New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-08-07
TAFT ON COURT REFORM
PLEA FOR POOR LITIG4NT.
Suggests Remedies for LasU's Delays
Before Bar association.
TRy Telegraph to The Tribune. ]

in the administration of Justice His aooresS
was particularly a plea for the poor litigant the
man of small means unable to fight case step
by step, up TO the Supreme Court. The jurists
and lawyers who listened to his speech thought
it lucid and forceful exposition of the matter
discussed. In addition to the members OF the
bar association at least two hundred women
were in the audience and paid the closest at
tention to the address.
Mr.. Taft started with the remark that the END
sought in the administration Of justice was 10
promote tranquility and contentment among
the people 1t had. he said, long been estao-
Ished that the Supreme Court of the Umteo
States the ultimate arbiter of the great po-
ltical and legal issues, deciding upon the limita-
lions OF both the legislative and executive
branches of government which had carried the
usefulness of the courts beyond anything at
tempted in other countries. Notwithstanding
this desirable situation. he expressed doubt
that our present administration of justice In
sured general popular satisfaction with its re-
suits. He said:
There are abundant evidences that the prose-
cutions of criminals have not been certain ana
thorough TO the point OF preventing popular pro,
test. The existence of lynching in all parts OF
the country is directly traceable to TINS lack OF
uniformity and thoroughness in the ENFORCE
ment of our criminal laws.
The present is a time when all our institutions
are being subjected 10 close scrutiny with view
tried the institutions upon which modern So
ciety rests TO the point of proving that some OF
them should be radically changed. The chlef
attack is the institution of private property,
and is based the inequalities in the distrl-
button of wealth and of human happiness that
are apparent in present system. believe
that the institution of private property, next 10
that of personal liberty, has had most TO do with
the uplifting and physical and moral improve
ment of the whole human race, but 1t is not
inconsistent with the rights of private property
impose limitations upon its uses for unlaw-
full purposes. and this is the remedy for re-
form rather than the abolition of the institution
itself But this scrutiny of institutions,
this increasing disposition to try experiments. to
see whether there is not some method by which
human happiness may be more equally distrib-
uted than it is, ought TO make those of us who
really believe in our institutions as essential 70
further progress anxious to remove real and
just grounds for criticism in our present sys-
tenn.
I venture to think that evil which has not
attracted the attention of the community at
large, but which is likely to grow in Importance
s the inequality between the poor and the rich
in our civilization is studied. is the delay in
the administration of justice between individ-
uals. As between two wealthy corporations, or
two wealthy individual litigants. and where the
subject matter of the litigation reaches TO tens
and hundreds of thousands of dollars. our pres
ent 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,
erage good men. Venaiity in our Judges is very
rare.
The inequality that exists in our present ad-
ministration of justice and that sooner later
Is certain to rise and trouble and to call for
popular condemnation and reform. is in The I'M
equal burden which the delays and expense of
litigation under our system impose on the poor
iitigant.
One remedy, Mr.. Taft said, must be reform in
our judicial procedure. which too cum
bersome Another would be more expedition on
the part of Judges in rendering their opinions
Delay, he said. always worked to the detrinent
Of the poor and the benefit of the wealthy liti-
giants. As to appeals. Mr.. Taft said he believed
that the court Of first instance and the inter-
mediate appellate court should be for the pur-
pose of finally disposing, in just and prompt
way, Of contentious between Iitigants, and the
appellant Jurisdiction of the court of last resort
should be limited to those cases which are typi-
cal and which give to it in its Judgment an op-
portunity TO cover the whole field of the law
He went
1 believe that great reform might be effect
ed, certainly in the federal courts, and l think
too, in the state courts, by a mandatory reduc-
ton 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 country, state
national government, a the may be, and
fees should be reduced TO as low a figure
possible.
l think another step in the direction of the
dispatch Of litigation would be the requirement
OF higher qualifications for those judges who sit
in the cases involving a small pecuniary
amount.
Another method by which irritation at IN
equalities in administration of justice may
be reduced is by the introduction Of system
ployes against public service corporations
through official arbitration and without resort
to jury trials. Such a system is working in
England, as / am informed, and has been sue
cessfully inaugurated in Massachusetts, No
have sat upon federal bench as l did
for eight or nine years and not realize how de-
fective the administration of justice in these
cases must have seemed to the defeated plaintiff
whether he was the legless or armless enploye
himself or his personal representative.
AS 10 the jury system Mr.. Taft said:
We cannot of course dispense with the fury
system. 1t is that which makes the people a
part Of the administration of Justice but every
means by which in civil cases litigants NAV he
induced voluntarily to avoid the expense delay
aged. because in this way the general admins
tration of justice can be greatly facilitated and
the expense incident TO delay in litigation can
be greatly reduced
Mr.. Taft closed with tribute to the legal pro-
fesson. and cautioned that conservatism ought
not 10 be allowed to prevent reforms in the in
terest of equalizing the administration of JUS
tice as far possible between the poor and the
rich
At the close of his speech Mr. Taft was slS-
rounded by members of the audience who pre-
scented themselves for personal acquaintance. A
group photograph was taken under the trees
with Mr.. Taft in the centre
Al the Bar Association dinner tonight, in re-
spending TO the toast. THE President of the
United States" Mr.. Taft said that it might not
be appropriate for him TO respond to that toast
Not because Of any relation 1 bear to that
office, but because was summoned TO the White
House when the invitation was extended and
directed daughter) to come here and do what
l could--if need be- use the big stick to uphold
the administration" G-aughter)
Joking aside" Mr. Taft called attention to
the difficulty OF discussing even the oe7ca of