The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-08-07
1AFT'S TALK TO
VIRGINIA BAR
Doubts if Our Present Admins
trati0n of Justice Gives
Satisfaction. =
LAWS DELAY GREAT FAULT
INEQUALITY OF BURDENS I'M
POSED BY LITIGATION.

Hot Springs, Va. Aug. 6.-FolloVing
technical analysis of federal pro-
cedurr by Judge Henry C. Mcdowell
of Lynchburg. William " Taft today
addressed the Virginia Bar association,
giving in detail his views on the delay
I'm the administration Of the law and
suggestions for reformers. Mr. Taft
concluded the speechmaking of the pro-
gram.
Wynham r. Meredith introduced Mr..
Taft tc the association in eulogistic
terms. 'Of the speaker he said,
whose presence makes this meeting of
our association a national occasion, in
all the numerous public duties which
he has TO perform, whether as a law
officer or as the occupant of the bench,
state or federal, whether performing
the arduous duties of secretary of war,
as governor of the Philippines or as ad-
ministrator of Cuba. / can say that he
has touched nothing which he has not
strengthened and perfected. / voice
the sentiment of each member of this
association. and perhaps of the man
himself, when | say that he is one who
10 party gave up what was meant for
the bench
Juu9c dIlS speech.
Judge Taft presented his subject by
stating that the end sought in the ad-
ministration of justice was to promote
tranquility and contentment among
the people. l. had, he said, long been
established that the supreme court of
the United States was the ultimate ar
bitter of the great political and legal is
sues. deciding upon the limitation of
both the legislative and executive
branches of government which had
carried the usefulness of the courts be-
yond anything attempted in other
countries. Notwithstanding this de-
sirable situation. Mr.. Taft expressed a
doubt that our present administration
of justice insured general popular
satisfaction with its results.
There are" he said, abundant evil
dences that the prosecution of GRIM
inals has not been certain and thor
ough to the point of preventing popular
protest. The existence of lynching in
all parts of the country is directly
traceable to this lack of uniformity and
thorOughness in the enforcement of our
criminal laws.
Close Scrutiny at Present.
1.-THE present is time when all our
institutions are being subjected to a
close scrutiny with a view to the de-
termination whether we have now tried
the institutions upon which modern So
ciety rests 10 the point of proving that
some of them should be radically
changed The chief attack is on the
institution of private property and is
based upon the inequalities Of the dis
tribution of wealth and human happi-
ness that are apparent in our present
system. l believe that the institution
of private property, next to that of
personal liberty. has most TO do with
the uplifting and physical and moral
Improvement of the whole human race.
but that il is not inconsistent with the
rights of private property to impose
limitations upon its uses for unlawful
purposes. and that this is the remedy
for reform rather than the abolition of
the institution itself
The Laws Delay.
But this scrutiny Of our Institutions
this increasing deposition to try ex-
periments. TO see whether there is not
some method by which human happi-
ness may be more equally distributed
than IL Is. ought 10 make those of US
who really believe in our institutions
as essential to further progress,
anxious to remove real and just
grounds for criticism in our present
system. I venture to think that one
evil which has not attracted the atten-
ton of the community at large, but
which is likely to grow in Importance
as the inequality between the poor and
tine rich in our civilization Is studied, Is
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 litigation
reaches 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. Venali-
~ in our judges Is very rare.
Burden is Unequal.
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 reform, is in the I'M
equal burden which the delays and ex-
pense of litigation under our system
imposes on the poor litigant."
One remedy, Mr.. Taft said. must be
reform in our judicial procedure, which
IL now too cumbersome. Another would
be more expedition on the part of the
judges in rendering their opinion De-
lay. he said, always worked TO the de-
triment of the poor and the benefit or
the wealthy litigant As to appeals.
of first instance. and the intermediate
appellate courts should be for the pur-
pose of finally disposing in a Just and
prompt way of contentious between lit
igants. The appellant Jurisdiction of
the court of last resort should be lin
tied TO those cases which are typical
and which give to IL in its judgment
an opportunity to cover the whole field
of the law.
Reform Could Be Effected.
Il believe that great reform
might be effected, certainly in the fed
eral courts, and I think. too in the
state courts. by mandatory reduction
of the court costs and fees. The sala-
ries of the court officers should be
fixed and should be paid out of the
treasury of the county, state or ma
tional 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 the dispatch of litigation would
be the requirement of higher qualifica-
lions for those judges who sit on the
cases involving a small pecuniary
amount.
Arbitration System.
Another method by which their irri-