The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-04-04

law in America was pointed out by the
speaker as the principle, applied by
American courts, that "where error is
found prejudice will be presumed. S.
The primary object of courts is to
settle the controversies Of men and not
to keep them in everlasting agitation, :
declared Judge Amidon. In American
of, and by the exaltation of error our
courts are often made to resemble a
fight instead of an investigation of the
truth. This principle has brought in
efficiency in legal administration, a
pestilence of new trial and such drain
Of disregard for law among high and
low, rich and poor, as has seldom been
Keen for Error.
THE effect Of this exaltation of err
ror is to put every lawyer upon a
quest for error, SO the average Amerl-
can lawyer of today has two objects
in the trial of case: First, to get a
victory if he can; second, under no cir
cumstances to fail to get error in the
record.
It's effect upon the Judge is to be-
wilder his mind, which should be cen
tered upon the substantial merits Of
the cause, by any number of errors that
are or are attempted to be introduced
into the record.
The speaker contrasted the Ameri-
can with the English system and showed
the immense advantage of the system
OF legal administration in vogue in the
mother country. He stated that in
America in 1887 new trials were grant
ed In 40 per cent of all the cases that
were reviewed by appellate courts,
While IN England new trials were grant
ed in but 31a per cent.
Better in England.
He explained the difference by show
| ing that in England they have no bills
OF exceptions, and the appellate courts
| look to the merits Of the cause and
not to errors in pleading or practice.
I'm English courts it is not asked, Is
there error in the proceedings of the
tria! judge?' but, is the Judgment
Just! 1t 1t Is just, then it is let alone.
In America the appeal is taken from
the realm of reality and fact into the
thin air of presumption and meta
physics.'
AS a remedy for "this confessedly
serious fault of American law Judge
Amldon urged that a statute should be
enacted making ''only substantial err
ror ground for reversal, and establish
ing the rule that when man has been
tried and convicted by jury, that the
Judgment shall not be set aside on er
rors of practice, and only on errors that
60 to the very heart and substance OF
| the cause.'
r. G. Brown Elected President.
Yesterdays meeting of the Mime,
sofa State Bar association was one of
the most successful and the best-at-
tended ever held. Following the adj
dress Of the day by Judge Amidon,
Z. 9: Wilson of Rochester was intro.
! duced as an exponent of English legal
customs and he appeared in the counsel
lor.s wig and gown and gave an inter
esting talk upon the customs and habits
of the barristers of, England.
The reports of committees were unin-
teresting except the news that there
was surplus in the association treas
ury, and the report of Rome G. Brown,
who was chairman of the committee
that succeeded in inducing the Ameri-
cal Bar association to hold it's next
meeting in the twin cities next August,
! Mr.. Brown stated that he had been able
to offer the executive committee of the
national association such inducements
as the capitol for meeting place, and
railway, streetcar and automobile ex-
cursions, and that they accepted the
twin city offer readily The banquet
will be held in the MINNEAPOLIS Audito
rum.
Rome G. Brown of the Mifneapoli.
firm of Brown & Albert was unanimous