New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-03
THE LAWS DELAYS.

The testimony and opinions which judges,
members Of the bar and others are presenting
TO the State commission on the laws delays are
interesting, as they ought TO be, inasmuch as
they relate to a subject which is Of vital con-
Germ TO the public. 1t has often been discussed,
and in the aggregate a vast mass Of information
and suggestion has been accumulated, of which,
II must be said little practical use has ever been
made. at least under the jurisdiction of this
State. The evils which il is the object Of such
inquiries 10 cure are universally admitted. No
body disputes the ancient dictum that a delay
of justice is q denial of justice. The conse-
quent loss 10 the community or the individual
may be small, but it is often great and some
times ruinOus The weakest usually suffer most,
and one effect of their experiences is to produce
n lamentable impression that the law discrimi-
mates against them. Thus confidence in the
very basis Of society is weakened
The remedies proposed during many years Of
discussion have differed widely. Some persons
are fond Of laying the fault on the jury system,
but there is no indication that the life Of that ven
cradle Institution is near end The critics have
no substitute ready and it is doubtful If they
VIII ever find one A few years ago Mr.. Joseph
II. Choate, in an address before the American
Bar Association on the jury system, declared it
10 be one OF the best of all human instruments.
There Is nothing" he said, in the whole realm
of litigation so short, sharp and decisive as the
ordinary jury trial" He charged the DELAYS.
which he deplored, 10 vicious legal machinery"
and In particular 10 codes of procedure which
have usurped the place of a simple practice reg
ulated by rules OF court. He alluded to 1.-THE
countless preliminary motions, each litiga-
zion in itself" and mentioned with speciaI dis
respect the Aew-YOrk code, "a monster Of 3 GOO
sections" (which could be and ought m ba cu+
up by the roots" Mr. Choate spoke from long
experience, but doubtless there are MANY mem.
hers Of the bench and bar who do not share his
hostility TO the code. We notice however. that
Justice Ingraham, in his remarks TO the conn.,
mission yesterday expressed the opinion that
fl is largely responsible for the DELAYS upder
consideration, and said that he would be glsd
10 see it replaced by a general practice act
Justice Ingraham went on 10 say that he WIS
formerly opposed 10 the jury system but had
come 20 the conclusion that It was the hest
method of trying ordinary cases. He made
however, the interesting suggestion that three
fourths Of jury should be allowed, BIZ way OF
experiment at least. 10 decide a case provided
the 5udge approved their verdict To that il
VIII be objected, with consderab bic reason. that
under such an arrangement he would be the
Judge OF the facts as well as the law, in many
cases and the system would be subverted
rather ;han modified. A reasonable proposal
Of another character relating to the general sub
yect which we have not heard ia the course OF
the present discussion is that we should Dor
row from France the device Of adding one or
fTo extra men 10 q jury. who should be COM
petent 10 join In finding verdict in case Of
Sickness or other disability among the original
twelve That is plan 10 which we see no OBJ
lection for avoiding costly and mlschievous de-
lays under circumstances which not infreouent-
~ arise.
We have been glad 10 observe that at the
N>-S-in=s now going on several important wit