St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-30
MEMBER OF THE UNITER STATES
SUPREME COURT SPEAKS
AT DETROIT.
THE LAWS OF THE LAND
WHERE THEY ARE WEAK AND
HOW THEY COULD BE I'M
PROVED.
HOME RULE GROWING IN FAVOR.
Too Many Inferior Lawyers in the
Profession and Most of Them
Could Be Spared.

DETROIT, Mich, Aug. 29.-S. M.
Cutcheon, of the local committee of
arrangements, apologized to the del
egates of the American Bar associa-
ton during today's session for the
extreme warmth of their welcome
He added, however, that the ther-
mometer was today being pulled
down. Reports of standing COM
mitteeS was the order. The commit
tee on federal code of criminal
procedure" reported difficulty in get
ting their matters before congress.
The committee on uniformity of
state legislation" reported that six
states and one territory had since
the last meeting appointed commits
SionerS, and that some of the state
laws recommended by the commits
sionerS had been enacted. The grand
council will endeavor to secure the
appointment Of commissions in the
other states. The committee on
patent law reported adversely to
any general revision Of acts in their
line, but recommended various spe-
cific amendments. The president was
authorized to appoint delegate to
the meeting of the British Bar as
sociation on comparative laws, SIM
liar action having been taken by
the English organization as to- a
delegate to be sent to the American
association. The committee on "1aw
reporting urged more simplicity and
uniformity in methods. State super
vision of making reports was rec
commended. After the transaction of
some business of technical interest
the convention adjourned until even
ing and the delegates left for
cruise on several steam yachts to
the st. Clair flats. The trip was
without noteworthy incident until
the return to the city, when, as one of
the boats landed, the venerable
James Hoy, eighty-four years old,
and the Oldest member of the Detroit
bar, in some way lost his footing
on the gang plank and stepped off
into the river. Judge j. M. Dickin-
son, of Tennessee, assistant attor-
ney general of the United States,
promptly and bravely leaped into
the water and supported Mr.. Joy
until the officers and crew of the
yacht came to their assistance.
Judge Dickinson was the recipient of
many compliments from those who
witnessed his brave act.
BETTER EDUCATION NEEDED.
The section of legal education
had charge of the evening session.
President James Bradley Thayer
presided. Austin Abbott, secretary
Of the section, offered a recommenda-
tion that admission to the bar be
placed under the direction of the
courts of last resort, which sugges-
ton was left to the consideration Of
the delegates. Chief Justice Brewer,
Of the supreme court of the United
States, was then introduced, and read
a paper on Better Education the
Great Need of the Profession" Just
ice Brewer said:
1.-The administration of justice would
soon be considered a mockery if first
impressions controlled every case. But
without detracting from fullest exami-
nation and consideration. Shorten the
time of processes. Curtail the right
OF cont1nuanceS. When once a case
has been commenced deny to every
other court the right to interfere, or
take jurisdiction of any matter that
can be brought by either party into the
pending litigation. Limit the right Of
appellate court. Reverse the rule of
decision in appellate courts, and in
stead of assuming that injury was
done If error is shown, require the
party complaining of a judgment or
decree to show affirmatively not mere
1y that some error was committed in
the trial court. but also that if that
error had not been committed the re-
suit must necessarily have been differ
ent: 1t may be said that this would
make reversals very difficult to OBJ
tain They should be difficult The
end of litigation should be almost al
ways in the trial court. Business men
understand that it is best that the de-
ciSionS of their committees of arbitra-
ton should be final and without re-
view. While some of our profession
seem to think that justice is more
likely to be secured if by repeated re-
views in successive courts, even to the
highest in the nation. the fees of coun-
sci can be made to equal, if not exceed
the amount in controversy between
should be no appeal. say it with re-
luctance, but the truth is that YOU can
trust a jury to do Justice to the ac-
cused with more safety than you can
an appellate court to secure protection
to the public by the speedy punish
ment of a. criminal. To guard against
any possible wrong to an accused a
board of review and pardons might be
created with power to set aside a con-
viction or reduce the punishment If
On the full record it appears not that
technical error has been committed,
but that the defendant is not guilty or
has been excessively punished. The
truth of it is, brethren, that in our de-
sire to perfect a system of administra-
ton, one which shall finally extract
from confused masses of facts and
hctions the. absolute and ultimate YER
is often gross injustice. We are put
ting too heavy burdens on our clients.
as well as exhausting the patience of
me public. Better an occasional
justice of the peace than the habit of
protracted litigation.
HOME RULE.
''The idea of home rule and local self |
government is growing in favor. |
Ihoughtful men more and more see |
that the wise thing is to cast upon |
each community full responsibility for |
the management of it's local affairs. |
and that the great danger to free GOV |
eminent is in the Capitalization of |
power: Is it not in line with this |
thought that as far as possible the |
final settlement CT all controversies
which are in themselves local snail |
be by the immediate friends and neigh
borss of the litigants2 Was not that I
the underlying thought of.the jury as I
that the jury system is the great bui- I
Wark of our liberties, are ne not in
danger of undermining It's strength and /
its influence by the freedom /
aYanaalC2 1o
therein that the jury and the trial |
Judge cannot be trusted. and is moi th.