The Birmingham age-herald., 1907-03-05
JUDGE LANE MAKES
 A P|THY ADDRESS
Asks Cooperation of Attorneys
 in HerCuIean Task
500 CASES ON THE DOCKET
Points Out Causes of Delay Which Piles Up Expenses and Advocates Business Methods-More
 Room Must Be Had.

Promptly at 10 o'clock yesterday morn ing Judge A. o. Lane took his seat on the bench in the circuit court. A large number of attorneys was present in court to greet the new judge and congratulate him on his appointment,
 In accordance with a statement made on Saturday, Judge Lane made an ad- dress from the bench to which all pres ent listened with attention and interest. He said:
 Judge Lanes Address.
 Gentlemen of the Bar.
 The docket in this court had become so much congested that the people de- manded, with almost one voice, an in- crease of the judiciary to relieve the intolerable situation. The law making powers have responded to that demand, and all just causes of complaint ought to be removed within a few months. You must fully realize that the task is herculean, and that every facility should be utilized for it's accomplish ment. The efforts of the judges should not, by any means be the sole factors In securing to lltigants early tirals of their causes. The lawyers themselves can. if they will, be useful instruments to this end By their conduct of the cases they should hold up the hands of the judges, and not, by any acts of of theirs put manacles upon them. It has always been source of pride to me that lawyers, rule, stand for law and order and justice, and whenever a proper appeal to them is made they are usually ready to respond to duty and to lend helping hand in fnrtheranee of the public veal. So, with full conti- dence in q cordial and patriotic response, I invoke your assistance in the efforts of the judges of this court to remove the incubus of an overcrowded docket The clerk informs me that there are more than 50D cases on the circuit court docket. This condition Is insupportable: it entails enormous expense to litigants, to say nothing of the weary waiting that mak eth the heart sick.
 Now, how can you help the court alongP I will enumerate a few of the ways and means, and others will naturally suggest themselves.
 Delay Means Expense.
 When your cases are called. have them so well in hand that if you represent the plaintiff, be prepared to dismiss, or try. or continue; if you represent the de- fendant be ready to submit to a iudg ment or try or continue; and neither side should seek to continue except upon a good excuse, and for a just and sub stantial reason. Remember that delays, in the main, accomplish little good, and entail much expense, which must event ually fall heavily upon one or the other party to a suit
 Generally, when a case is drawn, the lawyer has his pleadngs drawn, and it is rare that he cannot do so; now, it would greatly facilitate the progress of the cause if these should be submitted in advance to opposing counsel, instead of waiting till they come up in order, and compel the court to sit idly by and wait for replies to be drawn up in court,
 How Time Is Wasted.
 often in protracted cases we see attor- neys come into court with thirty or forty written charges. and hold them in their pockets until the court has given the oral charge to the jury, and then dump them on the judge in a mass, thereby necess- tating a long wait until these charges can be conned over, whereas. if handed to the judge in time. he could pass on them during the arguments to the jury. The judge could thus save time to the state. county and litgants and avoid haste at this crucial point in the case. or course, some of the charges must be prepared after the oral charge.
 Lawyers are frequently advised long in advance of the calling of their cases that certain witnesses will not be present. Why not have the showings ready, in- stead of subiecting the trial to need less and expensive delays by forcing the court to wait until the showings can be written out in court? It Is not uncommon to see attorneys delay a case on trial and force 1t to drag it's slow length along, not in furtherance of jus tice in that particular, but 10 avoid try ing a case that is to follow. This is so far from being right that 1t is positive wrong which whenever known, should in- cur the severe displeasure of the court.
 Amending Headings.
 While l. Is true that many complicated and difficult questions arise in the pro- gross of trial and elaborate argument is necessary to eucdate them. yet, on the other hand. many points are made that d judge Of average intelligence can pass on without enlightenment; and here extended argument Is needless con. sumption of time. We sometimes see a case on trial for day or two when some slight amendment of complaint or plea becomes necessary to meet an unex- pected phase of the testimony; opposing counsel pleads surprise and claims u continuance a mistrial is ordered, and all the time thus far consumed is abso- lutely lost. Usually the alleged surprise is more imaginary than real, and there is neither rhyme nor reason in continuing the case and incurrng heavy additional costs of another trial, which one of the parties will ultimately have to pay.
 Small Savings Count.
 might go on and enumenatea other but they ill suggest themselves to any but they will suggest themselves to any thoughtful practitioner who will recog- nize ill them evils that should be checked and suppressed. 1 have been in the rough and tumble of active court practice too long not to realize that hard and fast rules cannot be adopted and adhered to, and that courts must be guided by eX- gencies as they arise from time to time; but an earnest effort to economize time and to expedite trials will eventuate in the best results. These savings may be small, but let 1t not be forgotten that the small things of this world make up the big ones, and that in the course of year, the general result will show marked improvement
 On Business Lines.
 It has always seemed a starnge thing to me that many intelligent and practical men fail to recognize in q court a busi- ness institution of the first importance. They seem to dlfferentiate 1t from all other business concerns, and act upon the idea that it should not be governed by any business principles at all. For my part, l shall not feel any more au- thorlzed to waste the time of the court than a cashier would to close the doors of the bank or an engineer to keep at standstill the wheels of his engine. am not unmindful of the difficulties to be