The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-08-28
URGENT NEED OF
JUDICIAL REFORM
(Denver News.)

ANGMSsJ
England and Wales have fifty.elght
county Judges and thirty-four judges
of supreme Observation-Disclosures
judges i'll all.
Colorado has sixty county judges.
lwenty-one district judges and seven
judges of the supreme court-eighty-
eight Judges IN all.
England and Wales have one Judge
for about $4,000 population. Colorado
has one judge for rather less than
900 population Yet England gets its
legal business attended 10 with less
delay and dissatisfaction than does
Colorado.
An article b. Jesse Macy. in the
last McClure's Magazine, helps TO ex-
plain this remarkable contrast. Only
helps, t. be sure but any help is worth
a welcome In case like this, Mr..
Macy seems to consider the superior
ity OF British judicial work to depend
ON four principal things. These are;
the wedding cut OF technicalities; the
greater powers given 10 the British
judges as opposed TO the limitations
imposed upon our own: the higher con-
sideration, amounting to reverence,
With which British judges are regard
ed. and the promptness with which
British jurleS return verdicts.
As 10 the wedding out of technical
lties Mr. Macy makes come causuc
remarks and presents some rather re-
markable evidence. Cases involving
legs than $3.50 are handled by the
county courts. almost entirely without
the aid OF attorneys. The parties TO
te .v,if haf.rn thr istnUo thRi1.
witnesses. ready sworn stand in two
rows to be called if needed, and the
matter is threshed out then and there.
Usually the witnesses are not called.
The Judge takes the statements Of the
parties, asks what questions seem to
be needed, and gives his decision.
be an expert in getting at the essen.
tial facts. He settles suits involving
a good deal of detail at the rate of
one In FIVE minutes
AS partial explanation OF the dis
regard for technalities. Mr.. Macy eX'
plains that while we in America have
kept the outworl judicial procedure
of England al the time OF our seces-
sioa from the mother country. England
herself has wholly changed her pro-
cedure in that time. She has given
immensely greater powers TO the judge
than we permit him TO exercise; dis
cretionary powers which take the place
of the minrte rules for every petty
thing.
1t Is fair to say that the system
has worked admirably in England 1t
is certain that we in this country
should make a great many changes
which would cut out the mass OF tech
nicalitles that now strangle justice,
But it Is uncertain whether the i'm
sense powers of the British judge could
be conferred upon our judges; and It
is certain that the reverence for the
bench, which plays so large a part
In making the wheels OF justice go
round In England. can never be I'M
ported here Neither is 1t likely that
our juries Will ever be as tractable
as are the British juries. which In
goodly proportion OF cases are merely
registrars Of the courts Will.
We must not lose sight of the fact
that in America rights and privileges
are sharply challenged which in Eng
land are taken as matters of course,
no more to be altered than the path TO
the sun. The caste system. too, tends
10 make men content In that station
TO which God has called them and
TO that degree makes for peace and
submission to authority We In Amer.
lea would rather have a revolution ev-
cry day than to purchase order at the
price of caste, and the News emphat-
ically holds to the American view.
We merely wish 10 point out that. al
though England has paid what we con-
slider an unwarrantably high price for
the orderly management of her soci.
ETY.. she has got what she paid for
And We see no reason why as good
results can not. be had in this country.
even though they be reached by other
routes and paid for In coin OF differ
ont minting. We can copy England in
getting rid of technicalities. We can
not copy her submissive juries, but
for little more money we can get
more intelligent juries, who Will yield
to the law and 10 their oaths the rev.
erence they would deny TO any man.
however, placed. We can revise our
systems OF pleading and procedure so
as to put premium on speed instead
OF on sloth. A few reforms In this
line would do more TO solve the prob.
lens now before the land than can be
done by passing ten thousand laws,
which win have TO be administered by
courts constituted as at present Pres
ident Taft Is right Judicial reform is
the most important and the most soreIy
needed OF all reforms. and some day
our political parties may take up the
big things Instead OF the lesser ones.