Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1908-08-12
EYNCh|NG DUE TO
weak law -TAfT.
PRESIDENTIAL CANDIDATE TALKS
ON GOVERNMENTS NEEDS
FOR STATUTES.


POINTS OUT HANDICAP
TO THE POORER CLASS
Republican Nominee Speaks Before
the Virginia Bar Association at
Hot springs-Advocates Reduction
Of Costs in All Courts.
Hot Springs, Va, Aug. 7.-William
n. Taft, Republican candidate for the
presidency, delivered the principal ad.
dress at the convention of the Vir-
ginia Bar association Thursday. Judge
TAFT spoke on the Importance of more
prompt and economic administration
OF justice by state and federal courts.
Judge Taft presented his subject by
stating that the end sought in the
administration of justice was to pro.
mote tranquility and contentment
among the people. 1t had, he said
long been established that the su-
preme court of the United States was
the ultimate arbiter Of the great polit-
ical and legal issues, deciding upon
the limitation of both the legislative
and executive branches of govern.
ment, which has carried the useful.
ness OF the courts beyond anything
attempted in other countries.
Doubts System Is Satisfactory.
Notwithstanding this desirable situ.
alton, Mr.. Taft expressed a doubt that
our present administration of Justice
insured general popular satisfaction
with it's results.
There are" he said, abundant evi.
dences that the prosecutions of GRIM
inals 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 trace
able to this lack of uniformity and
thoroughness in the enforcement of
our criminal laws.
Il 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 the
rich in our civilization is studied, is
the delay in the administration of JUS
tice between individuals.
LAS between two wealthy corpora
tons, or two wealthy individual liti-
giants, and where the subject matter
OF the litigation reaches to tens and
hundreds Of thousands of dollars. our
present system, while not perfect, is
not SO 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"
Suggests Remedies.
One remedy, Mr.. Taft said, must be
reform in our judicial procedure which
liz 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
benefits of the wealthy litigant. AS to
appeals, Mr.. Taft believes that 1.-The
court of first instance" and the inter-
mediate appellate courts should be for
the purpose of finally disposing, in
just and prompt way, of contentious
between litigants.
The appellate jurisdiction of the
court of last resort should be limited
to those causes which are typical, and
which give to it in it's Judgment an
opportunity to cover the whole field
of the law.
Would Reduce Fees.
II believe" he said, that a great
reform might be effected, certainly in
the federal courts, and think, too, in
the state courts, by a mandatory re-
ductiOn 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 national government, as the case
may be, and fees should be reduced to
as low a figure as possible.
II think another step in the direc-
ton Of dispatch of litigation would be
the requirement of higher qualifica-
tons for judges who sit in the cases
involving a small pecuniary amount.
Another method by which their IT.
ritation at the inequality in our admin
istration 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 arbitra-
tion and without resort to jury trials.
Says We Must Retain Juries.
''Such a system is working in Eng
land as I am informed, and has been
successfully inaugurated in Massachu-
setts. Nc one can have sat on the fed
eral bench, as I did for eight or nine
years, and not realize how defective
the administration of justice in these
cases must have seemed to the defeat
ed plaintiff, whether he was the leg
less or armless employee himself, or
his personal representatives.
I'VE cannot, of course, dispense
with the jury system. 1t is that which
makes the people part of the admin
istration of justice, but every means
by which in civil cases litigants may
be induced voluntarily to avoid the ex-
pense, delay and burden of jury trials,
ought to be encouraged, because in
this Way the general administration