The state republican. (Jefferson City, Mo.) 1871-1896, 1895-09-05
FOR LEGAL REFORM.


sion," was the feature of the
American Bar Associations meeting.
Tho address was regarded as one OF
the strongest ever delivered before
the associati n. He said: "Tbe
administration of Justice would soon
be considered a mockery if first
impressions controlled every case.
But greater expedition can be
obtained without detracting from the
fullest examinations and considera-
ton. Shorten the tima of process.
Curtail the right of continuances.
When once a case has been COM
menced deny to every other court
the right TO interfere, or take juris-
diction of any matter that can be
brought by either party into the
pending litigation. Limit the right
of review. Terminate all review in
one appellate court. Reverse the
rule of decision in appellate courts,
and instead of assuming that injury
was done ii error was shown, require
the party co nplaining of judgment
or decree to show affirmatively not
merely that scme error was COM
mitted in the trial court, but also
that if that error had not been COM
mitted the result must necessarily
have been different. 1t may be said
that this would make reversals very
difficult to OBJ ain. They should be
difficult. The end of litigation
should be almost always in the trial
court.
Business men understand Tat it
is best that the decisions of their
committees of arbitration should be
final and without any review, while
some OF Our profession seem to think
that justice is more likely to be
secured If by repeated rev ews in
successive courts, even TO the highest
in the nation, the fees OF counsel
can be made to equal, if not exceed,
the amount in controversy between
the clients. In criminal cases there
should be no appeal. l say 1t with
reluctance, but the truth is that you
can trust jury to do justice to the
accused with more safety than you
can all a. pelate court to secure
protection to the pubic by the
speedy punishment of criminal
To guard against any possible wrong
to an accused board of review an5
pardons might be created, with
power to set aside a conviction or
reduce the punishment, if on the
full record it appears, not that a
technical error has been committed,
but that the defendant is not gQilty
or has been excess. vely punished.
"The truth of it is, brethren, that
in our desire to pefect a system OF
administrat on, one which shall
finally extract from coGfusod masses
OF facts ana fictions the absolute and
ultimate verities, we forget that
tardy justice is often gross injustice.
We are putting too heavy burdens
on our clients, as we'll as exhaus ing
the patience of the public. Better
an occasional blunder on the part OF
a jury or justice of the peace than
the habit of protracted litigation.
"The idea of homo rule and local
self government is growing in favor.
Thoughtful ren more and more see
that the wise thing to do is to cas-.
upon each community full RESPONSE
bility for the management of its local
affairs, and that the great danger to
free government is in the centraliza.
ton of power. Is it not in line with
this thought that as far as possible
the final settlement of all controver-
sizes, which are in themselves local,
shall be by the immediate friends
and neighbors of the litigants? Wa
not that the underlying thought of
the jury as first established? And
while we boast that the jury system
is the great bulwark of our liberties,
are we not in danger of undermining
its strength and impairing it's infiu-
ence by the freedom of appeals? l.
not the implication therein that the
jury and the trial judge cannot be
trusted, and is not the sense of re-
sponsibility taken away rom both
when they understand that, no mat
Ter what they may decide, some
superior and wiser tribunal is goipe
70 review their decisions and correct
whatever of mistake they may make?
"If our profession is to maintain
it's prominence, If it is going to con-
tinue the great profession, that which
leads and directs the movements OF
society, longer course of prepara-
tory study must be required. A
better education is the great need
and the most important reform. The
door Of admission to the bar must
swing on reluctant hinges and only
he be permitted to pass through who
has by continued study fitted himself
for the work of safe counselor and
the place of the leader.
"Why is higher education to day
the special need of the professionf
Because, first, the lew is a more
intricate and difficult science than
heretofore. Because, second, to
preserve the confidence OF the COM
munity in the profSssion each mem