicd business due
~ the wan' or circulating medium. In times al
. cat confidence the Circulating medium j. aided
Ivy negotiable notes and evidences of debt In
times when want of confidence prevails these
~ actual currency i felt. II follows n u lOrica
cor cn-ion. u am correct in my premises thai
LEGISLATION should nc directed 10 the bringing OF
Currency into the state. ana do not believe that
any one piece OF legislation would have 20 GOOD
an circo, III This direction n the adoption OF tht
re concentration OF the rcvisers OF the code OF
1873
The tendency OF our present usury laws is tc
create monopoly i'll the business OF loanins
money. 10 ctnfinc il TO a few bankers and money
lenders, to cut OF the state from the money mar
kcts OF the world. Monopulies are necessarily in
jUr'ou-, competition beneficial. The bankers an(
money lenders OF his State who sell their money
sell IL for the profit that Is in tho business as
rule. get "a high price rs tho market will AFFORD
Exactly n the merchant sells his goods a. rs bioI
a pIirc IA the market will stand. The banker anc
tho money lender here know that, on account OF
an educated public sentiment, and the fear of the
con tn