Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-06
PREVENT LAWS DELAY SYMPATHY FOR COUNT
Judqe Taft Addresses the Vr- Zeppelin Encouraged Will
ginia Bar Association. Build improved Arshp
FAULTS IN THE SYSTEM FUNDS TO BE FURNISHED
Popular Dscon Government Sends Aid and Public
tent Subscrbes Freely.
HANDICAP LITIGANTS SOME COMMENTS BY EXPERTS
ertv for Purpo o
by Jury demns Rigid Balloon Type.
Judge Taft Addresses the Vir-
ginia Bar Association.
FAULTS IN THE SYSTEM
Some Causes of Popular Discon-
tent.
HANDICAP OF POOR LITIGANTS
Limitation on Use of Private Prop
erty for Unlawful Purposes.
Trial by Jury Defended.

HOT SPRINGS. Va, August 6.-Judge
W. H. Taft addressed the Virginia Bar
Association today at length on the ad-
ministration of justice. Judge Taft in
troduced his subject by saying that the
end sought in the administration of justice
was to promote tranquility and content
ment among the people. 1t had. he said,
long been established that the Supreme
Court of the United States was the ulti-
mate arbiter of the great political and
legal issues. deciding upon the limitations
Of both the legislative and executive
branches Of government, which had car
ried the usefulness of the courts beyond
anything attempted in other countries.
Notwithstanding this desirable situation
Judge Taft expressed a doubt that our
present administration Of justice insured
general popular satisfaction with its re-
suits.
Popular Protest.
There are" he said, abundant evil
dences that the prosecution of criminals
has not been certain and thorough to the
point of preventing popular protest. The
existence of ynching in all parts of the
country is directly traceable to this lack
Of uniformity and thoroughness in the en-
forcement OF our criminal laws
The present is a time when all our in
stitutions are being subjected to close
scrutiny. with a view to the determine
ton whether We have not now tried the
institutions upon which modern society
rests to the point of proving that some
| OF them should be radically changed The
chief attack Is on the institution of pri-
vate property and is based upon the in
nnl III,
and of human happiness that are ap-
parent in our present system.
| Il believe that the institution of pri-
vate property next to that OF personal lib
and physical and moral Improvement OF
| the whole human race. but that II is not
| inconsistent with the rights OF private
property to impose limitations upon its
is the remedy for reform rather than the
| abolition Of the institution itself But this
scrutiny of our institutions, this fncreas-
| Ing disposition 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 further
| progress anxious to remove real and just
grounds for criticism In our present sys-
tenn.
Delay in Administration.
Il 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 civ
ilization is studied, is in the delays in the
administration of justice between indiyid-
uals. AS between two wealthy corpora
tions or two wealthy individual litigants,
| and where the subject-matter of the liti-
CATION reaches to tens and hundreds 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 ma
tional. are average good men. Venality in
| our judges Is very rare. The inequality
! that exists In our present administration
OF justice. and that sooner or later is GER
| tain to rise and trouble US and 10 call for
| popular condemnation and reform. is in
| the unequal burden which the delays and
expense of litigation under our system
impose on the poor litigant'
Procedure Too Cumbersome.
One remedy. Judge Taft said. must be
reform 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 liti-
CANT. AS to appeals. Judge Taft believed
| that 'the court Of first instance and the
intermediate appellate court should be for
the purpose of finally disposing in just
and prompt way of contentious between
litigants. The appellant jurisdiction OF
the court of last resort should be limited
| to those cases which are typical and
which give to it. in its judgment. an op-
portunity to cover the whole field Of the
law.
| Il believe that a great reform might be
effected. certainly in the federal courts,
and think too in the state courts by a
mandatory reduction of the court costs
and fees The salaries of the court Of
| flcials should be fixed and should be paid
| out of the treasury of the county, state
or national government, as the case may
| be. and fees should be reduced to as low
| a figure as possible. l think another step
In the direction of the dispatch of liti-
cation would be the requirement of higher
qualifications for those judges who sit in
| the cases involving small pecuniary
amount. Another method by which their
irritation AT the inequalities In our ad-
minist ration of justice may be reduced
is by the Introduction of a system for the
| settling of damage suits brought by en-
ployes against public service corporations
| through arbitration and without resort to
jury trials. Such system Is working in
| England, as / am informed. and has been
successfully inaugurated In Massachu-
| setts.
NO one can have sat upon the federal
| bench as did for eight or nine years and
not realize how defective the administra-
| ton of justice In the case must have
seemed to the defeated plaintiff. whether
| he was the legless or armless employe
himself or his personal representative
The Jury System.
AS to the jury system. Mr.. Taft said:
I'VE cannot. OF course. dispense with
the jury system. 1t is that which makes
the people part of the administration of
justice. but every means by which in
civil cases litigants may be induced VOL
unfairly to avoid the expense. delay and
burden of jury trials ought to be en-
couraged because in this way the general
administration of justice can be greatly
facilitated and the expense incident to
delay in litigation can be greatly re-
duced.'
Judge Taft closed with a tribute to the
| legal profession and cautioned that con-
servat.sm ought not to be allowed to pre-
| vent reforms which are in the interest of
equalizing the administration OF justice as
4 fov hath he nd ~