The Detroit times., 1908-08-07
TAT rs APPEAL FOR
EQUALITY IN OUR
COURTS
AIM SHOULD BE TOWARD MORE
DISPATCH AND cHEAPENiNG
LAW SUITS FOR POOR MAN
FIGHTING CORPORATIONS.

HOT SPRINGS, Va. Aug. 6.-Wm.
IA. Taft delivered an address this
morning before the Virginia Bar asso-
citation on what he regards the most
important question before the people,
The Improvement OF the administra-
ton OF justice" In the matter OF It's
prompt dispatch and the cheapening
Of its use" for the poor man Mr..
Taft made several important recon-
mendations which, when put into ef-
feet. would go FAR towards restoring
popular confidence In the courts and
putting the rich and poor man on
more equitable legal footing-
NE would have the codes Of proceed
ure simplihed tie would have the
great body of litigation settled IN the
courts OF the frst instance and IN the
intermediate appellate courts, limit
ing appeals to the supreme court or
the United States To typical cases
which are ~ide in their application.
such for instance as cases Involving
the construction OF the United States
statutes OF the states. He would have
a mandatory reduction OF court costs
and fees. and higher qualifications for
judges who sit 10 hear cases inyolv'
ing small pecuniary amounts.
Mr. Taft suggests the enactment OF
federal law providing for official
arbitration for settling awards 10 en-
ployees in damage cases arising In
the carrying on OF interstate COM
merce
Mr.. Taft says In part:
While we may properly felicitate
ourselves IN the widened function OF
our courts, enabling us TO avoid less
peaceable methods OF settling import
ant politico-legal questions, have We
the right to say that our present adj
ministration OF justice generally In
sures continued popular satisfaction
with it's results? | think not.
1T may be true that, down to the
present time. IL has supplied q means
OF settling controversies between In
dividuals. and OF bringing TO punish
ment those who offend against the
criminal laws, sufficiently TO present
a general disturbance OF the peace.
There are, however, abundant evil
dences that the prosecution OF GRIM
inals has not been certain and thor
ough TO the point OF preventing popu-
lar protest. The existence Of lynch
ing N all parts OF the country is di-
rectly traceable to this lack OF uni
formity.
II shall not delay you, however. with
a discussion as TO the reform which
ought TO be adopted In this branch
OF our Jurisprudence. wish to con-
fine myself TO the delays and ineQualt
ties In the administration or justice In
controversies between private persons.
including, OF course. corporations.
The present is time when all our
institutions are being subjected 10
close scrutiny.
The chief attack is on the institu-
ton OF private property and Is based
upon the inequalities N the distribu'
ton of wealth. believe that the In
stitution OF private property. next TO
that OF personal liberty. has had most
TO do with the uplifting and physical
and moral Improvement OF the whole
human race.
But this scrutiny OF our institutions.
this increasing disposition TO try ex-
periments to see whether there Is not
some method by which human happi'
ness may be more equally attributed
than IL is, ought to make those OF US
who really believe in our institutions,
as essential to further progress, anxi'
Gus TO remove real and just grounds
for criticism in our present system.
Il venture TO think that the 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 Ia studied. Is In
the delays In the administration OF
Justice between individuals as be-
tween two wealthy corporations. or
two wealthy individual litigants. and
where the subject matter OF the litiga-
ton reaches 10 tens and hundreds OF
thousands OF dollars. where each party
litigant Is able to pay the expenses
OF litigation and large fees 10 counsel,
THE judges OF the country, both
state and national are on an average
good men. Venality In our judges Is
very rare.
"The inequality that exists In our pres
ent administration OF justice and that
sooner or later is certain TO rise to
trouble us, and 10 call for popular con-
demnation and reform, IL In the un-
equal burden which the delays and
expense of litigation under our system
imposes on the poor litigant. Boards OF
arbitration offer no relief 10 the It'll
CANT OF little means who finds him
self engaged in controversy with
wealthy opponent. whether individual
or corporation.
The reform, II II 10 TO come. must
be reached through the improvement
in our judicial procedure. In the Arst
place, the codes OF procedure are gen
rally much too elaborate. II Is posi-
BILE to have code OF procedure sim
pie and effective This 10 shown by
the present procedure in the Eng
fish courts, most OF which Ia framed
by rules OF court"