The San Francisco call., 1908-08-07
.TAFT'S PLEASING
SPEECH in VIRGINIA
Continued from Page /, Column 8

for reform rather than the abolition of
the institution itself. But this scrutiny
of our institutions, this increasing dis
position to try experiments, to see
whether there is not some method by
which human happiness may be more
equally distributed than it is, ought
to make those of us who really believe
in our institutions as essential to fur
ther progress anxious to remove real
and Just grounds for criticism in our
present system. l venture to think
that one evil which has not attracted
the attention of the community at
large, but which Is likely to grow in
Importance as the inequality between
the poor and the rich in our civilization
is studied, is the delays in the admin
istration of justice between individ-
uals. AS between two wealthy corpor-
ations or two wealthy individual iti-
gants, and where the subject matter
of the litigation reaches tens and hum
dreds of thousands of dollars, our
present system, while not perfect, is
not so far from proper results as to
call for anxiety. The judges of the
country, both state and national are
average good men. Venality in our
judges is very rare.
INEQUALITY WILL GIVE TROUBLE
.The inequality that exists in our
present administration of justice, and
that sooner or later is certain to rise
and trouble US and to call for popular
condemnation and reform, is in the un-
equal burden which the delays and ex-
pense of litigation under our system
imposes on the poor litigant.
One remedy, Taft said, must be re-
form in our judicial procedure, which
| is now too cumbersome. Another
would be more expedition on the part
| of judges in rendering their opinions.
Delay" he said, always worked to the
detriment of the poor and the benefit
of the wealthy litigant" As to appeals.
Taft gives that question the court of
first instance and the intermediate ap
| pe1late courts should be for the pur-
pose of finally disposing in a just and
prompt way of contentious between
litigants. The appellant jurisdiction of
| the court of last resort should be linn
| tied to those cases which are typical
and which give in it's judgment an op-
portunity to cover the whole field of
the law.
REDUCE COURT FEES
81 believe that a great reform might
| be effected, certainly in the federal
courts, and 1 think, too, in the state
courts, by a mandatory reduction of
the court costs and fees. The salaries
of the court officers should be fixed
and should be paid out of the treasury
of the county, state or national govern
ment as the case may be, and fees
should be reduced to as low figure as
| possible.
II think another step in the direc-
tion of the dispatch of litigation
would be the requirement of higher
qualifications for those judges who sit
on the cases involving a small pc
cuniary amount.
TO SETTLE DAMAGE SUITS
another method by which irritation
| at the inequality in our administration
of Justice may be reduced is by the
introduction of a system for the set
Ting of damage suits brought by en-
ployes against public service corpora
tions through official arbitration and
without resort to jury trials. Such
system is working in England, as am
! informed, and was successfully in
augurated in Massachusetts. No one
can have sat on the federal bench as I
did for eight and nine years and not
realize how defective the administra-
tion of Justice in these cases must
have seemed to the defeated plaintiff,
whether he was the 1egless or armless
employe himself or his personal repre-
sentative"
As to the jury system Taft said:
I'VE cannot, of course dispense with
the Jury system. 1t is that which
|
istration of justice, but every means by
which in civil cases litigants may be
induced voluntarily to avoid the ex-
pense, delay and burden of jury trials
ought to be encouraged because in this
| way the general administration of jus
tice can be greatly facilitated and the
expense incident to delay in litigation
can be greatly reduced"
Taft closed with a tribute to the
legal profession and cautioned that
| conservatism ought not to be allowed
to prevent reforms which are in the
interest of equalizing the administra-
ton Of justice as far as possible be-
tween the poor and the rich.
| At the bar association banquet, in re-
! spending to the toast .The president
of the United States" Mr.. Taft said
that 1t might be appropriate for him
to respond TO that toast
Not because of any relation I bear
to that Office" he said, but because
] was summoned to the White house
when the invitation was extended and
directed Qaughter) to come here to do
what 1 could, if need be use the big
stick" to uphold the administration.
| (Laughter.)
| Joking aside, Mr.. Taft called atten-
tion to the difficulty of discussing the
| office Of the president without trespass-
| ing on some issue in the present cam