Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-12-08

observatory be- DOW deulca W. SIS
ence under control of ii man sof sci-s
ence who can, &c need he, render all
the service to the navy department.
which this observatory now renders
md still furnish 10 the world the dis
coyeries in astronomy that q great as
tronomer using such3sa plant would be
likely to make. a,. ,.,,. s,,,a..,
Department 81 Justies -ExPsditions In
~ Leuaf Procsdurs. q "sH w.
The deplorable delays ID the admin.
istration of civil and criminal law have
received the attention OF committees OK
the American Bar association aud OF
many state bar associa tons, as well az X
the considered thought OF Judges ana
jurists. In my judgment, change 10
judicial procedure. with a view to re-
ducing its expense to private iitigants
in civil cases and facilitating the dis
patch of business and final decision in
both civil and criminal cases. consti-
tutes the greatest need in our Amerl-
can institutions. do not doubt for
one moment that much of the lawless
violence and cruelty exhibited In lynch
ings are directly due to the uncertain
ties and injustice growing out OF the
delays in trials, judgments and the exc
cutions thereof by our courts. OR
course these remarks apply quite as
well to the administration of justice In
state courts as to that In federal
courts, and without making invidious
distinction 1t is perhaps not too much
to say that, speaking generally, the de-
fects are less In the federal courts
than in the state courts. But they are
very great In the federal courts. The
expedition with which business Is dis
posed Of both on the civil and the
criminal side of English courts under
modern rules Of procedure makes the
delays in our courts seem archaic ana
barbarous. The procedure In the fed
eral courts should furnish an example
for the state courts. i
l presume it is impossible without
an amendment to the constitution to
unite under one form Of action the
proceedings at common law and pro-
ceedings in equity in the federal
courts. but it is certainly not impos-
sible by q statute to simplify and make
short and direct the procedure both at
law and in equity in those courts. It
IL not impossible to cut down still
more than it Is cut down the jurisdic-
ton of the supreme court SO as to con-
fine it almost wholly to statutory and
constitutional questions. Under the
present statutes the, equity and ad-
miralty procedure IN the federal courts
is under the control Of the supreme
court, but In the pressure Of business
to which the court Is subjected it is
impossible to hope that radical and
proper reform Of the federal equity
procedure can be brought about. Z
therefore recommend legislation pro-
viding for the appointment BIZ the
president Of d commission with author
ity to examine the law and equity
procedure Of the federal courts Of first
Z instance, the law Of appeals from
those courts to the. courts Of appeals
and to the supreme court and the costs
imposed In such procedure upon the
private litgants and upon the public
treasury and make recommendation
with a view to simplifying and ex-'
pediting the procedure as far as pos
sible and making it as inexpensive as
may be to the litigant Of little means.