The San Francisco call., 1908-09-19
COURTS ASKED TO
EXPEDITE JUSTICE
Labor Council Urges Needed Re-
form in Treatment of Per-
sonal Damage Suits
Suggests in Letter That These
Actions Be Given Prece-
dence on Calendars

Following are copies of letters sent
by order, of the San Francisco labor
council to one of the chief justices of
the supreme court of the state and
the other to the presiding judge of the
superior court of this city, on the sub
ject of personal damage suits These
were prepared with the assistance of
Stephen Costello, who has on several
occasions aided the council along this
line:
September a. 1905
Hon. ". II. Beatty. Chief Justice Supreme
Court, State of California-Sir: The under
signed, committee from the San Francisco labor
council, the iron trades council and the state
federation of labor representing the organized
labor interests of the state of California respect
cial officer of this state, to the unfortunate de-
lays that ensue in connection with the decision
OF that class OF litigation known personal In
We realize that owing to the great volume of
litigation, certain amount of delay is insep-
arabic from the administration Of Justice but the
present system, which does not permit of final
award In personal injury suit, after prosecution
through all the courts, short of four or FIVE years.
amounts In this particular class of cases to an
almost absolute denial of Justice.
REQUESTED CERTAIN CHANGES
This committee has waited upon the members
of the superior bench of the city and county of
ments to the rules of the superior court and GER
tain reforms connected with the procedure in
personal injury suits, which the judges of that
court have shown every disposition to grant
We believe in the near future with certain
amendments TO their rules and certain further re-
forms III their method or procedure that 1t will
he possible in this class of cases to reach a final
disposition of the case In the court below In the
course OF few months. After this result has
hapu Olicha af wa
the delay that interyenes in the appellate courts
of this state
If the remedy can be applied by an amend
ment TO the procedure of the appellate courts we
believe that the sense of justice of the members
Of this tribunal will accomplish that end; or, if
Is necessary, we would like to be so advised.
DOES NOT CRITICISE COURTS
We desire to say that this request to your
honor is not intended in any sense criticism
or the courts but that this condition of affairs
exists and amounts TO denial OF Justice must
be regarded beyond doubt controversy and as
the representatives of that class of litigants
casting about for a remedy.
In many or thse personal injury cases the
claimants are disabled and incapacitated from
work, and as result of their injury must de-
pend upon the charity of friends or become in
mates of public institutions. In other their
from the fact that the bread winner has become
The subject matter of this communication
formed the basis of very able address by Hon
William b. Taft, republican nominee for presi-
dent OF the United States at meeting of the
Virginia state bar association on August g. 1905
In that speech the republican nominee called at
tention to the delays in the administration of
justice between individuals"
JUDGES ARE GOOD MEN
In the course of his remarks Judge Taft uses
the following language
''As between two wealthy corporations or two
wealthy individual lftigants, and where the sub
1ect matter of the litigation reaches tens and
nh0 of flAlI
system, while not perfect, is not so far from
proper results as to call for anxiety. The judges
age good men: Venality in our judges is very
One remedy, Judge Taft said must be reforms
IN our Judicial procedure, which is now too cum
bersome. Another would be more expedition on
the part OF judges In rendering their opinions.
Delay. he said. always worked to the detri-
ment of the poor and TO the benefit of the
wealthy litigant." As to appeals Judge Taft
concludes that the court of first instance and the
intermediate appellate courts should be for the
purpose of finally disposing in just and prompt
way OF contentious between litigants.
WOULD ARBITRATE MATTERS
Z Another method by which irritation at the
inequality in our administration of justice may
be reduced is by the introduction of system
for the settling Of damage suits brought by
employees against public service corporations
through official arbitration and without resort
to jury trials. Such system is working in
England, as / am informed. and was success
fully inaugurated In Massachusetts,
IleSe WOrOS, coming from such source,
entitled to weighty and grave consideration.
With feeling of entire respect for
appellate courts earnestly ask their CO
operation in remedytng this regrettable con-
dltion OF affairs.
1t would appear to be competent that this
particular class of cases should be given priority
on the calendar OF the appellate court, and
respectfully ask that it be DONE
If this procedure is impossible we would like
to be SO advised in order that we may invoke
legislative action or remedy by constitutional
amendment.
September IA, I9Os
Hon. George A. Sturtevant, Presiding Judge,
Superior Court, Grant Building. City-Sir: Some
time ago a committee from the San Francisco
labor council and the San Francisco iron trades
upon you and requested certain reforms in the
matter of procedure. with reference to the trial
of personal injury cases.
The committee presented three requests:
First-Abrogating the rule requiring plaintiff
to deposit jury fees when plaintiff does not
desire a jury trial
sufficient number Of departments of the superior
court to relieve the present congestion and that
they be regarded as urgent class of cases
entitled to precedence and priority in the mat
ter OF trial.
Third-Making certain amendments to the
rules with reference to extension of time
The first and third requests were granted
by the court and the rules amended accordingly.
The most important request, however. made
on behalf of our organizations has not been
granted by the superior court.
JUDGE BUCK TOO BUSY
number Of personal injury suits have been
assigned to Judge Bucks department but we
are informed that this measure is wholly in
adequate.
Another matter that we desire to direct to
your careful consideration is the custom of the
entire superior bench, consisting of twelve
judges. to adjourn for two months in each year,
during which time they will hear no contested
cases, except the class designated urgent
cases: although we cannot imagine any more
urgent class Of cases than personal injury suits,
In many Of which, as result of injury sus-
tanned the plaintiff has been permanently in
capacitated and his family reduced to a nat
ural condition of want, yet we are informed
that suits of this character have never been
regarded as coming under the designation of
urgent cases.
Gould we not respectfully suggest that three
or four departments of the superior courts be
set aside exclusively for the trial of personal
injury suits until the congestion is relieved, and
that such departments remain in session through
out the entire year!
These suggestions are submitted with all pos
sible respect to your honor as presiding judge of
the superior court this city and county. =
The question Of personal injury suits was
particularly referred to in this speech and the
condition of the administration of justice with
respect to this class of cases stated by the
speaker to be a reproach to our system Of juris-
prudence.
tion of this communication and would be graft
fed to receive an early response. Very re-
spectfully, j. w. SWEENEY,
President San Francisco Labor Council.
GEO W. BELL
er1rer California Stata Eedera firm