Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1901-01-09

land Bar Association Mr.. David
Ssosrt spoke on ths Isw's dslsys He
said in psFk
EVERY man, fer cay injury done
to him in his person OF property,
eught 10 have . rsmsdy and
and ought 10 hare justice
and right freely without sale
fully without any denial sad spssdi-
" without delay. So reads our Deco
laration Of Rights-
"Ameng the very worst Of the
svils one may encounter in life is the
laws dslay.
Fer this morsiists, nevsIists,
drsmat;sts and historians have. ate
tackled aad satirizsd our courts and
our profession.
Ser this the practical business
men in . community hesitate y car-
y their grievances int eourt prs
tsrring to resort 70 their own boards
Of arbitration or to accept any rsass
OnAbls compromise rather than be
made the sport Of tri6ing sAsurditiss
and nevsr-ending pOstponemsnts.
This by thougAtful. writer's has
been urged ~ an All-suficisnt sx-
cuSs for lynching in cases Of brutal
murder and rape.
"Alllifs moves faster; but proddsd
By the LsgislAturs, jssred at by the
idle crowd, laahsd by the public
press, there lags doggsdly bshind
our old mules, legal procedure.
"SOms delays are unavoidable,
Some are due to indifference and
neglect Bat some are the result Of
dsliberAts planning. 1 am appalled,
at the realization Of the OPpOrtuni-
ties which our procedure offers 80
unscruPulouS and reckless man 70
svsrt the timely Judgments Of onr
courts; and an amazed 70 fad that
there are nsmbsrs Of orr profession
who contend that in 9 law suit eli
tactics are fair.
at is only when one has sOsn the
tragedy resulting from some grea,
evil that one realizes what shat evil
is. / have knOwRA refined. highly
sdncated, sensitive woman, after Eve
years ltigatiOn, maddsnsd By public.
ity, driven dsspsrats By fnanciaI
straits due to her inability 10 COL
lsct money judiCiAlly awarded to her,
suHpiciaus Of bench and bar, hOpslss,
Of justiCs-hsrsslf, in spite Of her
lawyer, abandon her case, though
victory Was at last in sight-an BE-
eAnss Of the laws delay. And hare
heard the man whose trieksry had
won this delay beast Of il.
Granting that delay may amount
"a . denial OF justice, Why il not sny,
one who resorts TO this device - NOR
ally culpAbls a. one who uses svi-
dsnes he knows to Be fslssS And
granting that in such matters - de-
murrsrs or aPPsals taken for delay,
it il almost impossible to prove =
criminal motive, 10 there any depart
ment in our practice in which an
Association like this should 90 en-.
courage snd insist upen a high
standard Of psrsonsl naalinsss, Elm
csrisy. atraighttpFwaransss saa hOn-
sstys
ain the heat Of litigation, in the
disappOiAtmsuto fa slosA oaune, enc
lawyer is enly 10 prone 70 condsan
his opPOnsnt. Every member Of this
bar is 70 Be presumed to b wesklng
honOrably in the .disshArTs ef bis
duty. Butif il hsOomss apparent
bsyoRd doubt that anyone Of us is
abusing the processes Of oar Oourt,
We, and our judges, should proceed
against aim vigorously apd viAhOuA
mercy. Not Only hsys We this NOR
81 duty 70 eur processes. and 70 the
pnblie, but il u . duty demanded BY
eur own self interests, fOE every mis-
carriage Of justice, svery case long
delayed in its sstslsment. friEhteus
the public aad diminishss tksnqnbr
or Of cur clients.
w. -