Omaha daily bee., 1908-08-07
Promptness in Rendering Decisions
Would Aid Poorer EtigantS.
JUSTICE IS TOO EXPENSIVE
Cost of Obtaining Redress often
Greater Than Amount at Issue.
LIMITING USE OF PROPERTY
Restrictions that win Keep q from
Being Devoted TO UnIawfuI Pur-
poses IL One Reform that
II Needed.

HOT SPRINGS, Va, Aug. 6.-Following
! technical analysis OF federal procedure by
Judge Henry G. Mcdowell Of Lynehburg.
william II. TAFT today addressed the Vir-
ginia Bar association. giving in detail his
views on the delay in the administration OF
the law and suggestions for reformers.
Judge Taft presented his subject by stat
| ing that the end sought in the admins
tration OF justice was to promote tran
| quillity and contentment among the peo.
| pie. 1t had, he said, long been established
that the supreme court Of the United States
was the ultimate arbiter Of the great po-
\ ltical and legal issues. deciding upon the
| limitation OF both the legislation and exec
utive branches OF the government. which
had carried the usefulness Of the courts
beyond anything attempted IN other eoun-
tries. Notwithstanding this desirable stua-
! tion, Mr. Taft expressed a doubt that our
! present administration OF justice insured
general popular satisfaction with its re-
/ suits.
There are" he said. abundant evidences
/ that the prosecution Of criminals have not
been certain and thorough TO the point OF
preventing popular protest. The existence
Of lynching in all parts Of the country Is
directly trsceable to this lack Of uniformity
and thoroughness in the enforcement of
our criminal laws"
should Limit Use OF Property.
The present is a time when all our in
stitutions are being subjected TO close
scrutiny with a view 20 the determination
whether we have not now ..sel the insti-
tutions upon which modern society rests
to the point Of proving that some Of them
should be radically changed. The chief at
| tack Is on the institution OF private prop
| erty and is based upon the inequalities in
the distribution of wealth and Of human
happiness that are apparent in our pres
ent system. I believe that the institution
Of private property, next 10 that OF per-
i sonal liberty has had most to DO with the
uplifting and physical and moral improve
ment Of the whole human race. but that
is not inconsistent with the rights Of private
property 10 impose limitations upon its
uses for unlawful purposes and that this
is the remedy fer reform rather than the
abolition Of the institution itself Bu, this
I scrutiny OF our institutions this increns-
ing disposition TO try experiments 70 see
whether there is not some method by which
human happiness may be more equally dis
tributed than 1t Is, ought to make those
Of who really believe in our institutions
as essential to further progress anxious to
remove real and just grounds for criticism
in our present system. 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 rich
in our civilization is studied, Is the delays
in the administration of Justice between
individuals. As between two wealthy cor
poratons or two wealthy individual liti-
gants and where the subject matter Of the
litigation reaches 20 tens and hundreds OF
thousands Of dollars, our present system
while not perfect IS not far from proper
results as to call for anxiety The judges
OF the country, both state and national. are
average good men. Venality IN our judges
is very rare.
UnequaI Burden of DELAYS
''The inequality that exists In our present
administration of Justice and that sooner or
later is certain to rise and trouble us and
10 call for popular condemnation and ie-
form is in the unequal burden which the
delays and expense of litigation under our
system imposes upon the poor litigant."
One remedy, Mr.. Taft said, must be re-
form 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 litigant. AS
to appeals Mr.. Taft believes that the
court Of first instance" and the inteTme-
diate appellate court should be for the pur-
pose Of finally disposing in a just and
> prompt way OF contentious between liti-
gsnts The appellate jurisdiction Of tho
court Of last resort should be limited TO
those cases which are typical and which
: give an opportunity to cover the whole fed
: of the law.
Reduction of Court Fees.
..
effected certainly in the federal courts
and I think. too, in the state courts by a
mandatory reduction OF the court costs and
, fees The salaries Of the court officers
should be fixed and should be paid out OF
the treasury Of the country. state or ma
tiCnal government, as the case may be.
and fees should be reduced 70 as low a
= figure as possible.
{ i think another step in the direction Of
{ the dispatch Of litigation would be the re-
: quirement Of higher qualifications for these
E judges who sit in the cases involving a
Z small pecuniary amount
/. Another method by which their irrita-
. tion at the inequality in our administration
Of justice may be reduced is by the intro
= duction OF system for the settling OF
Z damage suits brought by employees against
e public service corporations through off,
c.al arbitration and without resort 10 jury
= trials. Such a system is working In Eng
- land as l informed ana has been
S successfully inaugurated IN Massachusetts.
d No one can have sat on the federal bench
2 as / did for eight or nine years and not
4 realize how detective the administration OF
. justice In these cases must have seemed
n 70 the defeated plaintiff. whether ne was
v the legless OF Rrmless empoye himself OF
his personal representatives"
Discounts Jury Trials.
h As 10 the jury system Mr.. Taft said
A. We cannot. OF course, dispense with the
= jury system. II is that which makes the
n people a part Of the ADMINISTRATION OF jus
n tice. but every means which IN civil cases
n litigants may be induced voluntarily "a
avoid the expense. delay and burden trials
ought 10 be encouraged because IN this way