The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-05
WANTS THEM TO WAKE UP.
Secretary Nelson Of the Bar Association
20 the Lawyers.

IN anotheF coiumn Will be FOUND The call
for a special meeting Of the Montana Bar
association. This call IL nseossitated by
the fact that At the time and place nred
for the last annual mseting (of which every
member was duly notified By NALL there
was no one present except the secretary.
A. the ssmi-annual meeting In August last
only four members we're present. and the
average attendance during the last fvo
years has been less than twelve.
From the attorneys roll OF the supreme
cou OF the state, 10 appears that thero are
TO- day go PERSONS licensed 20 practice law
In Montana, and OF that number ninety
reside In she city OF Helena. yet the Mon
tana Bar association. that ought TO include
at least three -fourths OF the lawyers IN the
state, has never had over l6J names upon
its roll, and to-day, by reason Of failure 30
pay annual dues, that number Is reduced
70 forty.
From its organization In 1886. the assoei-
alton has been reaolute In nothing but res
olutions. and Tor several years past II has
existed In a moribund condition. While
this IL true. every lawyer who intslligently
appreciates the great importance OF his
profession 20 the community a. large. es-
pecially In its relation 20 much needed leg
ialation, knows THAI our organization can
aud ought TO be eufuential. Merely 20 ask
the one question. what shall the next
state Legislature do with the report OF the
Code ccmmiasionl" is 20 suRRest al once
the importance OF an active, wide awake
bar association.
An editorial from the Chicago Herald
OF the 31th ult 10 so directly app /.
cable TO tho condition of things la Montana
to-day, that with a view TO the resurrection
of the Montana Bar association. beapeAk
for Il the careful consideration OF every at
torney in the state. A. II. NELSON,
Secretary Montana Bar Association.
4ss- -
yera and Law Reform" and ta as follows:
Last week she state bar association held a
two days session In Peoria and Rd iou ned.
For seventeen years this association has
annually done the like. 10 meets, the mem
bers read papers and make speeches, debate
few resolutions. deploTe the laws delay,
sympathize with their afflicted clients, ap-
point committees to consider questions Of
law reform, suggest the existing necessity
for few additional judges and diourn 90
meet tho following year. Here is n passage
from the valedictorY OF President Wheeler:
The most serious charge Is that the law is
tafdily administei ed AM that justice treads
with a leaden heel. There is too much
truth In the charge, AMI nothing
has so far tended 90 bring the
administTation of the law into dis
rePuts as this. But where is tho fault2
The court dockets are crowded ana too
much labor is imposed upon the Judges.
This can only BE- relieved 5y providing ad-
ditional judges. There Is limit TO the
endurance OF courts and you might as we'll
attempt the division Of a small number by
a larger as TO obtain the performance OF
dOuble dutY By . judge
In the course OF his remarks ths presi-
dent also dwelt on the delay caused by the
supreme court in deciding cases on appeal.
His remedy for that 10 that the three grand
divisions should be consolidated into one.
He gued that II this we're done much
time might be saved by affording appellants
three oppoTtunities to reach the supreme
court where but ons now existed. lie suR
Rested that a. she present meeting a COM
mittee be appointed to draft n suitable
measure providing for this reform. to be
laid before the Rext legislature. 1he asso-
citation did not appear 90 consider this sug-
gsstlon of much weight, for no such oom-
mittee was appointed.
The truth Is that so far as the delay oc-
casioned by the supreme court is concerned
and 10 il very grievOus-is would not be
cured materially by q consolidation Of tbs
grand divisions What that court needs is
consolidation of consultation, followed
by immediate decision. More than half
the cases before them should be decided
out of hand, as soon as the arguments are
heard, and the other half after more or less
consideration and discussion Ia the consul
tation room.
"rhs idea OF a bench Of Judges hearing
cssos every day for 4 term OF court, and
then packing mp abstracts, briefs and
arguments In their grips aud solemnly
going home 20 study ovss those oasss and
write out opinions. is q spectacle 10 make
Themis blush. 10 Is so ridiculous that 10
would create general laughter we're 10 not
so sXaspsrating to litigants and taxpayers.
The may be other states where this
absurd practice holds, but 10 10 not so in
the United StAtes supreme court. As Presi-
dent wheeler very justly said, the docket
in that court is so large that it requires
three years 90 reach case on cali, but
when the case 10 submitted It is speedily
decided. In the vast majority of cases the
dsoiaion 10 announced on the Monday fol-
lowing the argument. and in every case II
10 rendered within few weeks.
Not 30 In the supreme court of Illinois.
There the litiRSnt is lucky IL he gets a de-
oiaiOn in six months. More often 10 is Y
year before the determia alton Of the couTt
10 known. But neither President Wheeler
nor The bar association cauld make any
suggestion as 20 how tnis evil is 20 be rems-
died. Certainly 10 10 beyond the pale OF
legislation, as 10 also appears TO be beyond
the reach Of satire and ridiculs.
"One may look in vain thi ough the p.o-
oeodinRs OF the association for a single
practicable remedy agreed upon by she
members present for the evils attendant on
the administration of the law that all ad-
iultteo. One proposed roatOratiOn OF
common Law powers 20 the judges. another
= reform In the jury system, another would
do away with the distinction between law
and equity practice. and vAfious proposals
OF more or less tertiuenoI were made. but
thew all came 90 nothing.
'lf committees were appointed 90 con
slider those suggestions they made iaugling
reports aad then the subject WAS referred
back to be reported on neIt year. How not
TO do IL seemed 90 be the chief object OF
theso learned oounseiors. The whole thing
ended Ia a banquet and dance and the
brethren parted satisfied that they had done
their dutg aud that next year they would
have more judges ana no more Of the
laws DELAY.
Not vord was said of that most hide
ous OF expressions, the land system OF the
state. Not position was made looking
10 the alienation Of the people from this
ehete relic of feudaliam. No Argument was
offered In suppo.t Of the Torrens syatom,
that has beon 80 successfully put in
operation ia other countries. All practical
and prsotIsabls reforms wsre studiously
igno cd and the modern 'circumlocution
ofiico' adjourned itself for = twolvemonth.
II IL 80. then, that We cannot look 10 the
LAWYERS for Law rsformg After seventeen
yeara' experience saoh might seem 20 be the
fact. And yea reform must come. " not
with, then without the aid OF the bar"
Rongh Weather On the Atlantic.