The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-10-08

disturbance of the peace and to keep
the dissatisfied from violent mani
festatfon against the government and
our present social system. We have,
however. abundant evidence that the
prosecution of criminals has not been
certai nand thorough to the point of
preventing popular protest. Lynching
in many parts of the country is d.
rectly traceable to the lack of uni
formity and thoroughness in the en-
forcement of our criminal laws. This
is a defect which must be remedied or
1T will ultimately destroy the re-
public. 1 do not however, this even
ing wish to dwell upon the defects in
the administration of our criminal
laws.
The Laws Delay.
What 1 wish to call your atten-
ton tonight is the delays and con-
sequent inequality in the administra-
ton of justice in controversies be-
tween private persons. All our in
situations are now being subjected to
close scrutiny with a view to proving
that some of them should be radically
! changed. The chief attack is on the
institution of private property, and is
based upon the inequalities in the dis
tribution of wealth and of human
happiness made apparent in our sys-
| tenn. 1 believe that the interests of
| private property next to that of per-
sonal liberty has had much to do
with the uplifting and with the
physical and moral improvement of
| the whole human race, but that is not
| inconsistent with the rights of private
property to impose limitations upon
its use for unlawful purposes and that
| this is the reform needed rather than
the abolition of the institution itself
| An evil which is likely to grow in
! Importance is the inequality between
| the poor and the rich growing out OF
| the delays in the administration OF
| justice between individuals. AS be-
| tween wealthy litigants where each
party is able to pay the expenses OF
| litigation and to undergo for the time
| the loss of interest on the capital in
| volved, our present system, while moi
| perfect, does not call for anxiety. The
! judges of the country. both state and
national. are good men. The venality
/ in our judges is rare, and while the
ing may not always be as high as W,
| should like to see 1t, the provision.
for review are such as general,
give Just final judgments.
"A defect of our system is seen IL
the unequal burdens which the delay
and expenses of litigation impose OIL
the poor litigant. The reform mus
be reached through the improvement
| in our judicial procedure. Our code
are generally too elaborate. 1t is pos
|
1t has been attained in the Englisl
courts by leaving the form of pro
cedure to be determined by rules o
court.
"a study of the English system
which consists of a few general prin
ciples laid down in a practice act
supplemented by rules of court, ha
worked with great benefit to the liti
CANT and has given much more ex
petition. I believe a similar system
could be adopted in this country witt
great benefit Another reason for de
lay in the lower courts is the DISPOSE
ton of judges to write long opinions
1t is almost of as much importanc
that the court of first instances Shout
decide promptly as that it should de
eide right. If judges had to do s
they would become much more at
tentive to argument during its pre-
sentation and much more likely o.
the whole to decide right when tn
levidence and argument were fresh il