New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-09
TO SIMPLIFY JUSTICE
COMMITTEE OF SUPREME
COURT ACTS.
Recommends Abolishing Demurrer,
Among Other Things, to Lessen
"La5c's Delay"

Calling on the lawmaking bodies Of the state
| and the justices of the Appellate Division TO
| take some action to reduce to a minimum of
annoyance and expense the present so-caled
| laws delay" a committee of the justices of
| the Supreme Court in New York City made
public yesterday the results of their considera-
tion OF the question. far they have ad-
vanced IL. From the vantage points of both
familiarity and disinterestedness it is conceded
that this committee. which consists of five
justices. is fitted to deal with this question.
which is OF obvious and yearly growing impor-
tanCe to the commercial world
The committee has been graphing with the
problem in earnest. and prominent members of
the legal profession who have been in close
touch with the proceedings of the committee
consider that excellent progress has been made.
The efforts OF the justices directed primarily
TO obtaining reforms in laws and practices that
snail achieve or approximate the end in view so
far as New York State is concerned II is
hoped. however. that the movement which they
nave undertaken may, in the event of it's sue
cess sweep over the whole country and infiu-
enee the action o: all the states. TO the benefit
OF the intimately correlated interests OF the en-
Tire American business community.
me members OF the committee do not pre-
tend TO have solved the problem They confess
that they are IN need OF advice and announce
that they VIII receive II gladly Intimately
acquainted as they are with the great CONNER
ciai hive centred on Manhattan Island with
so large proportion of the litigation involving
important commercial interests. and viewing tho
virtues and defects of existing laws and prac-
tlces In the strongest possible hit they believe
that the result they have ac..eved. inconclusiye
and incomplete as il is. will go far toward
bringing about the ultimate solution OF the
problem.
TO SHORTEN COMMERCIAL CASES.
They start with the premise that tho ,,h,ic..
ohief concern is in the reduction Of litigation
TO actual differences and the abatement ~ the
Ia" delays in the composure OF commercial
cases They believe, they say. that the people
want TO see the last "as much as may be OF
husious suspensions and employments OF labor
and capital, with the consequent hlndrances ~
business and prosperity" Their tentative suV-
eestions 10 this end are embodied in resolutions
asking action by the Justices OF the Appellate
DIVISION and of the lawmaking power of the
state. upon which suggestions they invite ex
pressions OF opinion
IN orief. these suggestions are for marked
simpliheation OF privileges in pleadin9s bo,h .s
TO substance and in time OF making. FOR reform
IN court assignments through which justices
making orders In such cases shalt he the ones
20 near argument upon these orders and 10 the
passage OF laws reducing the period within
which such actions may be begun. and r.ouir,rg
clear. precise and unequivocal statements of
facts pleaded as constituting causes OF action
Aside from the recommendation that pos,nona
ments OF pleadings shall not be allowed except
ior the oest and most clearly defined Of reasons
and that times OF serving pleadings. notices
etc. shall be materially shortened" perbaps
the most important recommendation is that for
Of Fha
actions In place OF the demurrer the Judges
would compel the litigant TO answer and have
the case brought 10 trial when his objections TO
the complaint should be thrashed out and iudi-
ciaIy decided on the spot and II not then sus-
tained. the trial OF the action should be pro-
eeeded with.
THE CHANGES RECOMMENDED.
Summed up the judges committee in seek
ing to apply the results of It's observations and
investigation 10 the betterment Of the states
laws and code of procedure in Commercial, cases
practically recommends certain definite changes
hereafter enumerated. Expressed in the conn
inittee's own language. il requests expressions
of opinion" respecting:
First-Setting apart terms and assigning ms
tices so that all actions in commercial csrses
10 wit: ON sales Of personal property tncluInc
agreements incident 10 such sales for ,,ori-
labor and services and material f,rntshHd. ,,yrD
policies OF insurance and upon negotiable paper
and other instruments transferable bv indorse
out the year ~
Second-Granting no delay or postponen,ent
or opening Of default in trials or proceedings
upon consents OF attorneys, but only upon due
cause SHOWN saving 70 parties themselves how
ever the right 10 effect suspension of a cause
Dy writing over their own hands or the hands
Of thei- attorneys in fact
Understanding that z descriptive VERIFIED
llst OF all writings 10 be used in support of af-
hrmative allegations in pleadings be filed with
the clerk within five days after final ioinder of
issue -
Fourth-Making motions brought upon orders
10 snow cause returnable, so far as NAV he he
fore the Judge or justice granting the order
thth-Requiring clear, precise and uneouivo-
cal statements in pleadings of all facts alleged
affirmatively
Sixtn[Substantially reducing the times limit
ed for bringing actions in commercial causes
and for taking appeals therein.
Seventh-Materially shortening the periods for
serving pleadings and other papers in all causes
Eighth-Directing that the objections nov
taken by demurrer shall be taken by answer
and be argued, or deemed waived at the open-
ing of the trial and be decided by the Judge or
justice before taking up any other cause
The summary. under current date is signed
by the members OF the committee appointed 10
make the investigation-alI justices of the SUI
preme Court in New York City-CharIes F. Me-
Lean chairman; James A Blanchard Vernon
NJ. Davis Charles L. Guy and Irving Lehman.
secretary.
SERUM CURES CASE OF TETANUs.