The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-09-05
REMEDIES
FOR DELAY
BAR ASSOCIATION ADOPTS
RESOLUTIONS GOVERN
ING APPEALS.
Final Vote on the Adoption Of the
Committees Recommendation
Is Favorable, so to 22-Five
Changes Out of Six Proposed
Are Accepted.

changes Out OF DIX TIOpOSeu
Are Accepted.
Seattle, Aug. 29.-The first matter
to cause stir among the delegates to
the American Bar Association and to
cause a lively debate, resulting in a
sharp division Of the vote, was the re-
port of the special committee appoint
ed at the meeting a year ago to suggest
remedies and formulate proposed laws
to prevent delays and unnecessary cost
in litigation The, committee present.
ed proposed bill, recommending its
presentation to congress with the in
dorsement of the association, making
radical amendments to the acts regu-
lating the judiciary procedure of the
United States courts
The amendments were along the line
as indicated in the synopsis Of the re-
port which has been published, MAX
ing reversal on repeal depend rather
on the merits of the controversy than
on any technical matter of procedure.
The amendments proposed include both
civil and criminal cases.
The debate continued until 1 clock,
when the final vote gave the victory to
the committee submitting the report
on five out of six propositions pre-
sented
The matter is of great Importance in
showing the sentiment of the Ameri-
can Bar Association toward reform in
this regard. That it was surprise to
many is evident from the fact that it
completely reversed the prediction of
John r. Dos Passos, the noted New
York criminal lawyer, who spoke at
the beginning of the meeting.
Mr.. Dos Passos' Statement
'sThere is no doubt that many Grim
inals escape through the instrumental
ity of technicalities' he said, ''and in
my estiamtion I will lose great deal
by what am saying. A comparison
between England and the United States
in criminal law shows the difference
on questions of appeal. The English
administration was one of the most
magnificent legal spectacles the world
has ever seen, until six months ago,
when she also went wrong and adopted
an appeals law: If we go to the root
of the evil, we must abolish appeals in
criminal cases altogether. Then con-
struct board of pardons to review a
case where there is any doubt of the
guilt of the party. But you lawyers
assembled. here will never agree, for
selfish reasons, to abolish appeals in
criminal cases, though it would bring
great good to the profession and great
satisfaction to the people. F."
Two hours after he had made the
declaration, the association, by a vote
of go to %, declared itself in favor of
the very thing the speaker had conf
IDENTIFY refused to believe they would
sanction.
The proposed law contained the fol-
lowing amendments to the existing
sections:
Section 1. Section 1O11 of the re-
vised statutes of the United States is
hereby amneded by adding at the end
thereof the following:
No Judgment shall be set aside, or
new trial granted, by any court of the
United States, in any case, civil or
criminal, on the ground of misdirec-
ton OF the jury or the improper adj
mission or rejection of evidence, or
for error as to any matter of pleading
or procedure, unless, in the opinion Of
the court to which application is made,
of mo oe T.,
it shall affirmatively appear that the
error complained of has resulted in
miscarriage of justice. - IT. s.
Comp. Stat 715.
Sec. 2. Section 648 of the Revised
Statutes of the United States is hereby
amended by adding to the end there
Of the following:
THE trial judge may in any (amd
cases, submit to the jury the issues of
fact arising from the pleadings, reserv-
ing any questions of law arising in the
case for subsequent argument and de-.
cision, and he, and any court to which
the case shall thereafter be taken on
writ Of error, shall have power to di-
rect Judgment to be entered for either
party non Obstante veredicto. I'll u.
s. Comp. Stat. 552
Section g. Section TOO of the Re-
vised Statutes of the United States is
hereby amended by adding to the end
thereof the following:
mo writ Of error shall be issued in
any criminal case unless a Justice of
the supreme court shall certify that
there is probable cause to believe that
the defendant was unjustly convict
ed. "-1 u. S. Comp. Stat. 575
1.-THE other sections related to habeas
corpus proceedings and appeals and
were the same in substance.
Much Land Still Vacant
Washington, Sept. IA statement
given out at the general land office
shows that there is a total of 754 1885,
296 acress of unappropriated and I'M
1o,,l