The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-03
Hardness of the Courts.


said the things concerning the legal
profession which Justice Brewer said
last week, before the American Bar as
ISOLATION at Detroit, members Of 1t
would have manifested resentment.
But coming from justice OF the high
est known court, his structures have
been received in silence, and with an
attempt at complacency. The subject
Of Justice Brewers remarks was the
tardiness which increasingly charac-
terizes the administration of justice
in this country; and how this defect
might best be overcome. The gist Of
the Justices argument Is embodied in
the following pregnant paragraph,
which IL Of interest to laymen as we'll
as lawyers:
Shorten the time Of progress. Curtail
the right Of continuances. 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 review.
Terminate all review IN one appellate
pellate courts. and instead of assuming
that injury was done IL error Is shown, re-
quire the party complaining of judgment
or decree TO show affirmatively not merely
that some error was committed in the
trial court, but also II that error had not
been committed the result must necessar-
lily have been different. 1t may be said
that this would make reversals very 'd,f-
ficult to obtain. They should be difricult.
The end of litigation should be almost al
tV. Nhs. fpfa rv1nn
understand that 1t Is best that the decis-
ions 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 Sc
cured if, by repeated reviews In successive
courts. even to the highest in the ma
tion. the fees of counsel can be made to
equal, IL not exceed, the amount I'm cOntro-
versy between the clients. In criminal
cases there should be no appeal. ! say It
with reluctance, but the truth IL that
you can trust a jury to do justice to the
accused with more safety than you can
an appellate court to secure protection 10
the public by the speedy punishment OF
a criminal To guard against any possi-
BILE wrong to an accused, board OF re-
view and pardons might be created with
power to set aside conviction or reduce
the punishment. II, on the full record, II
appears not that n technical error has
been committed. but that the defendant
is not guilty or has been excessively pun
ished. The truth Of Il Is, brethren, that
in our desire to perfect system OF admin
istration, one which shall finally extract
from confused masses Of facts and fiction
the absolute and ultimate versties. we for
get that tardy justice Ia often gross In
Justice. We are putting too heavy bur-
dens on our clients, as well as exhaust'ng &
the patience of the public. Better an oc-
casional blunder on the part OF Jury OF
a Justice Of the peace than the habit OF
protracted litigation.
In concluding this portion Of his
address, Justice Brewer significantly
said: "The idea Of home rule and
local self-government Is growing In
favor. Thoughtful men more and more
see that the wise thing Is to cast upon
each community full responsibility for
the management of its local affairs,
and that the great danger to free gov
ernment is in the Capitalization OF
power. Is 1t not in line with this
thought that as far as possible the
final settlement OF all controversies
which are in themselves local shall be
by the Immediate friends and neigh
bors of the litigants? Was not that
the underlying thought Of the jury as
first established? And while we boast
that the jury system Is the great bull
wark of our liberties, are we not In
danger of undermining ks strength
and impairing Its influence by the free
dom of appeals? 1s not the irnplica-
tlon therein that the jury and the trial
Judge cannot be trusted. and " not
the sense Of responsibility taken away
from both when they understand that
no matter what they may decide some