The morning journal-courier., 1908-08-17
Flagrant Abuse of Justice in Present Procedure, Says American Bar Asso-
 citation.
TOO MUCH TECHNICALITy
Appeals Should Be Decided on Merits of the Case Instead of Mak- ing Trial a Legal
 Game.

New York, Aug. 16.-Courts of appeal will no longer decide either civil or criminal litigation brought before them on purely technical points, but will base their rulings on the merits of the cases if the recommendations formulated by special committee of the American Bar association shall be- come law.
 The committee was appointed by the association at its last annual meeting to suggest remedies and draft proposed laws to prevent delay and unnecessary cost in litigation Its report will be presented at the next annual meeting to be held in Seattle from Aug. g to 2S
 II opens with statement that tho existing evil which seems most serious to the committee Is the disposition in many jurisdictions to dispose Of ap- reals, or writs of error, both in civil and criminal cases upon technical grounds. and not to decide them upon the merits. In the judgment of the committee, the rule for deciding ap- peals and writs of error should not be based on reversible error committed in the court below, but upon the merits as the case appears upon the record.
 Continuing, the report calls attention to the fact that the tendency of ,he courts in common law cases Is to con strue adherence to strict legal rules as the right of each party, and to reverse lf inf of ,f these rules.
 This makes the trial of a case q game. declared the committee, in which the one wins who plays the most skilfully. the merits of the con troversy having no part.
 The unrestricted right to writ or error in criminal cases Is characterized by the committee as fragrant abuse in judicial procedure
 "These writs," the committee add, 'are constantly sued out solely for de- lay The punishment of notorious criminals thus Is constantly being post poned in violation of every principle of justice This Is especially fragrant in the suing out of writs of error from the Supreme court of the United States to review the decision of the highest 2 courts of criminal jurisdiction, in the several states We recommend that no writ of error returnable In criminal cases to the Supreme court of the United States should be allowed unless justice of that court shall certify that there is probable cause to believe that the defendant was unjustly con. victed."
 In support of this recommendation the committee quotes an address o Andrew n. White in which he stated that wl.ile murders were increasing rapidly, yet the procedure against then was becoming more and more ineffec tive, and in the light of recent case In New York and elsewhere was seer td be farce, adding that he favored preventing appeals based on mere tech niea matters and upon errors of tria judges In trlning matters of procedure and the like which have nothing to dt with the guilt or innocence.
 The committee declared that the re forms In civil procedure which 1t rec ommends are not theoretical but havt been tried and adopted in England tt the satisfaction of the bar and tn benefit of litigants.
 "so far as reform in criminal pro cedure Is concerned" says the repor the grievance or which we complain has never existed in England but th statutory provisions there are simila to those recommended by us"
 The committee will submit the draf of an act to amend in the particular concernel the judicial procedure O courts of the United States.