Omaha daily bee., 1908-08-17
TO PREVENT LAWS DELAY
Bar Association Committee Favors
Radical Changes.
ON TECHNICAL POINTS
Proposition to Have Cases Decided
Upon Their Merits and Restrict
Usss OF trAswfit gs
ErrSrss5,

NEW YORK, Aug I6.-Courts of appeal
will no longer decide civil or criminal liti-
cations brought before them on purely
technical points, but will base their rulings
on the merits of the cases II the RECON-
mendations of special committee Of the
American Bar association shall become
law.
The committee was appointed by the asso-
citation at its last annual meeting to draft
proposed laws to prevent delay and un-
necessary cost in litigation. It's report will
be presented at the next annual meeting
in Seattle, August 25 to %.
1t opens with statement that the ex-
isting evil which seems most serious to
the committee is the disposition in many
Jurisdictions to dispose of appeals or writs
OF errors. 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 occurs upon the record.
Trial Becomes "a Game.
Continuing the report calls attention to
the fact that the tendency Of courts in
common law cases is to construe adherence
to strict legal rules as the right of each
party and to reverse If there has been
any infraction of these rules.
This makes the trial Of a case a game"
declared the committee, lin which the one
wins who plays the most skillfully, the
merits OF the controversy having no part"
The unrestricted right to writ of error
in criminal cases is characterized by the
committee a fiagrant abuse in judicial pro-
cedure
These wrIts,'' the committee adds. ARE
constantly sued out solely for delay. The
punishment OF notorious criminals thus is
| constantly being postponed in violation of
every principle of justice, This is especially
! flagVant in the suing out of writs Of error
| from the supreme court OF the United
States to review the decision of the highest
| courts of criminal jurisdiction In the sew
eral states. We recommend that no writ OF
error returnable in criminal cases to the
| supreme court Of the United States should
be allowed unless justices at that court
shall certify that there is probable cause
to believe that the defendant was unjustly
| convicted"
| Criminal Methods a Farce.
In support of this recommendation the
| committee quotes an address Of Andrew
| D. White, in which he stated that while
| murders were increasing rapidly, yet the
| procedure against them wa becoming
! more and more Ineffective. and In the
light OF recent cases in New York and
! elsewhere was seen TO be a farce, add
! ing that he favored preventing appeals
based on mere technical matters and upon
errors Of trial judges in trifling mattres
| of procedure and the like which have
nothing to do with the question Of guilt
! or innocence.
| The committee declares that the re-
forms in civil procedure which 1t recon-
mends are not theoretical, but have beer
tried and adopted in England to the sat
isfaction OF the bar and benefit of liti-
gants.
80 far as reform in criminal procedure
is concerned" says the report, the sriev-
ance of which we complain has nver ex-
listed in England, but the statutory pro-
visions there are similar 10 those recon-
| mended by us" ..
| The committee will submit the draft
OF an act TO amend in the particulars con-
oerned the judicial procedure OF courts
| OF the United States.
pI.ATTSMOITTH-The CITY hand gaVe a