Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-04-07
Some Reforms Practicable Without
u New Constitution.

10 the EdltOr OF the Dlspdtcn.
Frequent allusion has been recently
| made in your influential Journal to the
| inordinate delays in the administration
OF justice by our courts. and you are 10
| be much commented for calling public
| attention to this crying evil. Judges and
| lawyers boast Of their profession as be-
| ing one OF the great conservative forces
| In the body polite, and hence by a sort
| of sentimental pride, they look with ma
| tural contempt upon every change and
! upon everything savOring of reforms. But
| reforms must needs come, whether they
| will or no, for II cannot be denied that
the practice and procedure IN Our courts
| are far behind the demands Of the times
| The friends of a constitutional conven-
| ton argue that our judicial system Is
| so cumbrous, expensive, inefficient, and
| slow In action, as 10 Justify the expense
| and hazard OF a convention 20 remodel
| It entirely. l am one of those inclined
| 10 the opinion that
| For forms of government, let fools
| contest:
| Whate'er is best administered. IS best"
| So, passing by the question of a lew
| constitution and a new judicial system
| beg now TO suggest "A few simple
| changes, entirely practicable under our
|
| constitution that will tend in considera-
| BILE measure 10 meet the chronic COM
| plant OF the laws delays:
| The Dispatch seems to lay stress upon
| the delay and uncertainty of justice
| caused by accused charged with
| capital crimes having to be tried
in the county court, and il tried
| and convicted. the right OF appeal 10
the circuit court, and thence TO the Court
| Of Appeals.
| Now, this whole matter is regulated
| by the statute law, and, there being no
| constitutional right Of the accused in
| volved, and 10 constitutional prohibition
| upon the Legislature, the Legislature
| has absolute power TO abolish altogether
| his existing right OF appeal. 80. there
| Is no need of having either new cOnst-
tuition. nor an amendment OF the old one,
| in order TO cure this evil, II evil it be.
| In short, there is very little restriction
upon the power OF our Legislature in
respect to the Jurisdiction or the courts.
Ii may confer upon the county and cor
pOrtatlon courts exclusive jurisdiction In
criminal cases, with or without appeal
| to higher tribunal, and In cases OF APP
peal may provide for speedy trials there
| of. IL may enlarge the jurisdiction OF the
county courts, or provide for more fire.
quent terms OF the circuit courts. thus
afording moro speedy determination or
causes.
1t is apparent that most of the vexa-
tious delays pertaining to our system
are not chargeable to the Constitution, but
to the statutes, and the rules and proceed
ings Of the courts themselves. which
might be very advantageously amended.
1t is gratifying to note that our present
Court OF Appeals seems 10 have practical
ly abolished what the newspapers called
free writs of erroT'-that is. the prac-
tice OF granting appeals merely because
they are asked for. The careful examina-
ton now given to petitions and records
for appeals, and consequent refusals to
allow appeals In cases without merit, will
not only in due time relieve the present
crowded condition Of the docket. but will
lessen the labors OF the court, and greatly
expedite the hearing OF cases properly
appealed.
But in this connection Il may be observed
that some of the rules OF that court are
specially designed 10 enforce delays that
seem to be unreasonable and unneces-
sary: for instance, the rule that forbids
its decisions to be certified down TO the
lower court until 90 days after such de-
cision is rendered. Since the decision
becomes final within ten days without APP
plication for rehearing, to hold IT sus-
pended as IL were, In the air, for two
months. seems inexplIcable.
When 1t is remembered that the result
of nearly every appeal it TO remand the
case to the lower court for some further
proceeding. which can only be taken du-
ring term, and that eighty or more Of
the counties and cities have only two
terms OF the circuit courts year, IL
must very frequently happen that this
rule causes delay OF legal proceedings
for over six months without any sppar-
sut reason.
But | only designed to call attention
10 the fact that some OF the complaints
against our present system floating
around in the newspapers might be re-
NEEDED In a cheaper and more expeditions
manner than by a constitutional conven-
ton. Respectfully.
]. SINGLETON DIGGs.
Lynchburg. Va, April 10. 1895.