New-York tribune., 1901-06-05
THE LAW AND THE TRUTH.

Jersey justice has before now commended IT.
self to people of other States, particularly of
New York State. because of the straightforward
common sense with which courts sweep aside
the cobwebs of frivolity and technicalty which
petufogglng lawyers spin about their cases and
go directly 10 the merits of an action. They
nave way Of getting jurieS over there in about
one-tenth the time taken here in important
cases 10y crosS-eXaminers, who seem to be under
Ihe impression that candidates for the jury box
are before them TO show their fitness for uni-
Versity degrees. They also have n wav II an
pears, of expecting litigants 10 admit plain
truths and not indulge in denials Of what they
Know to be facts simply to make opponents
prove them. to the waste of the courts time
ViceChancellor Pitney had before him on Mon
day some persons accused of contempt of court
in violating an injunction restraining them from
ntimidating certain of the Paterson silk mill
workers. The counsel for the defendants
started out by refusing to admit anything. not
even that the restraining order had been prop
erly served on his clients. The opposing coun-
sci was thereupon asked TO prove service and
he did 80 by reading n long series of afi-
daYits. He had gone as far as showing service
on six of the twcnty-three defendants when the
Nice-Chancellor interrupted and asked their
lawyer what he had to say about the service
which he had denied. The latter then an
swered: I'VE admit that these men were
served and the Vice Chancellor Indignantly
rebuked him. saying: THE counsel must not
take up the time of this court like this. What
do you mean by saying that yOu admit service
ION none of the defendants and then. after time
has been consumed in reading affidavits. you
admit that ii is trueT The lawyer, taking
refuge behind technical convention. asked
hive
cellor gave the sound. if somewhat unprofes-
sional reason. Because ii is true"
Because ii is truer' The object of courts and
lawyers. who are officers of courts. is supposed
10 be the discovery of truth But In many
courts lawyers are allowed to forget that func-
ton and to make themselves mere obs:ruc-
tionsts. not for the protection of the rights Of
their clients and the insurance of fair judg-
ment. but for the obscuring Of the issue and the
final nvaldating of the courts finding The
extent and seriousness Of this abuse generally
recognized, but effective effort seems TO have
been made to end it. One reason for the failure
is doubtless professional conservatism The
good lawyers so anxious 10 preserve for
themselves every loophole, which they of
course, would only TO escape Injustice that
they are timid about encouraging reforms which
would close those loopholes to the shysterS, who
lnelil 10 uefedI justice. ne Judges likewise
are tmd about cutting through frivoties and
taking the broad ground that law is after all not
an esoteric cult of fetichism, but the applica-
tion of systematized common sense TO practical
affairs. Our oyerela laborated rules of evidence
our almost unlimited liberty of appeal combined
with certain loosening of the old standards of
pleading and procedure thus opening the door
TO endless disputes over side issues have com
bined to make our whole machinery of Justice
slow, cumbrous and expensive. Proceedings in
trial courts often degenerate into mere play
for exceptions and grounds for appeal and trial
judges, ever having reversals before their minds.
VIII allow the greatest latitude or if they do at
tempt reform may find their work undone
In New-York law is less rigid than of old. but
IL is not simpler and more certain, except posi-
ply with reference TO real estate. With all their
conservatism the English courts have managed
10 deai with the practical problems of modern
business and growing litigation better than we
nave, and In the United States several common
weaifhs have done better. If our Judges wonld
frankly take the ground that the law is never
meant TO be absurd, and that they would not
tolerate the mass OF what is really nothin, but
pettfoggng indulged in so long that it has he
come respectable, they might make the admin
! istration Of justice In New-York compare more