The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-09-17

announcer
our procedure. No criminal is con
tent with judgment of the court be-
low ana We'll may he not be because
the record of reversals is so great as
20 encourage 1t in every case and to
hang important judgments In
appellate proceedings sometimes FOR
years. 1 do not know when the re-
forms are to be brought about in
TINS country. Until our people shall.
become fully aware and in some con
crete way be made to suffer from
the escape of criminals from lust
judgment in this country the system
may continue. One of the methods
py which it could be remedied in
some degree is to give Judges more
power in the trial of criminal cases
ana enable them to aid the jury in
It's consideration OF facts and tc
exercise more control over the argu-
ments that counsel see fit to advance
Then 1t is undoubtedly true that
In England, lawyers in the conduct
OF their cases feel much more and
respect much more their obligation
10 assist the court in administering
justice and restrain themselves from
adopting desperate and extreme
methods for which American law
yers are. even applauded.
Reform in Civil Code.
But refor min our criminal pro.
cedilre is not the only reform that wa
ought to have in our courts. On the
delay and this always s.1&s for ne
benefit of the man with the loneest
purse. 1t used to be thought that 4
system by which cases involvine
supreme court through two or three
courts of intermediate appeal was .
perfect system, because It gave the
poor man the same right to go to tho
supreme court as a rich man. Nothing
is further from the truth. What the
por man needs Is a prompt decision
OF his case, and. by limiting the APP
peals in cases involving small amounts
OF money SO that there shall be final
decision in the lower court, an oppor-
tuhity is given to the poor ntigant 10
secure a judgment in time to enjoy II
and not after he has exhausted all his
court.
~ an lawyer and admire my pro-
fession, but / must admit THAT we
have had too many lawyers in legislat-
ing on legal procedure and they have
been prone to think that litigants were
made for the purpose of furnishing
business to courts and lawyers and not
courts and lawyers for the benefit OF
the pc 1ple and litigants. More than
this, I am bound to say that in the
matter of reducing the cost of litiga-
ton. and, indeed, the time of it, con-
gross and the federal court have not
set a good example. 1t certainly is
possible to introduce a simpler form
suits in equity.
81 conceive that the situation is now
ripe for the appointment of a commits
sion by congress to take up the dues-
ton of the laws delays in the federal
courts and to report a system which
shall not only secure quick and cheap
justice to the litigants, in the federal
courts, but shall offer a model to the
legislators and courts of the states by
the use of which they can themselves
institute reforms.
Abolish Fec System.
''I would abolish altogether the sys-
tenn of payment of court officers by
fees. the fee system may be properly
the public treasury by litigants, spe-
cially interested, but the fees ought to
be reduced to the lowest point and the
motive for increasing the expense OF
litigation that arises from the payment
of the compensation out of fees to
court officers should be removed I
dc not think that the delays in justice
are due to any niggardly on the
part OF the public in appropriating to
meet the expenses of administrator
The evil lies deeper In the system
which 1 have referred to only in
most summary way. OF all the ques-
lions that are before the American
neople I regard no one as more I'M
Iortant than this. to-wit:
"The Improvement of the admins
tration of justice. We must make 1t
50 TIE poor nan VIII nave as nearly a
POSSIBLE an opportunity in litigation as
lie rich man and under present. con-
ditions; as ashamed as we may be CT
IT., this is not the fact.
"And now, my friends, l have sub
jected you to a rather solemn discus
ion uf a rather solemn subject.
Carry Out Roosevelt Reforms.
1--WE are entering now upon an ers
CT prosperity which 1 hope vii be
long continued. We have just passed
4 tariff bili which has ended for the
time the disturbance of business that
always sriscs from the consideration
and aa.tsi-6s over such bill. R;t
this prospect Of prospe~its must not
blind us to the necessity for carrying
out certain great reforms advocated by
Mr.. Roosevelt, recommended in tns
platform which believe
are needed to prevent return to the
D buses, which all men recognize the
vii Of IN our previous business meth
DIS and the management OF our great
expect to consider
.Eese questions more at length at an
.ther stage in my journey. as do als7
he character of the tariff bill whiti1
lae been adopted and which has bscn
mt ,ected TO much criticism, but -
vii Feel that / have vearied vod
'ar beyond any claims have had 10
,our attentions