The Providence news. (Providence [R.I.]) 1891-1906, 1905-08-26
NEED OF
REFORMS IN
OUR COURTS

! The three days session OF the 18th an
nual convention Of the American Bar
association. which has been held at the
! Hotel Mathewson, Narragsnsett Pier,
closed last evening with an elaborate
banquet in the hotel ballroom. at which
! fully 300 people were present and fes-
| tivties did not terminate until nearly
! o'clock.
At the official table were seated Presi-
! dent Henry St George Tucker. Mr.. JUS
/ tice Brown au' Mr.. Justice White. both
OF the United States supreme court;
| George r. Peck OF Chicago, who was
! elected yesterday president OF the associa-
tion for the year 1906, Lieut.. Gov. Jack
son OF this state. Presiding Justice Will
| liam H. Sweetland OF the superior court
OF Rhode Island Alfred Heminway OF
! Boston. Moorheld Storey OF Boston. Judge
Samuel c. Thompson of Philadelphia. Col.
Daniel r Ballou OF Providence, James
Haggerman OF Philadelphia, former presi-
dent OF the association. Thomas J. Nor
ris Of Baltimore Francis Rawle OF Phila-
delphia, ex-Gov. William Sprague OF
Rhode Island. Robert Smith OF Montreal
and John Hinckley OF Baltimore. secre-
tary OF the association.
Among the Providence lawyers present,
in addition to those at the speakers
table. were Charles f. German. Amasa
NJ Eaton. John w Hogan. Albert A.
Baker. lsolice Judge Lyman, Seeber Ed
wards, Mayor James II Higgins OF Paw
tucket and Harry c. Curtis.
President Tucker opened the post
prandial exercises by proposing a toast
TO the President OF the United States.
thusiasm
Mr.. Justice Brown OF the United states
superior court was introduced and spoke
upon the jury system, saying in part:
II have no attack 10 make on the jury
system. as In criminal trials IL seems 10
offer the only feasible method OF dis
posing OF the cases. | do not believe,
however. that every man in the pickup
on the street is better qualified 20 decide
than II learned men on jury. II de-
pends upon the intelligence OF the sur
roundngs. If the population OF the baili-
wick is law abiding its juries will show
IT, But II Il Is one where human life is
held cheap the verdict OF the jury will
represent every phase OF the locality. |
appreciate that far greater unpopularity
would result from the substitution OF
board OF Judges In place of a jury, as
has been suggested. In damage cases
think the jury Is the best method 10 en-
ploy to arrive at an equitable adjustment
of the case.
Il decline. wnlle | nave no lault to lliNl
| with the fury system, TO bow down and
| Worship II as a fetish. | think that we
| are wise I'm our own generation and should
| re-examine the question thoroughly TO see
| IL we can do away with II. My opinion,
| however. Is that the time has not yet
| come when we can abolish II In civil
| cases and can never come when IL can be
/ abolished I'm criminal cases
| "A long step has been taken in advance
| In this connection and others In the
| abolition OF the grand jury in some dis
| tricts. grand Jury for the ordinary run
ming criminal cases is as useless as the
| fifth wheel OF n coach. With the great
| body OF American law l have no criticism
/ 10 make II is founded on exact justice. IL
| II needs pruning occasionally In different
districts. that is matter for the legisla-
| lures alone.
| with regard TO the administration OF
Justice particularly I'm civil cases. | have
| n great deal OF criticism TO make This
country Is badly behind conservative old
| England In its disposition OF cases. The
| delays that vex the soul are those that
| take place after the case has been called
for trial The impanelling OF the Jury. the
work OF an hour. is often dragged over
days weeks and months, and not always
for the purpose OF obtaining an intelligent
jury
IAN abuse which no court should toler-
ate. counsel should he prohibited from sit
ting AT table during the examination OF
witnesses I once made a ruling that
counsel in my court should stand and
found that the costs were shortened very
materially.
Another evil which has grown from
legislation Is the tying OF the hands Of
Judges I'm their charges to the jury. Their
verdicts. instead OF being the finality of
litigation. are. during the present condi
tlon only the beginning OF It. every
scheme being adopted for delay In the
case In the way the time OF the court Is
taken up trials which should occupy only
n short time are dragged out for weeks I
look forward 10 some remedies for these
evils
But do not expect them until the
Reformation. and I think the time has
now come when some man must arise IN
the country and show the injury from
practices in our courts. that litigants may
be able 70 obtain impartial and speedy
judgment
Lieut. Gov Jackson responded 10 tho
toast. THE state Of Rhode Island" and
Col Daniel r. Ballou for the Bar OF
Rhode Island Robert T Smith. Kings
Council for the city OF Montreal. spoke In /
q pleasing vein or the ideals OF the law /
vcrs, and Mr. Justice white Of the United !
States supreme court spoke briefly OF the /
duties of tho Judge md those Of the /
American lawyer
Henry Easterbrook toasted "Thc Girls |
We Left Behind Us" and Frederick w /
Lehman. who responded 20 the /
toast Contingent Remainder told the |
story of why Roger Williams came 20 /
Rhode Island
| ANOTHER DELIGHTFUL SUNDAY Ex. /
cURsloN ON AUGUST a7TH.