The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1894-12-01
WAN REFORMS.
Some of the Reforms Which the st. Louis
Bar Association VIII Agitate at JefYer.
son City During che Coming Winter
The Change of Venue Question.

son City During che Coming Winter
The Change of Venue Question.
ST. LOUIS, Nov. 23.-The St. Louis
Bar association is likely to agitate a
number of reforms at jefferson City
this winter which have long been agi-
tating the lawyers and judges, not only
of st. Louis, but of the leading towns
of the state.
Two of the chief question which have
engaged the attention of the a~ssocia-
ton are the law with reference to the
matter of change of venue in civil cases,
and the combination of the civil and
criminal business, by making an addi-
ton to the former. Mr.. Percy Werner,
of the firm of Pollard & Werner, has
already drawn up al amendment to
the present statute, which he and a
number of others declare is unscrupu-
lousy used to defeat the ends of justice
in many instances.
THE present law" said Mr.. Werner,
contains provisions which enable one
to obtain a change upon application,
provided only he presents an affidavit
setting forth hat the inhabitants of
the county are prejudiced against him
and that the opposite party to the snit
has an undue influence over the inhab-
itants of the county. AS the law at
present stands the court has no power
to inquire into the truth or fall
sity of these assertions. The law
provides that reasonable notice sha ]
be given to the opposite party.
and this reasonable notice has been
construed to mean, practically. no no.
tice whatever. 1t is a fact, and one
which has been observed by all law
yers who have an extensive practice,
especially those engaged in the de-
Tense of damage suits, that gross
abuses have been perpetrated under
the statute. A plaintiff in a damage
suit who is n poor person, and who is,
therefore, entitled to have all neces-
sary process and proceedings with
out fees, taxes or charge, makes an
affidavit that the inhabitants of a
city are so prejudiced against
him hat he can not obtain a fair
trial, and on this ground an appli-
cation for a change of venue will be
presented to the court and to the ad-
verse party at the same time. The
court is compelled to send the case to
some adjoining circuit, thus putting
the defendent to great cost and trou1
bic. The statement that the inhabit-
ants of a city like st. Louis are so
prejudiced against an unknown man
that he can not obtain a fair trial is
absurd on the face of it. The applica-
tions for a change are usually insti-
gated by the attorneys of such plain
tiffs as those to whom l have referred,
and are made in the hopes of obtaining
a more favorable jury or of worrying
the defendant into a settlement"
"Yes, l have framed a law which
would effect some changes that l think
would be of great benefit to the state.
The changes are based on the law
which has existed in the state of ILL
nois for many years. That law pro-
vides that ten days prior to the appli-
cation for n change of venue notice
shall be given to the opposite party,
except where the knowledge of the
facts upon which the application is
made does not come to the applicant
till after that period. Then an applica-
ton for a change must be supported
o only by the affidavit of the ap-
plicant, but by one from two reputable
citizens. Further, the opposite party
to a suit shall have the right of con-
troverting the grounds upon which the
application is made by a counter
affidavit, so that the court has, there
fore. the opportunity of testing the
truth or falsehood of the statements
of each party. The result of the
abuse of the present law is
shown in one remarkable instance.
a certain court of st. Louis
county. to which most of the cases are
sent on a change of venue, the docket
has been so crowded every term for the
past few years that Judge Hirzel has
been compelled to remove his residence
to Clayton, and to hold court for weeks
after the legitimate business of his
has been disposed of. And the
court officers there have been compelled
to give their services free where the
taking the change of venue
come within the provision giving pro-
cess and proceedings without fees,
taxes, or charge
Another subject of equal Importance
is that of the consolidation of the
and civil courts. The chief
reason for the bringing about of this
is a desire to give greater dig
nifty to the administration of criminal
.aw. At present. in the opinion
IF several lawyers of promi-
hence, the criminal judge is
.ooked upon by the vast majority
IF the people as little above a
police justice. and it is asserted by all
hat n division of the courts into
must also mean a division Of
me lawyers into classes. Thus the
men who practice in the civil courts dc
practice in the criminal. and vice
A further question, with which
he committees will deal, is the educa-
ion of the lawyer: hat is, the stand
lrd of knowledge, legal and other
acquired before one can
obtain a certificate which will en-
lble him to practice in the courts.
It is stated that the present system OF
years in a law school is an evil.
md it is also stated that, in addition
% the increase in the term of compul-