The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-07-10

L SSNN
cause of action, or when lawyer GER
tifies that in his judgment the plalntln
has good cause of action. The court
in two cases in the 74th volumn or our
renorts has construed the statute as /
have indicated. In my judgment the
remedy is to limit the beneficial pur-
poses of that statute to proper cases. l
think that properly applied the statute
is eminently necessary and salutary, but
il has been and is being constantly
abused l think the statute ought TO De
so amended that leave to sue in forma
pauperis can be obtainable only from a
| Judge of the Superior court; that the ap-
plication for the order ought to contain
La summary of the evidence upon which
the plaintiff bases his cause OF action,
duly certified by the plaintiff, and that
the allowance of the order ought to be
discretionary with the judge after due
consideration by him of the evidence
| submitted Just as a grand jury finds or
refuses to find true bill upon the evil
dence submitted by the State. | think.
| that in order to prevent any injustice,
refusal to grant the order by one Judge
ought not to bar the plaintiff from pre-
senting his application to another judge.
So that any person desiring to bring an
action without giving security for costs
can apply to each OF the sixteen Judges
| of the State, if he so desires. l think
| a statute of this sort will not interfere
| with the assertion of any legal right OF
| action possessed by any person In the
State but will in large measure do away
| with the indiscriminate and improper use
| of the statute. 1t seems to me that the
present obligatory nature of the statute
| regulating this matter should be modi-
| fed as l have indicated in the interest
of public justice. To cite a person to
Ieourt, to call upon him to defend a suit
| in which the plaintiff is under no obliga-
| ton in respect to costs, to put him or
| necessity to expense, to loss of time and
| to manifold inconvenience, is wrong and
| especially so in those cases where the
plaintiff has no valid cause of action
and he and his attorney are merely spec
| ulating on the chances of a verdict. This,
| in my opinion is contrary to all IDEAS of
Justice and the proper regulation of
| judicial procedure. / heartily commend as
| / say, the law that allows persons with
out means and without friends to bring
suits without giving a bond for costs, but
| / suggest that the law be so modified that
some judge must examine and approve
| the plaintiffs cause of action before the
defendant shall be vexed with a law
suit. When the statute was passed the
speculative era of practicing law had
not then dawned in North Carolina, and
| the court which construed the statute
| literally did not dream of the coming
deluge of such litigation.
among the reforms have mentioned
as having been obtained through the ac
tive fundamentally of this association
is the recent increase of the Judicial
| districts of the State In my opinion this
association ought to. carry the reform
still further by urging upon the General
Assembly the enactment of law sepa-
rating the State into two divisions, each
containing eight districts and and con-
fining to each division the judges resid
ing therein in respect to the successive
holding of the courts of each district.
This plan retains all the advantages OF
the rotating system which are universal
ly conceded, and yet relieves the system
of most of it's attendant Inconvenience.
A Judge would hold the courts of each
district only once in every four years and
vet would be at all times much nearer
his own home in case of disaster or ca
lamity There have been times in recent
years when judges have had to suffer by
reason of being in the discharge of their
public duties at a great distance from
home.
The last Legislature enacted law
under which a plaintiff instituting an ac-
ton upon simple debt, can have the
action at issue at the return term by
I'll lint Oft
least thirty days before the term. 1t is
commemorate law because it is law
that aids and quickens the administra-
ton of justice. The law, however, is not
sufficiently comprehensive. / can con-
ceive of no valid reason why the causes
of action should be limited to those
enumerated in the act Why should not
the law be extended to all, actions? If
one has cause of action against anoth
err. he should be allowed to test it at
the earliest practicable time. The de-
lay of justice is as inimical to the pro-
visions of the State Constitution as its
denial. / think we ought to recommend
to the General Assembly the broadening
of the law as have Indicated
81 have made the suggestions which
| i have mentioned with doubt and hest
fancy. l have no pride of opinion, but
l am Impressed with their propriety and
necessity. l think that this Association
at it's annual session and in the work
| it does should deal with practical and
pi OPPRESSIVE matters as we'll as literary
historical and academic questions, bend
ing it's energies at all times to the task
of securing needed reforms and advance
ment in the laws and in the admanistra
| tion of Justice. We are members of the
| noblest profession that serves mankind,
next to the holy ministry. Let us mag
Nifty our profession. Let us show to the
people of North Carolina that as individ-
| uals and as an organization We have no
| ends to serve that are selfish. or I'M
| worthy that our constant desire is to
| establish ourselves in the confidence and
| good will of the people as a profession;
| that our sole purpose is to promote the
| objects declared by our constitution as
| the basis of our Association. Then will
we grow in numbers and influence and
| will become a power in the State, COM
Laet, vigorous, invincible, safely anchor
cd in the confidence and the respect of
our fellow citizens. To further the great
| r,icciOn of this Association wa mad 4bo