The Detroit times., 1908-08-06
TAFT's APPEAL FOR
EQUALITY IN OUR
COURTS
AIM SHOULD BE TOWARD MORE
DISPATCH AND cHEApENiNo
LAW SUITS FOR POOR MAN
FIGHTING CORPORATIONS.

HOT SPRINGS. Va. Aug. 6.-Wm.
ii. Taft delivered an address this
morning before the Virginia Bar asso-
citation on what he regards the most
important question before the people.
The Improvement Of the administra-
ton OF justice" In the matter o. Its
prompt dispatch and the cheapening
OF its use," for the poor man. Mr..
Taft made several important recon-.
mendations which, when put into eff
feet, would 60 far towards restoring
popular confidence in the courts and
putting the rich and poor man on u
more equitable legal footing.
He would have the codes OF proceed
ure simplifed. He would have the
great body OF litigation settled In the
courts OF the first instance and In the
intermediate appellate courts, limit
Ing appeals to the supreme court OF
the United States 10 typical cases
which are Tide In their application.
such for instance as cases involving
The construction of the United States
constitution or the constitutions or
statutes OF the states. He would have
a mandatory reduction Of court costs
and fees. and higher qualifications for
judges who sit TO hear cases involv-
Ing small pecuniary amounts.
Mr. Taft suggests the enactment OK
a federal law providing for official
arbitration for settling awards to en-
ployees In damage cases arising In
the carrying on OF interstate COM
nlerce.
Mr.. Taft says in part:
While We may properly felicitato
ourselves In the widened function or
our courts, enabling us TO avoid less
peaceable methods OF settling import
ant politico-legal questions, have we
the right to say that our present ad-
ministration OF justice generally In
sures' continued popular satisfaction
with its results? | think not.
1T may be true that, down TO the
present time. it has supplied means
Of settling controversies between In
dividuals. and OF bringing to punish
ment those who offend against the
criminal laws, sufficiently TO present
IA general disturbance OF the peace.
There are, however, abundant evil
dences that the prosecution or GRIM
inals has not been certain and thor
ough to the point OF preventing popu-
lar protest The existence Of lynch
ing in all parts OF the country Is dt.
rectly traceable to this lack or uni
iormity.
Il shall not delay you, however, with
a discussion as to the reform which
ought to be adopted In this branch
Of our Jurisprudence. l wish to con-
fine myself to the delays and ineQualL
ties In the administration OF justice In
controversies between private persons,
including. OF course, corporations.
THE present Is time when all our
institutions are being subjected 10
close scrutiny.
THE chief attack Is on the institu-
ton Of private property and Is based
upon the inequalities In the distribu-
ton OF wealth. l believe that the In
stitution OF private property. next to
that Of personal liberty, has had most
10 do with the uplifting and physical
and moral improvement OF the whole
human race.
but this scrutiny of our institutions.
this increasing disposition to try ex-
periments TO see whether there Is not
some method by which human happi-
ness may be more equally attributed
than II Is. ought TO make those OF US
who really believe In our institutions.
as essential to further progress. anxi-
Gus to remove real and just grounds
for criticism in our present system.
II venture to think that the 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 In
the delays In the administration OF
Justice between individuals; as be-
tween two wealthy corporations. or
two wealthy individual litigants. and
where the subject matter OF the litiga-
ton reaches to tens and hundreds or
thousands OF dollars. where each party
litigant Is able to pay the expenses
OF litigation and large fees to counsel.
THE judges OF the country. both
state and national. are on an average
good men. Venality In our judges Is
very rare.
The inequality that exists In our pres
ent administration OF justice and that
sooner or later Is certain TO rise to
trouble us, and to call for popular con-
demnation and reform, IL In the I'M
equal burden which the delays and
expense Of litigation under our system
imposes on the poor litigant Boards OF
arbitration ofYer no relief to the It'll
CANT OF little means who finds hin
self engaged in a controversy with a
wealthy opponent. whether individual
or corporation.
The reform. IL II Is to come, must
be reached through the Improvement
IN our judicial procedure. In the first
place. the codes OF procedure are gen.
rally much tho elaborate. II Is posi-
BILE TO have code OF procedure sim
ple and effective This is shown by
the present procedure In the Eng
fish courts. most OF which Is framed
by rules OF court"