The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1900-01-18
DELAYS OF THE LAW.
AN EVIL THAT is CONSTANTLY
INCREASING.
Faults that Weaken the Law-Why
Statutes Designed for Mans Beneht
Fail of Their Purpose Growth of
obscurity in Legal Diction.

1t Is long time since Hamlet emu
merated among the calamities or Ire
which seemed 10 Justify suicide the
laws delay" Ambassador Joseph Ii.
Choate, In "a recent letter TO the Amerl-
can Bar Association, said: THE law
delays. which seem TO be constantly on
the increase, may well engage the at
tention Of this association" From the
melancholy Dane TO the cheerful Amer
lean ambassador things have not I'M
proved. And yet the calamity OF the
laws delay Is one that man has In
vented ant brought upon himself. Like
most of Hamlet's troubles. II arises out
of the relations of men with each other.
Ii Is not a natural operation like the
blasting lightning or the killing frost
or earthquakes shock or tempest $
rage. Man, who first made law, made
or suffered what seem now its ineyita-
BILE delays
The reign OF law seems TO be one of
mans dsappointments. When men
lived free In the prilneval woods they
yielded portion OF their individual lib
critics In order 10 live together In com
munity and be governed by a common
rule. The regulations were doubtless
simple and just enough at first. but in
u little while laws multiplied and their
meaning and intent became matter of
dispute. aud then men began to pass
laws and adopt forms to hinder the OPP
Grafton of the laws they had already en-
acted.
The very language OF the law. intend
ed for the understanding and use of all,
became tortuous. redundant. involved.
pedantie and unntelllgible. A legal
statement came TO be made In be-
wildering fashion unknown In any
other form of statement. The simple
affirmation that A. killed Il. with a
butcher knife early became too clear
and definite for the purposes of the
law. and 1t was made necessary TO set
out that the said A. did not only kill the
said B.. but that he did cut, carve,
lacerate, main, wound, scratch and
make hole In the said b. at the same
time and place herelnbefore mentioned,
with one certain butcher knife of the
value of 90 cents. This jargon In time
became sacred. II grew to be an OBJ
ject Of reverence and was deemed nee
essary TO the sanctions of the law and
the maintenance of the Justice 1t real
ly hindered and obscured. No instru-
ment was considered good In law I'M
less couehed in this senseless and COM
plicated phraseology and this supersti-
ton became an early aud fruitful
source of the laws delay.
With this multiplication of words
came corresponding extension of
forms of procedure, OF methods of
how not to do it." Every statue ends
with ''if" or but" The laws under
which a street may be opened or any
other public improvement made neces-
sary to the comfort, health and happi-
ness of from 10000 to 100000 people,
also provide the means whereby one
stingy, unenterprislng and mulish citi-
zen may legally delay indefinitely the
prosecution of the work and entail
heavy costs upon thosce who favor II.
So able and learned lawyer as
Chauncey Depew tells his brethren of
the profession that this evil, this wrest-
ling Of the law from its purpose of
maintaining justice among men is In
creasing. The multiplication Of courts
multiplies decisions and decisions diff
fer. Diversity of tribunals leads to di-
versity of Interpretation. The practice
of the law is shifted from a matter of
principle to one of precedents Much
remains 10 be done before the law can
be looked upon by the people as the
perfection of wisdom or the sure de-
Tense of justice.-Kansas City Star.