Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1908-08-06
TOday's Telegraphic News
Mr.. Taft's Speech,

address on "The delays OF litigation"
Mr.. Taft said 10 part;
The chief reason why the state dc
votes so much tine and effort in the sd-
ministrstion of justice between individ-
usls in private litigation, and between
the state and persons charged with crime
| In public litigation, is to promote the
cause of peace and tranquility in the
community. Speaking theoretically and
abstractly, OF course, our aim is to secure
Ga 1a and exact justice between indi-
yidusls and between the state, repre-
sentiDg all persons in acommunity, and
an offending individual just for the love
of justice, but practically the objects
sought are peace, tranquility and con-
ttntment among the people
While we may properly felicitats our
selves on this widened function of cur
courts, enabling as to avoid less peace
able methods of settling important pO-
litico-legsl questions, have we the right
to say that our present administration OF
Justice generally insures continued popu
ular satisfaction with its results /
think not. The present is time when
all our institutions are being subjected
to close scrutiny with view to the de-
termination whether we have not row
tried the institutions upon which modern
society rests 10 the points of proving
that some of them should be radically
changed. The chief attack is on the in
stitution Of private property and is based
upon the inequalities 10 the distribution
of wealth and of human happiness tbst
are apparent in our present system. i
believe that the institution of private
property, next to that Of personal liber y,
has had most to do with the uplifting
( and physical and moral improvement Of
the whole human race, bat that i! is not
inconsis ent with the rights of private
properly 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.
Our present system, while not perfect,
Is NOT so far from proper results, as catl
| for anxiety.
The judges Of the country, both slate
and national, on an average, are good
men. Venality 10 our judges Is very
rare; and while the standard OF judicial
ability and learning may not be always
as We should like to see 1t, the provision
| for review and for free and impartial
hearing are such as generally give just
final judgment. The inequality that
exists IN our present administration Of
Justice, and that sooner or later, is GER
tain to rise aud trouble US, and to call
FIR popular condemnation and reform, is
| the unequal burden which the dellys
aud expense of litigation nnder our
system impt ses on the poor litigant.
| In some communities | know these de-
lays have induced merchants and COM
mercial men to avoid couit4 altogether
aud to settle their controversies by arbi-
tnstiop, and to this extent the conrIs
have been relieved; but such boards OF
arbitration are only possible between
itigsnts that are members of the same
commercial body, and are in sense ssso
ciated.
They off no relief to The litigant of
little means who finds, himself engaged
in a controversy with wealthy oppOn-
emit. 1t is inevitable that with an
elaborate code, The expense OF suit In
volviDg a small sum, is in prJporit n
far greater than that involving large
sun, hence it results that The cost Of
Justice to the poor is always greater than
1t Is to the rich, assuming that the poor
are more often interested in small cases
than the rich in large ones-a fairly
reasonable assumption. One reason for
delay in the lower court is the DISPOSE
lion of judges II wait an undue length
OF time in the writing of their opinion
or judgments. / speak with confident
on this point, for have been Que of
the sinners myself.
1t may be asserted as q general prOpo-
silion, TO which many Legislatures seem
to be oblivious, that everything which
tends to prolong or delay litigation be-
tween individuals or between individuals
and corporations is great advantage
for that liiigent who has the longer
purse; every change Of procedure that
limits the right of appeal works for the
benefit in the end OF the poor litigant
and puts him more on an equality with
wealthy opponent. 1t is probably
true, that the disposition of the litiga-
ton is in the end, more likely to be jns!
when three tribunals have passed upon
it, than when only one or two have set
tied it; but the injustice which meantime
has been done by the delay 10 the party
originally entitled to the judgment gen.
orally exceeds the advantage that he
has in ultimately winning the case.
The shortening of the time will re-
dnce the expense, because, first, the fees
of the lawyers must be less If the time
taken is not 30 great.
Second, the incidental court fees and
costs will be less. Again, | believe that
aIgreat reform might be effected, cer-
lainly in the federal courts, and think,
too, in the state courts, by mandatory
reduction OF the court costs and fees. !
think another step in the direction OF
the dispatch Of litigation would be the
requirement of higher qualifications for
those judges who ait to hear the cases
involving small pecuniary amount.
Another method by which the irrits-
ton at the inquslitles in our adminislrs-
ton OF justice may be reduced by the in
PRODUCTION of system for the settling of
damage suits brought by the employees
against public service corporations
through official arbitration and without
resort to jury trials.
Such system IS working in England,
as am informed, and has been success,