New-York tribune., 1908-08-17
TO STOP LAWS DELAYS
VIEW OF COMMITTEE.
Recommendations To Be Made to
american Bar association.

Courts of appeal will no longer decide either civil
criminal litigation brought before them on purely
technical points. but will base their ruling on the
merits of the cases, If the recommendations formu-
lated by special committee of the American Bar
Association shall become law.
The committee was appointed by the association
at its last annual meeting to suggest remedies and
draft proposed laws to prevent delay and unneces-
cost in litigation. Its report will be presented
at the next annual meeting to be held in Seattle
from August % TO rs.
This report suggests many changes in the prac-
tce in the federal courts for the of expe-
diting the trial of cases, preventing the reversal OF
judgments technical grounds. enabling appellate
courts to render final judgments on the merits In
stead of ordering trials and preventing ap-
peals for delay in criminal cases
1t opens with a statement that the existing evil
which seems most serious to the committee is the
disposition in many jurisdictions to dispose of ap-
peals writs of error. both in civil and criminal
cases, upon technical grounds. not to decide
them upon the merits. In the judgment of the
committee, the rule for deciding appeals and writs
of error should not be based on reversible error
committed in the court below. upon the merits
as the case appears upon the record
In other words says the committee, we
would restore the practice upon the hearing in all
appellate courts which originally prevailed at COM
mon law, writs of error, which existed
appeals IN the Roman civil law and has been
tanned by courts of equity and admiralty.
adopted code procedure the rules which have pre-
vailed in the Court Of Chancery relating to the
hearing of appeals have been abandoned. The
practice which had grown up in courts of law OF
considering solely whether error had been COM
mtted has been applied to appeals in equity cases
In judgment, the original equity practice
this subject far conducive to the interest
of Justice
Continuing. the report calls attention to the
fact that the tendency of the courts in common
law is to construe adherence TO strict legal
rules as the right of each party and to reverse II
there has been any infraction OF these rules
This makes the trial of a game" de-
clares the committee lin which the one wins who
plays the most skfully, the merits of the contro-
versy having part
The unrestricted right to a writ of in
criminal cases is characterized by the committee
as a fragrant abuse in judicial procedure.
These writs, the committee adds. ARE con-
stantly sued out solely for delay. The punish
ment of notorious criminals thus is constantly
being postponed, in violation of every principle of
justice. This is especially fragrant in the suing
out of writs of from the Supreme Court Of
the United States TO review the decision of the
highest courts of criminal jurisdiction in the
eraI states We recommend that no writ Of err
ror returnabIe in criminal cases to the Supreme
Court of the United States should be allowed un-
less a justice Of that court shall certify that
there is probable cause to believe that the de-
fendant was unjustly convicted
Il
an interest in the punishment Of criminals. All
authorities on crinnology agree that the certainty
of punishment is far important in the pre-
vention of crime than its severity The present
system tends to make the punishment of crime
uncertain as human laws make it,
In support Of this recommendation the commit
tee quoted address of Andrew D. White, in which
he stated that while murders increasing rap
idly, yet the procedure against them was becoming
and ineffective and in the light OF re-
cent cases in New York and elsewhere to
on mere technical matters upon errors of trial
judges in trifng matters of procedure and the like
which have nothing to do with the question OF
guilt innocence.
The committee declares that the reforms in
civil procedure which it recommends not the
oretcaI, but have been tried and adopted in Eng
land TO the satisfaction OF the bar and the bene
fit of litigants. These reforms in England had
resulted in far more expeditions procedure They
woud be equally beneficial here.
so far reform in criminal procedure is con-
cerned," says the report, the grievance of which
we complain has never existed in England but the
statutory provisions there similar to those
recommended by u.s.
The committee will submit the draft OF act
TO amend in the particulars concerned the judi
cial procedure of courts Of the United States As
to reform in practice in the state courts the COM
nittee has no recommendation to make. believing
that better results can 4e obtained by action OF
the local bar associations.