The herald., 1897-10-29
BUT NO REMEDY PRESCRIBED
LAWYERS AND LAYMEN ARGUE
FROM THEIR sTANDPOINTS
Los Angeles Woman Attorney Thinks
the Situation Not So Bad as
Painted-Delays Justifiable

as much interest as that which was the
subject at the regular meeting of that
organization last Friday night. The
club, always progressive and up to date,
propounded the question as to what
caused the delays in nearly all the courts
and in nearly every character of cases
before the courts. That delays do occur in
the settlement of nearly all cases is
patent to all who have been interested
in any matter in litigation and the club
secured the views of its members as to
the causes. Since the meeting the sub
ject has been talked of by attorneys and
others all over the city. 1t was put to
number of well known people and the
following is what some of them have
to say on the subject
AN ATTORNEYS OPINION
"That question is one which might be
argued for years without result said
Assistant City Attorney Thomas. II
have been interested in the questions
that that club has asked of it's members
and as lawyer am particularly inter-
ested in this. There are so many causes
for delay in all cases that come before
the courts, so many means of securing
continuances, so many really good rea-
sons for continuances in order that jus
tice may be done both parties to an ac-
ton, that a remedy of the existing con-
ditions would be hard to find. 1t will
not be found soon, if at all. This is true
of both civil and criminal practice, and
while it is doubtless taken advantage
Of often, believe it is done in the inter-
est, or supposed interest. of justice.
do not believe. indeed 1 would hate to
believe, that there is much corruption
In the courts. That there is some in
places, there can be no doubt but 1 am
of the opinion that the delays are moro
often caused either by the regular
course of cases through the courts or the
crowded condition of some of the dock
cts than through any effort to defeat
the ends of Justice
A LAYMAN'S VIEWS
"That is a matter that have watched
In more than one case said Council
man Toll, when the question was put
to him, land have tried to find simple
solution for it. I do not think I can sug-
gest a solution which will put stop to
the laws seeming delays, but I have
tried to learn just what was the true
cause for most of it. A lawyers fame
in the community and his standing in
his profession depend naturally upon
his ability to win cases. To do this is
what he is before the courts for. 1t is
not necessary that he use unfair means
to do this, and believe the adoption of
unfair methods is the exception and not
the rule. Let an attorney be on what
appears to be the losing side, and know
it, is not the temptation for him to resort
to the numerous means of securing Il
postponement and delaying the final loss
Of the case great one?
'.He does not know what may arise to
turn the tide in his favor. Some simple
thing may happen to enable him to win
when were he not to resort to the con-
tinuances he would certainly lose He
has to act, or is expected to act, to the
best interests of his client and does not
that best interest demand just such a
course? Would you have him lose when
by delaying matters he might win? To
expect such thing would be to expect
what is not reasonable. He gets inter-
ested in the case, and to him it is often
the same as if his own rights, liberty or
property were at stake. In his zeal for
his client he secures all the continuances
he can and resorts to the means at hand
for securing delay, and in doing so lie
cannot be accused Of bad faith. In fact.
any other action would lead to such an
accusation.
This same rule applies to the courts
themselves. / am a firm believer in the
purity of the judiciary, but Judge is;
often placed in such position that he is
compelled to grant continuances, and
defer final action when he we'll know;
that it is demanded just for the purpose
of delaying matters. What is he to do
1t is the effort of all judges to prevent
the possibility of a reversal of their find
ings by higher court, and mistake
upon what appears to be a minor point
has been known to cause reversals of de-
cisions. That there are sometimes in
stances when attorneys take advanta ge
of the many loopholes in the rules Of
practice and the law to delay action is
we'll known, but / do not think in the
general run of cases. this action is taken
except through an excess of zeal for the
interest they represent. Can I suggest
remedy? Well, no: that is something
for the courts themselves to decide
MISS KENNEY'S IDEAS
Miss E. L. Kenney, the well known
woman attorney of this city, has de-
cidedly strong views on the subject of Sc
much discussion, as to what is respon.
sible for the present administration OF
the laws of the country as regards thei,
failure to act promptly and effectively
Il think that the people, the clients
are to blame in a great measure" sale
Miss Kenney, "for the simple reason tina
they expect their lawyer to win the cas-.
at any cost, and consequently all view.
of justice and honesty vanish very fire
quently to attain the end by fair mean
or foul. AS matter of fact, however
do not think that the law and it's de
lays are as delinquent as the majority u
people think they are. What to man,
people appear to be useless forms an,
technicalities, are, in reality necessar,
for the absolute protection of the limo
cent, who, of course. may find them
selves tangled in the nleshes of the las
through an unluclSy chain of circum
stances. The Durrant affair? Well,
hardly think it's fair to take an extrem
case as an example. and of course ther
is no doubt that the legal technicalitie
which have delayed the decision one wa,
and another seem to be useless an,