New-York tribune., 1900-12-04
THE LAWS DELAYS.

The gratifying announcement is made that
the new Court of Appeals calendar will show a
considerable decrease from the usual number of
cases owing 10 the success of the judges during
the last year in dSpOsng of accumulated bust
Hess. Instead of carrying over TO next year so
many old cases that the judges would begin
the year with two years work before them the
Court has practically cleared up the calendar
for 1900, and will start the new year with
ont an accumulation of appeals beyond those
arising within the last twelve months. At this
rate in about a year the Court will be actually
abreast of the time and cases carried up can
be argued as promptly they can be prepared.
This record il n vindicatiOn of the cOnstitu-
tiOnal amendment which enabled the Governor
10 detail justices OF the Supreme Court to tenn
porary duty on the Court of Appeals, thus en-
abling that Court to sit more continuously for
the hearing of appeals, while some Of it's judges.
having heard previous arguments. were off the
bench writing opinions
This great relief for litgants in the highest
court emphasizes the even more pressing need
Of relief for them in the lower courts. The
more important case. and the more worth
while an appeal OF 1t is. generally the better It
can afford to endure delay. 1t is with re-
gard TO the cases that never 20 10 the Court OF
Appeals that the delays of the law are most
burdensome. For the poor man. the man try
ing 10 collect n debt, the delay OF justice often
amounts 10 an entire denial OF Justice II
takes about two years TO get any ordinary jury
case 10 trial in the Supreme Court I'm this De
partment. A man who does not want 10 pay
his debts finds IL convenient to put in some
kind Of an answer TO a claim. stave off pay
ment for a couple OF years and be a clear
gamer when Judgment is finally taken against
him. The litigant Of small resources can he
tired out, particularly If a plaintiff demanding
rights. and forced by rich antagonist to ac-
cept compromise abandon his action alto
eether. So well understood Is this that rail
road and other corporations regularly take ad-
vantage of no law being able To reach them for
long time TO ignore the rights of individual
citizens, do they please and trust Ia the
chances OF a courts being able 10 reach them
al some distant day. Government by injunc-
tiOn," much abused though it is happily is able
in some cases to interpose prompt objection to
certain irremediahle wrongs but others equally
irremediable, if not promptly redressed. must
drag their slow way through congested courts
Even the equity terms of our courts are behind
with their work. Men charged with crime too
suffer great hardship from delayed trials mar
ticulary If poor and unable 10 obtain bail. or II
charged with a crime for which bail Is refused
They may be locked up a year only 10 he fri
umphantly acquitted
The remedy for this state of affairs Is not ,sv
10 md. The most common suggestion is thai
our courts might sit longer hours and taka
shorter vacations The sessions here hagi,,
later In the day and end earlier than in Other
sections of the State where the pressure of Iiti
CATION Is much less II is argued. however in
favor OF the custom prevailing here that tho
business habits OF the community make longer
hourS UsadvantageOus. Business hours ora
shorter than in small towns Merchants aud
ilnahciers come downtown later and leave their
offices earlier. Lawyers in active practIca nood
'he early forenoon and late afternoon for oa,oo
business and early and long sessions wouId no
n hardship 20 them. There Is doubtless so,uo
truth In this view, but If our courts even os .
temporary expedient would all sit ono bo,,r
more a day great deal might be done to cIeor
on the accumulation of cases. and the Io,,,rors
could endure the extra labor now ond tho, -
their cases came up I'm turn. II would soon,
particularly desirable that with the cor,,,,u,
iVeiy short daily sessions the courts mich, 10
kept III operation larger part of the va,r -.
least until the congestion is relieved. Rusiposs
however. is continuously growing. and MI
ahly from time 10 time additional facilities ,,,.
be authorized. Possibly, instead Of permano,,t
additions TO the judiciary some elastic svsto,,,
might be devised for the Supreme Court os :,
has been for the Court of Appeals.