The Topeka state journal., 1908-08-06
Judge Taft Traces Lynching Of
Many Criminals
To Uncertainty in the Action of
the Courts.
REFORMS ARE NEEDED
He Tells the Virginia Bar AssO-
citation in Address.
Laws Delay a Fruitful Cause of
Popular Criticism.

Hot Springs, Va, Aug. 6.-Judge
William H. Taft today delivered an
address before the Virginia Bar asso-
citation In session here.
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. 1t had. he said. long been
established that the supreme court of
the United States was the ultimate
arbiter of the great political and legal
issues, deciding upon the limitation of
both the legislative and executive
branches of government. which had
carried the usefulness of the courts
beyond anything attempted in other
countries. Notwithstanding this de-
sirabie situation, Mr.. Taft expressed
doubt that our present administration
OF justice insured general popular
satisfaction with it's results.
There are" he said, abundant
evidences that the prosecutions of
criminals have not been certain and
thorough to the point of preventing
popular protest. The extent of lynch
ing in all parts of the country is d.
rectly traceable to this lack of uni
formity and thoroughness in the en-
forcement of our criminal laws.
1.-THE present is a time when all our
institutions are being subjected to
close scrutiny, with a view to the de-
termination whether we have not now
tried the institutions upon which
modern society rests to the point of
proving that some of them should be
radically changed. The chief attack
IS upon the institution of private
property and is based upon the
inequalities of the distribution of
IA \ L. l4af 20
apparent in our present system. be-
lieve that the institution of private
property next to that of personal lib
erty, has most to do with the uplift-
ing of and the physical and moral inn
provement of the whole human race,
but that 1t is not inconsistent with the
rights OF private property to impose
limitations upon it's uses for unlawful
purposes and that this is the remedy
for reform rather than the abolition
of the institution itself. But this
scrutiny of our institutions, this in
creasing disposition to try expert
ments to see whether there is not
some method by which human happi-
ness may be more equally distributed
than it is, ought to make those of us
who really believe in our institutions
as essential to further progress an ex-
cuse to remove real and just grounds
for criticisms in our present system.
The Laws Delay.
81 venture to think that one evil
which has not attracted the atten-
tion of the community at large. but
which is largely to grow in impor-
tance as the inequality between the
poor and rich in our civilization is
studied, Is the delays in the admins
tration of justice, between individuals.
AS between two wealthy corporations.
or two wealthy individual litigants and
whether the subject matter of the lit
H.
of thousands of dollars our present
system while not perfect is not so far
from proper results as to call for anx-
fety. The judges of the country, both
state and national are average good
men. Venality in our judges is very
rare
1.-THE inequality. that exists in our
present administration of justice and
that sooner or later is certain to rise
and trouble US and to call for popular
condemnation and reform is in the
unequal burden which the delays and
expense of litigation under our system
impose on the poor litigant."
One remedy, Mr.. Taft said, must be
reform in our judicial procedure
which is now too cumbersome. An
other would be more expedition on the
part of Judges in rendering their opin-
ions. Delay he said, always worked to,
the detriment of the poor and the ben
efits of the wealthy litigant. AS to ap-
peals, Mr.. Taft believes that the court
OF first instance" and the intermediate
appellate courts should be for the pur-
pose of finally disposing in just and
prompt way of contentious between
litigants. The appellant jurisdiction of
the court of last resort should be linn
tied to those cases which are typical
and which give to it in its judgment
an opportunity to cover the whole field
of the law
Costs Are Too Great
81 believe that a great reform might
be effected, certainly in the federal
courts and 1 think too, in the state
courts, by a mandatory reduction of
the court costs and fees. The salaries
of the court officers should be fixed
and should be paid out of the treasury
of the county, state or national gov
ernment as the case may be and fees
should be reduced to as low a figure as
possible.
81 think another step in the direc-
tion of the dispatch of litigation
would be the requirement of higher
qualifications for these judges who
sit on the cases involving a small
pecuniary amount.
Another method by which the
irritation at the inequality in our ad-
ministration of justice may be re-
duced is by the introduction of a sys-
tenn for the settling of damage suits
brought by employees against public